Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the Prophet Isaiah, Chapter 43 (vv. 1-2):
"But now thus says the Lord,
'He who created you, O Jacob,
He who formed you, O Israel:
Do not fear, for I have redeemed you;
I have called you by name, you are mine.
When you pass through the waters,
I will be with you; and through the rivers,
They shall not overwhelm you;
When you walk through fire you
shall not be burned, and the flame
shall not consume you'."
Let us pray.
Eternal Father, we remember that in the olden days danger and insecurity were phrased in terms like "over-flowing waters," "the swelling of Jordan" and "flames of fire."
In our modern days things like space travel, economic or political traps, sophisticated chemistry and physics bring us a sense of real danger and insecurity.
Lord give us a simple faith! We believe Your Word to convey the same promises as of old.
Help us to think and act this day in such ways that our consciences will be clear because we claim the promise,
"When you pass through the waters
They shall not overwhelm you."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 27, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Director of the Department of Health and Human Services, with term to commence July 1, 1995, and to expire at the pleasure of the Governor:
E. Anderson Laurent, Ph.D., Department of Health and Human Services, Post Office Box 8206, Columbia, S.C. 29202
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1994, and to expire May 19, 1998:
6th Congressional District:
Mr. Robert M. Harrelson, Post Office Box 4, Mullins, S.C. 29574 VICE Hugh C. Gaskin, III, M.D. (resigned)
Referred to the General Committee.
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1993, and to expire June 30, 1997:
4th Congressional District:
Ms. L. Alexia Newman, 299 Newman Road, Roebuck, S.C. 29376 VICE Penny Miller
Referred to the Committee on Corrections and Penology.
May 8, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointments, Charleston Naval Facilities Redevelopment Authority, with terms to commence April 24, 1995, and to expire April 24, 1999:
Dorchester County:
Mr. James C. Bryan, Post Office Box 771, Summerville, S.C. 29484
Received as information.
North Charleston:
Mr. Gary C. McJunkin, 3841 Chestnut Street, Charleston, S.C. 29405
Mr. Virgil C. Johnston, 5249 Lancaster Street, North Charleston, S.C. 29405
Mr. Lonnie Hamilton, III, 4304 Waterview Circle, North Charleston, S.C. 29418
Received as information.
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:
Charleston County:
Mr. G. Allen Meetze, 3 Marsh Point Lane, Isle of Palms, S.C. 29451
Received as information.
On motion Senator PASSAILAIGUE, with unanimous consent, leave was granted to Senators McCONNELL, RUSSELL, SALEEBY and MOORE to attend a meeting of the Judicial Screening Committee, to be counted in any quorum calls, and if any roll call votes were taken, to be granted leave to vote from the balcony.
At 11:05 A.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:15 A.M.
There was no objection and a message was sent to the House accordingly.
Columbia, S.C., May 10, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 11, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 11, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60, AS AMENDED, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 11, 1995, at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:
(R67) S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: AN ACT TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60 RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.
(R68) S. 482 -- Senator Reese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-235 SO AS TO PROVIDE THAT ANY STUDENT WHO, IT IS DETERMINED, HAS BROUGHT A FIREARM TO SCHOOL OR ANY SETTING UNDER THE JURISDICTION OF A LOCAL BOARD OF TRUSTEES MUST EXPEL HIM FOR NO LESS THAN ONE YEAR, TO ESTABLISH PROCEDURES FOR THE EXPULSION AND REQUIRE THE DISTRICT TO ESTABLISH A POLICY FOR REFERRING EACH EXPELLED STUDENT TO THE LOCAL COUNTY OFFICE OF THE DEPARTMENT OF JUVENILE JUSTICE.
(R69) S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: AN ACT TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
(R70) S. 534 -- Finance Committee: AN ACT TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
(R71) S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: AN ACT TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.
(R72) S. 564 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.
(R73) S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R74) S. 645 -- Senators Drummond and J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.
(R75) S. 669 -- Senators J. Verne Smith and Leatherman: AN ACT TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.
(R76) S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.
(R77) S. 686 -- Transportation Committee: AN ACT TO AMEND SECTION 16-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION AND A CERTIFICATE OF TITLE TO A TRANSFEREE; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.
(R78) S. 732 -- Senator Drummond: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.
(R79) S. 767 -- Senators Matthews and Williams: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.
(R80) S. 802 -- Senators Mescher, Rose and Richter: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
(R81) H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMINISTRATIVE CHANGES IN PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1780, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R82) H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
(R83) H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
(R84) H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R85) H. 3606 -- Rep. Richardson: AN ACT TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM FOR YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
(R86) H. 3666 -- Education and Public Works Committee: AN ACT TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, TO AMEND SECTION 57-3-615, RELATING TO TOLLS ADMINISTERED BY THE DEPARTMENT OF TRANSPORTATION SO AS TO PROVIDE THAT A TOLL PROJECT IN EXCESS OF ONE HUNDRED FIFTY MILLION DOLLARS MAY ONLY BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
(R87) H. 3734 -- Rep. Askins: AN ACT TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.
(R88) H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: AN ACT TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
(R90) H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.
(R91) H. 4137 -- Reps. Spearman, McAbee and Clyburn: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
The following were introduced:
S. 830 -- Senator McGill: A BILL TO AMEND CHAPTER 25, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.
Read the first time and referred to the Committee on Finance.
S. 831 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERM OF OFFICE FOR MAGISTRATES, SO AS TO PROVIDE THAT THE INITIAL TERM OF A NEWLY APPOINTED MAGISTRATE SHALL BE FOR TWO YEARS RATHER THAN FOUR YEARS.
Read the first time and referred to the Committee on Judiciary.
S. 832 -- Senator Ryberg: A BILL TO AMEND SECTION 1-23-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR OFFICE OF ADMINISTRATIVE LAW JUDGES, BY PROVIDING THAT A CANDIDATE MUST MEET THE QUALIFICATIONS AS SET FORTH IN ARTICLE V OF THE CONSTITUTION OF THIS STATE AND AS OTHERWISE PROVIDED BY THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
S. 833 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-86 SO AS TO PROVIDE THAT ANY PERSON ENGAGED IN THE PRIVATE DETECTIVE BUSINESS BEFORE UNDERTAKING THE PHYSICAL SURVEILLANCE OF ANOTHER PERSON IN CONNECTION WITH A CASE ON WHICH HE HAS BEEN RETAINED MUST FIRST RECEIVE WRITTEN COURT PERMISSION, TO PROVIDE THE PROCEDURES FOR OBTAINING SUCH COURT PERMISSION, TO PROVIDE THAT ANY PERSON WHO BELIEVES THEY ARE THE SUBJECT OF A SURVEILLANCE AUTHORIZED BY THIS SECTION MAY PETITION THE COURT WHICH AUTHORIZED THE SURVEILLANCE FOR A HEARING TO DETERMINE THE GROUNDS ON WHICH THE SURVEILLANCE WAS AUTHORIZED AND THE VALIDITY OF CONTINUING THE SURVEILLANCE, AND TO AUTHORIZE THE COURT IN SUCH INSTANCES TO RULE ON WHETHER OR NOT THE SURVEILLANCE SHOULD BE CONTINUED AND TO DISCLOSE UNDER CERTAIN CONDITIONS THE NAME OF THE PARTY REQUESTING THE SURVEILLANCE AND THE GROUNDS ON WHICH IT WAS INITIALLY AUTHORIZED.
Read the first time and referred to the Committee on Judiciary.
S. 834 -- Senator Ryberg: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS FOR THE CHIEF JUSTICE AND ASSOCIATE JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND JUDGES OF THE CIRCUIT COURT, SO AS TO ADD A QUALIFICATION THAT PERSONS MUST BE FOUND QUALIFIED FOR SUCH OFFICE BY THE JOINT LEGISLATIVE COMMITTEE CHARGED BY LAW TO SCREEN CANDIDATES FOR JUDICIAL OFFICE.
Read the first time and referred to the Committee on Judiciary.
S. 835 -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 836 -- Senator Russell: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO COMMANDER R. DOUGLAS HUGHES, USN, A SPARTANBURG NATIVE, ON ASSUMING COMMAND OF USS BOONE (FFG-28).
The Concurrent Resolution was adopted, ordered sent to the House.
S. 837 -- Senator Courtney: A SENATE RESOLUTION TO RECOGNIZE THE ANNUAL FAMILY-ORIENTED CELEBRATION OF BROTHERHOOD AND GOOD HUMOR, BUBBAFEST, AND TO ENCOURAGE SOUTH CAROLINIANS TO PARTICIPATE IN BUBBAFEST '95, SEPTEMBER 8 AND 9 AT MCKINNEY PARK IN WOODRUFF AND ENJOY THE SIGNATURE EVENT OF THE THIRD ANNUAL BUBBAFEST, THE BUBBA-Q COOK-OFF.
The Senate Resolution was adopted.
H. 4204 -- Rep. Marchbanks: A CONCURRENT RESOLUTION CONGRATULATING DR. ROBERT COOK EDWARDS AND MRS. LOUISE ODOM EDWARDS ON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY ON MAY 30, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4206 -- Rep. Rice: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND DR. AND MRS. HAROLD B. SIGHTLER OF GREENVILLE COUNTY ON THE HAPPY OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, MAY 11, 1995, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR CHURCH AND COMMUNITY OVER THE YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4207 -- Reps. Tucker, Rogers, Harrison and Hodges: A CONCURRENT RESOLUTION CONGRATULATING BRIAN A. COMER OF ANDERSON ON WINNING THE 1995 ALGERNON SYDNEY SULLIVAN AWARD AT THE UNIVERSITY OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4208 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF SALUDA COUNTY ON CELEBRATING ITS ONE HUNDREDTH ANNIVERSARY AND FOR ITS PAST ENDEAVORS AND BEST WISHES FOR A FUTURE FILLED WITH THE SAME STRONG SPIRIT THAT LED THE EARLY SETTLERS TO ENDURE HARDSHIP IN ORDER TO MAKE A HOME AND MAINTAIN THEIR FREEDOM IN THE BOUNTIFUL LAND NOW KNOWN AS SALUDA COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4210 -- Rep. Cave: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE HEROIC EFFORTS OF THE MEN AND WOMEN OF ALLENDALE COUNTY AND THE SURROUNDING COMMUNITIES FOR RESCUING AND PROVIDING MEDICAL TREATMENT, FOOD, AND SHELTER TO THE PASSENGERS AND CREW MEMBERS ABOARD THE AMTRAK SILVER STAR WHICH DERAILED IN ALLENDALE COUNTY ON MAY 2, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4211 -- Reps. Carnell, McAbee, Klauber, Stille, Wilkins, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES C. SELF, JR., OF GREENWOOD COUNTY AND EXTENDING DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY AND HIS MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4212 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS EUGENE MILES OF ANDERSON COUNTY UPON HIS RECENT DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MATTHEWS made a Parliamentary Inquiry as to whether or not a Point of Order was required to be raised on Bills originating in the House and received by the Senate subsequent to the May 1st deadline at the time the Bills are considered for first reading or at the time the Bills are reported from committee.
Senators LEATHERMAN and STILWELL spoke on the Parliamentary Inquiry.
The PRESIDENT stated that under the provisions of Rule 48, a Point of Order could be raised at the time of introduction or at any time prior to a Bill reported from committee being placed on the members' desks in compliance with Rule 40.
Senator MATTHEWS raised a Point of Order that the Bills originating in the House and received by the Senate subsequent to the May 1st deadline are out of order under Rule 48 and would require a two-thirds vote of those members present to waive this restriction.
The PRESIDENT sustained the Point of Order and stated that the titles of any Bill originating in the House and received by the Senate after the May 1st deadline would be published and a roll call vote would be ordered.
Senator MATTHEWS withdrew the Point of Order.
H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.
Senator CORK raised a Point of Order under Rule 48 that consideration of the Bill was out of order as the Bill was not received by the Senate prior to May 1st.
The PRESIDENT sustained the Point of Order and stated that a two-thirds vote would be required to waive the provisions of Rule 48.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Drummond Holland Land Leatherman Martin McGill Peeler Ryberg Stilwell Thomas Waldrep Williams
NAYS
Bryan Cork Courson Elliott Ford Glover Hayes Jackson Lander Leventis Mescher O'Dell Passailaigue Rankin Reese Richter Rose Setzler Short Smith, G. Wilson
The Senate refused to consider the Bill.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Senator CORK raised a Point of Order under Rule 48 that consideration of the Bill was out of order as the Bill was not received by the Senate prior to May 1st.
The PRESIDENT sustained the Point of Order and stated that a two-thirds vote would be required to waive the provisions of Rule 48.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Hayes Lander Leatherman Martin Mescher Peeler Rose Ryberg Setzler Smith, J.V. Stilwell Thomas Williams
NAYS
Cork Courson Elliott Ford Glover Jackson Land Leventis Matthews McGill O'Dell Passailaigue Rankin Reese Richter Short Smith, G. Waldrep Washington Wilson
The Senate refused to consider the Bill.
Senator COURTNEY assumed the Chair.
Senator THOMAS made a Parliamentary Inquiry as to the status of the House Bills which the Senate had refused to consider for introduction.
The ACTING PRESIDENT stated he would inform the PRESIDENT of the Senator's inquiry.
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4188 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760; AND TO PROVIDE FOR A REVIEW OF THESE THRESHOLD AMOUNTS EVERY THREE YEARS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4198 -- Reps. Koon, Gamble, Knotts, Wright, Stuart and Riser: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4055 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MANUFACTURED HOME CONTRACTOR", "MANUFACTURED HOME INSTALLER", AND "MANUFACTURED HOME REPAIRER"; TO AMEND SECTION 40-29-30, RELATING TO THE MANUFACTURED HOUSING BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN; TO AMEND SECTION 49-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO ALSO REQUIRE A MANUFACTURED HOME CONTRACTOR, INSTALLER, AND REPAIRER TO BE LICENSED AND TO PROVIDE ADDITIONAL LICENSING REQUIREMENTS; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO ALSO PROVIDE THAT A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER MUST COMPLETE ANY TRAINING REQUIRED BY THE BOARD; TO AMEND SECTION 40-29-120, RELATING TO SURETY BOND REQUIREMENTS, SO AS TO PROVIDE BOND REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-130, RELATING TO REQUIREMENTS FOR INDEMNIFICATION FROM SECURITY, SO AS TO INCLUDE MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS IN THESE REQUIREMENTS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR DISCIPLINE, SO AS TO ALSO APPLY STANDARDS TO MANUFACTURED HOME INSTALLATION, REPAIR, AND MODIFICATION; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES, SO AS TO PROVIDE THAT AN ADMINISTRATIVE PENALTY MAY APPLY TO A PERSON ENGAGING IN ANY ACTIVITY FOR WHICH A LICENSE IS REQUIRED UNDER CHAPTER 29; AND TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS, SO AS TO INCLUDE REQUIREMENTS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The House returned the Bill with amendments.
Senator PASSAILAIGUE explained the House amendments.
On motion of Senator PASSAILAIGUE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
The House returned the Bill with amendments.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Having voted on the prevailing side, Senator DRUMMOND asked unanimous consent to make a motion to reconsider the vote whereby the Senate concurred in the House amendments and ordered the Bill enrolled for Ratification.
There was no objection.
Senator DRUMMOND asked unanimous consent to carry the Bill over.
There was no objection.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
The House returned the Joint Resolution with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
The House returned the Joint Resolution with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.
Senator WILSON explained the Bill.
H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
Senator STILWELL explained the Bill.
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator THOMAS proposed the following amendment (PT\2004AC.95), which was adopted:
Amend the bill, as and if amended, Section 43-35-13, page 1, by deleting lines 26 and 27, and inserting /vulnerable adult has practiced freely in accordance with his religion."/
Amend title to conform.
Senator THOMAS explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (PFM\7442BDW.95), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. The 1976 Code is amended by adding:
"Section 50-11-80. (A) Without permission of the owner and occupant, it is unlawful to hunt:
(1) big game within three hundred yards of a residence;
(2) small game within one hundred yards of a residence.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(C) This section does not apply to a landowner hunting on his own land."
B. Section 50-11-355 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
At 12:08 P.M., the PRESIDENT assumed the Chair.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.
(By prior motion of Senator HOLLAND)
S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.
(By prior motion of Senator HAYES, with unanimous consent)
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.
H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.
H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3037.004), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 34, in Section 56-5-2947(A), as contained in SECTION 1, by striking lines 34 and 35 in their entirety and inserting therein the following:
/(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs.
If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section./.
Amend the bill further, as and if amended, page 2, line 21, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been suspended or revoked for a continuous period of five or more years may apply to the Department of Public Safety to become eligible to receive a driver's license from the Department of Revenue and Taxation. To obtain a driver's license pursuant to this provision:
(1) the five years immediately before filing the application must have passed without a traffic or other violation which resulted in action against the person's driver's license;
(2) the five years immediately before the filing of the application must have passed without the person being convicted of an alcohol or other drug violation;
(3) if the person's driver's license or privilege to operate a motor vehicle was under suspension or revocation by the Department of Public Safety during the five years immediately before the filing of the application for a violation of Sections 56-1-745, 56-1-746, 56-5-2930, or 56-5-2945, or for the violation of another provision of this State, another state, or a foreign jurisdiction related to alcohol or drugs, the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of any law or ordinance of this State, another state, or foreign jurisdiction which would result in the imposition of six or more points pursuant to Section 56-1-720 or mandatory revocation or suspension of a driver's license will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation."
SECTION 3. This act takes effect upon approval by the Governor./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.
(By prior motion of Senator WALDREP)
H. 4180 -- Reps. Vaughn, Herdklotz, Cato, Easterday, Jaskwhich, Tripp, Rice, Anderson and McMahand: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GREENVILLE COUNTY VOTING PRECINCTS, SO AS TO CHANGE POLLING PLACES, RENAME PRECINCTS, AND ADD PRECINCTS.
(By prior motion of Senator J. VERNE SMITH)
H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.
H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 559 -- Senator Rose: A BILL TO AMEND TITLE 20, CHAPTER 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION FROM DOMESTIC ABUSE, BY ENACTING THE "PROTECTION FROM POST-SEPARATION FAMILY VIOLENCE ACT"; BY ADDING ARTICLE 3 SO AS TO CREATE A PRESUMPTION THAT NO PARENT WITH A HISTORY OF FAMILY VIOLENCE MAY BE AWARDED CUSTODY OF A CHILD AND TO PROVIDE CIRCUMSTANCES THAT MAY OVERCOME THE PRESUMPTION; TO PROVIDE FOR SUPERVISED VISITATION UNDER CERTAIN CONDITIONS; TO REQUIRE SEPARATION, DIVORCE, CHILD CUSTODY, AND VISITATION ORDERS TO CONTAIN AN INJUNCTION AGAINST THE PERPETRATOR OF FAMILY VIOLENCE; TO REQUIRE THE PERPETRATOR OF FAMILY VIOLENCE TO PAY ALL COURT AND ATTORNEY FEES AND COSTS INCURRED FOR MEDICAL AND PSYCHOLOGICAL CARE NECESSITATED BY THE FAMILY VIOLENCE; AND TO DESIGNATE SECTIONS 20-4-10 THROUGH 20-4-130 AS TITLE 20, CHAPTER 4, ARTICLE 1 NAMED "PROTECTION FROM DOMESTIC VIOLENCE".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0559.005), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2 SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 395 of 1994, is further amended by adding:
"Section 20-7-1530. In making a decision regarding custody of minor children, the court must give weight to the following factors:
(1) the best interests of the child;
(2) the fitness of the parties;
(3) the conduct of the parties which may affect the child including, but not limited to, evidence of:
(a) domestic violence against the child or another family member including, but not limited to:
(i) physical or sexual abuse,
(ii) evidence of the primary aggressor,
(iii) evidence of self defense;
(b) abuse of alcohol or drugs."
SECTION 2. Article 11, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 395 of 1994, is further amended by adding:
Section 20-7-1557. (A) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made.
(B) In a visitation order, a court may:
(1) order an exchange of a child to occur in a protected setting;
(2) order visitation supervised by another person or agency;
(3) order the perpetrator of domestic or family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;
(4) order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four hours preceding the visitation;
(5) order the perpetrator of domestic or family violence to pay a fee to defray the costs of supervised visitation;
(6) prohibit overnight visitation;
(7) require a bond from the perpetrator of domestic or family violence for the return and safety of the child;
(8) impose any other condition that is considered necessary to provide for the safety of the child, the victim of domestic or family violence, or other family or household member.
(C) If visitation is not allowed or is allowed in a restricted manner to provide for the safety of the child or the parent who is a victim of domestic or family violence, the court may order the address of the child and the victim to be kept confidential.
(D) The court may refer but shall not order an adult who is a victim of domestic or family violence to attend counseling relating to the victim's status or behavior as a victim individually or with the perpetrator of domestic violence as a condition of receiving custody of a child or as a condition of visitation.
(E) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during the visitation."
SECTION 3. This act takes effect upon approval by the Governor./
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, OR PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HAYES proposed the following amendment (DKA\4015DW.95), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 8, by striking /The authority is authorized/ and inserting /Act 959 authorized the authority/.
Amend further, SECTION 1, by striking subsection (B), page 2, beginning on line 13, and inserting:
/(B)(1) The General Assembly has found that it is in the best interest of the authority and the citizens of York County and Cherokee County to expand the boundaries of the authority so that it includes all of York County and the northeast portion of Cherokee County. Except for areas served by the Town of Blacksburg, there is presently no natural gas service available in northeastern Cherokee County, despite there being a great demand for this service from individuals and industry located in it.
(2) The Town of Blacksburg does not currently have the resources to construct all of the transmission lines which are needed to serve this area of Cherokee County, but in cooperation with the authority, anticipates being able to construct sufficient distribution lines which are necessary to serve end users in the area when such service is feasible. The provision of natural gas service in northeastern Cherokee County also will enhance economic development activities in that county. The authority, in the northeastern portion of Cherokee County, is authorized in cooperation with the Town of Blacksburg to provide natural gas services as more fully described in this act./
Amend further, Section 1, as contained in SECTION 2, page 3, by inserting before the /./ on line 19: /subject to the provisions provided in Section 2 of this act/; by inserting after the /./ on line 34: /The authority may furnish, transport, and distribute natural gas, liquified natural gas (LNG), compressed natural gas (CNG), and propane service throughout the service area of the authority./; and by inserting after the (,) on line 41: /or/.
Amend further by striking Section 2, as contained in SECTION 2, page 4, beginning on line 4, and inserting:
/Section 2. The authority shall be empowered to furnish natural gas service throughout the County of York, and, for the purposes of this Act, the area of such county shall constitute the service area of the authority. (A) The service area of the authority includes all of York County and each municipality within the county, all the Town of Smyrna to include that portion of the town which is within the boundaries of Cherokee County, and that portion of Cherokee County beginning at the intersection of the Broad River, the York County line, and the Cherokee County lines; extending in a northwesterly direction along the center line of the Broad River to the center of the Transcontinental Gas Pipeline Corporation's right-of-way; thence in a northeasterly direction along the center line of the Transcontinental Gas Pipeline Corporation's right-of-way to its intersection with the North Carolina state line; thence east along the common boundary of North Carolina and Cherokee County to the York County line. Those areas in Cherokee County, which may now or in the future be served by the Blacksburg municipal system, must be excluded from the authority's distribution system, but may be served by its transmission system.
(B) The Town of Blacksburg owns and operates a gas system which is capable of providing gas service to the portion of the service area of the authority in Cherokee County except for the portion located in the Town of Smyrna. The town is responsible for the distribution of gas to end users located in such service area and may supply this gas service either through its transmission lines and distribution lines or by connecting its distribution lines to the transmission lines of the authority upon the payment of a reasonable tap fee and a reasonable transportation charge to the authority for the use of its transmission lines./
Amend further, Section 3, as contained in SECTION 2, page 4, line 37, by striking /their/ and inserting: /the/.
Amend further, Section 4(e), as contained in SECTION 2, page 6, by inserting after /systems/ on line 11, /and transmission lines/.
Amend further, Section 4(f), as contained in SECTION 2, page 6, by striking lines 17 and 18 and inserting:
/both liquefied natural gas, compressed natural and propane,, and to enter into contracts for the acquisition of such this gas,/.
Amend further, Section 4(o), page 8, line 23, by striking /authority/ and inserting:
/authority board/.
Amend further, page 1, line 22, by striking /OR/ and inserting /AND/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator HAYES, S. 786 was ordered to receive a third reading on Friday, May 12, 1995.
H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (S-EDUC\3023.01), which was adopted:
Amend the bill, as and if amended, on page 4, line 11, by striking lines 11 through 16 in their entirety.
Renumber items to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3758.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 37, by striking lines 37 through 42 in their entirety and inserting therein the following:
/4 U.S.C. Section 112. Now, therefore,/.
Amend the bill further, as and if amended, page 2, line 7, in Section 1-3-480, as contained in SECTION 1, by striking line 7 and inserting therein the following:
/"Section 1-3-480. (A) The Governor, as Commander-in-Chief of the/.
Amend the bill further, as and if amended, page 3, line 32, in Section 1-3-490, subsection (A) of Article II, as contained in SECTION 2, by striking the words /once adopted/ and inserting therein the word
/when enacted/.
Amend the bill further, as and if amended, page 9, beginning on line 33, as contained in SECTION 3, by striking lines 33 through 35 in their entirety and inserting therein the following: /congressional consent is given./.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 514 -- Senators Rankin, Greg Smith, Rose, Land and Elliott: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES, BY ADDING CHAPTER 37 SO AS TO PROVIDE THAT COUNTIES ARE AUTHORIZED UPON FAVORABLE REFERENDUM TO ESTABLISH TRANSPORTATION AUTHORITIES TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND OPERATING HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ON THEIR OWN OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; AND TO AMEND SECTION 57-5-1330 OF THE 1976 CODE, RELATING TO TURNPIKES, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT DESIGNATE ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY WHICH RECEIVES FUNDS FROM THE SPECIAL LOCAL OPTION SALES TAX PROVIDED IN CHAPTER 37 AS A TURNPIKE.
On motion of Senator RANKIN, with unanimous consent, the Bill was recommitted to the Committee on Transportation.
S. 819 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT THE JOBS-ECONOMIC DEVELOPMENT AUTHORITY HAS UNTIL JUNE 30, 1995, TO RESPOND TO AN AUDIT CONDUCTED ON THE AUTHORITY BY THE LEGISLATIVE AUDIT COUNCIL.
On motion of Senator WILLIAMS, with unanimous consent, the Resolution was recommitted to the Committee on Judiciary.
H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator COURTNEY explained the amendment.
Senator THOMAS objected to further consideration of the Bill.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON proposed the following amendment (JIC\5990HTC.95):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property tax relief and phasing out the sales tax on food. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent, in order to exempt food from the sales tax and to grant fifty thousand dollars of the fair market value of each owner-occupied residential property an exemption from all property taxes levied for operating purposes except those levied pursuant to referendum and those levied by special purpose or public service districts and county special tax districts?
_ Yes
_ No
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'."
SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State.
Section 12-36-1120. The revenues in the Property Tax Relief Fund must be distributed quarterly beginning October first of each year by the Comptroller General to reimburse property taxing jurisdictions a sum equal to that not collected in the jurisdiction for property taxes because of Section 12-37-253. If insufficient revenues are available in the Property Tax Relief Fund to pay the required reimbursements, the Comptroller General shall pay the difference from the general fund of the State. County treasurers and municipal governing bodies where appropriate shall file quarterly reports of estimated revenue losses with the Comptroller General in the manner and at the time the Comptroller General directs. After making any changes necessary to ensure accuracy, the Comptroller General shall make reimbursements based on these estimates. The final accounting for the fiscal year must be filed in the manner provided for homestead exemption reimbursements in Section 12-37-270, mutatis mutandis."
SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
SECTION 4. A. The gross proceeds of sales of tangible personal property delivered after December 31, 1995, in this State, either under the terms of a construction contract executed before January 1, 1996, or a written bid submitted before January 1, 1996, culminating in a construction contract entered into before or after January 1, 1996, are exempt from the tax provided in Section 12-36-1110 of the 1976 Code if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation before July 1, 1996.
B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services that are regularly billed on a monthly basis, the tax is imposed beginning on the first day of the billing period beginning on or after January 1, 1996.
SECTION 5. Section 11-11-140(D) of the 1976 Code is amended to read:
"(D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated only for nonrecurring purposes. The provisions of this subsection do not apply to appropriations to cover midyear shortfalls in the Property Tax Relief Fund as established pursuant to Article 11, Chapter 36 of Title 12."
SECTION 6. A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-253. In addition to any other homestead exemption allowed by law, fifty thousand dollars of the fair market value of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all ad valorem taxes except ad valorem taxes levied as follows:
(1) for debt service and for payments pursuant to lease-purchase agreements;
(2) by special purpose or public service districts;
(3) by county special tax districts;
(4) any ad valorem taxes levied pursuant to a referendum in which a majority of the qualified electors of the jurisdiction voting in the referendum voted in favor of levying the taxes."
B. Subject to Part I of this act, Section 12-37-253 of the 1976 Code, as added by this section, is effective for property tax years beginning after 1995.
SECTION 7. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Effective July 1, 1998, food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."
B. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, is two percent for sales or consumption in fiscal year 1996-97, and one percent for such sales or consumption in fiscal year 1997-98. Eighty percent of the revenues from sales taxes imposed by this subsection must be credited to the general fund of this State and the remainder must be credited to the Education Improvement Act Fund.
SECTION 8. Section 1 of this act takes effect upon approval by the Governor. The remaining provisions of this act take effect January 1, 1996, or as otherwise stated, but only upon the certification of the State Election Commission to the Code Commissioner and the Department of Revenue and Taxation of a majority "yes" vote in the referendum provided by this act./
Renumber sections to conform.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator WILSON raised a Point of Order that the Bill was out of order inasmuch as it violated the provisions of Section 15 of Article III of the Constitution.
The ACTING PRESIDENT overruled the Point of Order.
Senator WILSON objected to further consideration.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
On motion of Senator BRYAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Senator LEATHERMAN moved that the Bill be placed in the status of Interrupted Debate.
Senator WILSON made a Parliamentary Inquiry as to whether or not the motion to place the Bill in the status of Interrupted Debate was subject to the provisions that the Bill must have been on the Calendar a minimum of six statewide legislative days.
The PRESIDENT stated that the provision only applied to a motion to make a Bill a Special Order.
Senator WILSON made a Parliamentary Inquiry as to whether or not the motion to place the Bill in the status of Interrupted Debate required unanimous consent.
The PRESIDENT stated that it required unanimous consent.
Senator WILSON objected to the motion to place the Bill in the status of Interrupted Debate.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Senator BRYAN moved that the Bill be made a Special Order.
Senator WILSON raised a Point of Order that under Rule 34B the motion was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
Senator WILSON spoke on the Bill.
Senator McCONNELL proposed the following Amendment No. A (JUD3613.001), which was adopted:
Amend the committee report, as and if amended, page [3613-6], beginning on line 6, as contained in Section 20-7-853, by striking lines 6 through 28 and inserting therein the following:
/"Section 20-7-852. (A) In any proceeding in which for the award of child support is in issue, there is a rebuttable presumption that the amount of the award which would result from the application of those the guidelines required under Section 43-5-580(b) is the correct amount of the child support to be awarded. However, a A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.
(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.
(C) The court shall consider the following factors which may be possible reasons for deviation from the guidelines or may be used in determining whether a change in circumstances has occurred which would require a modification of an existing order:
(1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;
(2) equitable distribution of property;
(3) consumer debts;
(4) families with more than six children;
(5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;
(6) mandatory deduction of retirement pensions and union fees;
(7) support obligations for other dependents living with the noncustodial parent or non-court ordered child support from another relationship;
(8) child-related unreimbursed extraordinary medical expenses;
(9) monthly fixed payments imposed by a court or operation of law;
(10) significant available income of the child or children;
(11) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;
(12) alimony. Because of their unique nature, lumpsum, rehabilitative, reimbursement, or any other alimony that the court may award, may be considered by the court as a possible reason for deviation from these guidelines;
(13) agreements reached between parties. The court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children.
(C) (D) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to insure ensure that their application results in appropriate child support award amounts."/
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. B (3613R003.LHS), which was adopted:
Amend the committee report, as and if amended, page 3613-2, by striking line 40 in its entirety and inserting in lieu thereof the following:
/(B) Notwithstanding subsection (A), the tax credit authorized by this section shall not be allowed unless the taxpayer has complied with Section 20-7-1315.
(C) This section applies to tax years beginning after 1994."/
Amend title to conform.
The amendment was adopted.
Senators RYBERG and WASHINGTON proposed the following Amendment No. C (3613R007.WGR), which was adopted:
Amend the committee report, as and if amended, page 3613-2, by striking lines 26 through 40 and inserting in lieu thereof the following:
/SECTION ___. Chapter 7, Title 12 of the 1976 Code is amended by adding:
Section 12-7-1280. (A) A taxpayer, who employs a person who within twelve months of becoming employed received Aid to Families with Dependent Children is allowed a credit against taxes due under this chapter for wages paid to the employee in an amount equal to:
(1) twenty percent of wages up to five thousand dollars paid for the first year of employment;
(2) fifteen percent of wages up to five thousand dollars paid for the second year of employment;
(3) ten percent of wages up to five thousand dollars paid for the third year of employment.
(B) The tax credit provided by subsection (A) shall not be allowed unless the taxpayer also makes available health care coverage for the benefit of each employee for which the credit is claimed.
(C) The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC recipients and must provide documentation to employers verifying a person's status as an AFDC recipient.
(D) This section applies to tax years beginning after 1994./
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. D (3613R009.LHS), which was adopted:
Amend the committee amendment, as and if amended, page 3613-3, by striking lines 5-18 and inserting the following:
/This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family with education, evaluation, and counseling, consistent with Medicaid regulations, on available voluntary methods of limiting family size. State funds appropriated for family planning must not be used to pay for an abortion./
Amend the committee amendment further, page 3613-4, by striking lines 25-35.
Amend title to conform.
The amendment was adopted.
On motion of Senator MARTIN, with unanimous consent, Amendment No. 10 was taken up for immediate consideration.
Senator MARTIN proposed the following Amendment No. 10 (3613R013.LAM), which was adopted:
Amend the committee amendment, as and if amended, page 3613-6, line 35, after the word /to/ by inserting the following: /voluntarily/.
Amend the committee amendment further, as and if amended, page 3613-6, line 41, by deleting /shall/ and inserting /may/.
Amend the committee amendment further, as and if amended, page 3613-7, line 13, by deleting /required to report/ and inserting /who voluntarily reports/.
Amend the committee amendment further, page 3613-8, by deleting lines 1-3 and inserting the following:
/Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter./.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 6 (JIC\5788AC.95), which was adopted:
Amend the committee report, as and if amended, Part II, Section 6, page 3613-2, by inserting after line 39:
/No tax credit may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law./
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators THOMAS and WASHINGTON proposed the following Amendment No. 11 (PFM\7489AC.95), which was adopted:
Amend the committee report, as and if amended, page 3613-8, by adding an appropriately numbered SECTION to an unnumbered part entitled "Administrative Reforms" to read:
/SECTION ___. Section 43-3-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 43-3-40. (A) The director shall select a director for each county department, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the county director, to discharge the duties of such office and may select regional directors to oversee the county directors. The salaries of county directors and any regional directors shall be fixed by the director. In fixing the these salaries of the various county directors the director shall consider the individual qualifications of the respective directors and the possibilities of their individual positions. The county director shall be the chief executive officer of the county department and shall perform such duties as are directed by the director, regional director, or as directed by law.
(B) Regional and county directors serve at the pleasure of the Director of the State Department of Social Services. A director who elects not to serve or who is removed from the position of director must be offered an available classified position within the department commensurate with the person's experience and training."/
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the committee amendment.
The General Committee proposed the following amendment (BR1\18363AC.95), which was adopted, as perfected:
Amend the bill, as and if amended, Part I, page 3, by deleting Section 2 and inserting:
/SECTION 2. It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. Further, it is the policy of this State that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions./
Amend further, Part III, page 5, Section 2(A), by inserting on page 5 after /specialists/ on line 13 /and authorizes the department to locate, identify, and contract for employment for and on behalf of AFDC recipients/.
Amend further, Part III, Section 2, page 6 by adding at the end of the section:
/(D) The department through its training programs shall provide information about the value of family planning services to reproductive age participants and shall require training program placement staff actively to seek the participation of employers or potential employers in an agreement which permits an AFDC recipient time off from work, not to exceed four hours, at least once a year to voluntarily seek family planning services from a provider of the AFDC recipient's choice without fear of losing their job or of other reprisals./
Amend further, Part III, page 6, by deleting Section 3 and inserting:
/SECTION 3. The Employment Security Commission shall provide the department up-to-date labor market information to assist department employment and training staff in the development of recipient employment goals and training plans to be outlined in individual agreements. The Employment Security Commission also, through contractual agreement, shall provide the South Carolina Occupational Information System to each of the department's local offices to assist with career counseling and career planning activities./
Amend further, Part III, page 6, by deleting Section 6 and inserting:
/SECTION 6. Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1290. (A) A taxpayer, who employs a person who within twelve months of becoming gainfully employed received AFDC benefits and had exhausted these benefits as a result of the two-year limitation on receiving AFDC and who continuously has remained gainfully employed for twelve months, is allowed a tax credit against taxes due under this chapter for health care premiums paid by the employer on behalf of the employee in an amount not to exceed:
(1) one thousand two hundred dollars paid during the second year of employment;
(2) one thousand dollars paid during the third year of employment.
(B) This section applies to tax years beginning after 1994."/
Amend further, Part III, Section 11, page 8, by deleting subsection (B)(3) and (4) and inserting:
/(3) incapacitated and the incapacity is verified by a physician;
(4) caring for an incapacitated person whose incapacity has been verified by a physician;/.
Amend further, Part III, Section 12, page 9, by adding at the end of the section:
/This program must include a family planning assessment if it is determined by the department that an assessment is appropriate. The department shall coordinate with the Department of Health and Environmental Control to provide the AFDC family at department county offices with education, evaluation, and counseling, consistent with Medicaid regulations, on available voluntary methods of limiting family size. If a recipient chooses a birth control method including, but not limited to, tubal ligation or vasectomy, for which Medicaid will not pay, the State, in accordance with state and federal law and within existing resources, shall pay for that birth control method. Family planning assessment must be available to a family up to one hundred eighty-five percent of the federal poverty level. State funds appropriated for family planning must not be used to pay for an abortion./
Amend further, Part IV, Section 1, page 12, by inserting at the end of the section:
/No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC as provided for in this section, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient including, but not limited to, access to family preservation funds or foster care or orphanage placement./
Amend further, Part IV, page 12, by deleting Section 3 and inserting:
/SECTION 3. The asset limit for families on AFDC is ten thousand dollars book value for a vehicle and a total of two thousand five hundred dollars for all other assets./
Amend further, Part IV, Section 4, page 12, by adding at the end of the section:
/The State shall seek a waiver from the federal government providing that no lump sum payment of ten thousand dollars or less deposited in an Individual Development Account within thirty days of receipt will make the family ineligible for receipt of AFDC./
Amend further, Part IV, Section 6, page 12, by inserting after /dividends/ on line 37 /up to four hundred dollars/.
Amend further, Part V, page 13, by deleting Section 2 and inserting:
/SECTION 2. An AFDC recipient who, while receiving AFDC benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for AFDC assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation or alcohol related offense occurs, the recipient is ineligible for AFDC benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing./
Amend further, Part V, by adding appropriately numbered sections to read:
/SECTION __. The Department of Health and Environmental Control and the Department of Health and Human Services shall develop a joint task force of reproductive health care providers and professionals to develop incentives to increase physician participation in the Medicaid program in order to provide better access to comprehensive family planning and prenatal care for Medicaid clients.
SECTION __. The Department of Health and Human Services shall establish a task force to explore ways to provide support and funding for a statewide teen pregnancy prevention council coordinator to provide information and technical assistance to local teen pregnancy prevention councils.
SECTION __. To assist AFDC families in directing their efforts to becoming economically stable and financially independent rather than diverting their resources to the care of children and family members with health and medical problems, the State, through coordination and cooperation among various agencies utilizing current resources, must:
(1) provide greater access to and place more emphasis on early and continuous prenatal care;
(2) eliminate as many barriers to good prenatal care as possible;
(3) establish teen parent initiatives dealing with school drop out programs, parent effectiveness training programs, and family planning programs;
(4) promote counseling and education about early childhood health, especially the need for immunizations;
(5) foster better access to preventive health services through expanded hours of health care clinics;
(6) provide, as funding allows, school nurses to increase access to primary care and more effective identification and referral of health care among children.
SECTION __. All federal child care funds are needed to ensure that AFDC families can participate successfully in the AFDC program. The State should make every effort to obtain these funds./
Amend further, Part VI, by adding appropriately numbered sections to read:
/SECTION ___. A. Section 12-54-470 of the 1976 Code, as added by Act 474 of 1988, is amended to read:
"Section 12-54-470. Priority in multiple claims Claims to refunds allowed to be setoff set off under the provisions of this article must be in the order in time which made by a claimant agency has filed filing a written notice with the commission of its intention to effect collection through setoff under this article. However, claims filed by any agency of state government have priority over claims filed by the Internal Revenue Service or an institution of higher learning. Notwithstanding this priority according to time of filing, the commission has priority over all other claimant agencies for collection by setoff whenever it is a competing agency for a refund. The following is the order of priority for multiple claims filed:
(1) claims of the Department of Revenue and Taxation;
(2) claims of the Division of Child Support Enforcement of the State Department of Social Services;
(3) other claims of the State Department of Social Services and other state agencies;
(4) claims of the Internal Revenue Service and claims filed by institutions of higher learning;
(5) claims of other agencies not given a specific priority.
Priority within a class in which multiple claims are filed is the order in time in which the claimant agencies filed the written notice with the commission of the intention to effect collection through setoff under this article."
B. The amendments to Section 12-54-470 of the 1976 Code, as contained in this section, apply to refunds for tax years beginning after 1995.
SECTION __. Section 20-7-852 of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"Section 20-7-852. (A) In any a proceeding in which for the award of child support is in issue, there is a rebuttable presumption that the amount of the award which would result from the application of those the guidelines required under Section 43-5-580(b) is the correct amount of the child support to be awarded. However, a A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.
(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order, except in a Title IV-D case.
(C) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing establish child support guidelines as a rebuttable presumption. The department shall review these regulations at least once every four years to insure ensure that their application results in appropriate child support award amounts."
SECTION __. Section 20-7-1315 of the 1976 Code, as last amended by Act 510 of 1994, is further amended by adding at the end:
"(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:
(1) An employer doing business in this State shall participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer required to report under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.
(6) For each employee reported under the Employer New Hire Reporting program, the Child Support Enforcement Division shall retain the information only if the division is responsible for establishing, enforcing, or collecting a support obligation of the employee. If the division is not responsible for establishing, enforcing, or collecting a support obligation of the employee, the division must not create a record regarding the employee and the information provided by the employer must be destroyed promptly.
(7) An employer of an obligor who knowingly violates this section is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion."/
Amend further, Part VI, page 31, by adding after line 43:
/SECTION 5. Article 5, Chapter 5, Title 43 of the 1976 Code is amended by adding:
"Section 43-5-585. The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have not made a payment on their child support obligation for two consecutive months.
The department shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage."/
Amend further, by inserting after Part VI, an appropriately numbered part to read:
SECTION 1. The Department of Social Services, with existing resources and personnel, shall develop simplified AFDC, Medicaid, and food stamp application forms and instructions which are understandable. If necessary, for compliance with federal regulations, the department shall apply to the federal government for waivers.
SECTION 2. The Department of Social Services and the Department of Health and Human Services Finance Commission shall review and, to the extent possible, ensure that federal and state procurement and purchasing regulations do not unnecessarily delay services to AFDC clients and child care and transportation providers to AFDC clients.
SECTION 3. As applicable, all state agencies shall adopt Electronic Data Interchange Standards as set forth by the Budget and Control Board, Office of Research and Statistics Information Resource Planning and Management so that exchanges and sharing of information concerning AFDC clients and revenue sources are freely available. However, in the exchange and sharing of information all requirements for confidentiality of information must be maintained. For the next two years these state agencies shall report to the Budget and Control Board, Division of Information Resource Technology before January first on the agency's progress and compliance with this section and its utilization of the system created as a result of this action.
SECTION 4. The Department of Social Services in conjunction with the Department of Education shall:
(1) ensure that existing continuing education and adult education programs are designed to advance AFDC clients in attaining self-sufficiency and that the location, scheduling, and other mechanics of these programs are structured so as to maximize access by AFDC clients;
(2) endorse and promote school-to-work transition programs to link at-risk secondary school students to the workplace and to appropriate work related post-secondary education.
SECTION 5. (A) The Department of Social Services in conjunction with the State Board for Technical and Comprehensive Education shall:
(1) work closely with businesses and industries in South Carolina to design curriculums to produce students with skills needed by these businesses and industries;
(2) develop specially designed curriculums that target and train AFDC clients in keeping with the clients' identified aptitudes, interests, and abilities for occupations identified by the Employment Security Commission as the top growth occupations of the future.
(B) For the next three years the Department of Social Services and the State Board for Technical Education shall report before January first to the Governor and the General Assembly on the projects completed under this section, the number of AFDC families served, and shall evaluate their effectiveness in assisting AFDC families in becoming self-sufficient./
Amend further, Part IX, page 35, by deleting Section 4 in its entirety and inserting:
/SECTION 4. This act takes effect upon approval by the Governor except that Part III, Sections 6, 11, 12, and 13; Part IV, Sections 1, 3, 4, 5, and 6; Part V, Sections 1, 2, 3, 5, 6, 7, and 8; and Part VI, Section 4 take effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation. Part VI, Section 5 takes effect January 1, 1996./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN proposed the following Amendment No. 1 (PT\1928AC.95), which was tabled:
Amend the bill, as and if amended, Part IV, Page 12, by deleting SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator WILSON argued contra to the adoption of the amendment.
Senator WILSON moved to lay the amendment on the table.
The amendment was laid on the table.
At 12:45 P.M., Senator DRUMMOND requested a leave of absence until 1:30 P.M.
Senator SHORT proposed the following Amendment No. 3 (3613R005.LHS), which was adopted:
Amend the bill, as and if amended, page 17, by striking lines 1-30, and inserting in lieu thereof the following:
/(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support and the department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(5) 'Licensee' means an individual holding a license issued by a licensing entity. 'Licensee' also includes a general partner, or an individual who holds a majority interest or a controlling interest in a corporation or in a partnership, corporation or other legal entity who has been named in an order of child support notwithstanding the fact that the license is issued in the name of the corporation, partnership or other legal entity.
(6) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state agency, board, department, office, or commission that issues a license./
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 9 (3613R012.LHS), which was adopted:
Amend the bill, as and if amended, page 12, line 4, by adding the following after the word /months/:
/only, except with the express permission of the county director,/
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
A review of Amendment No. 9 contained a scrivener's error. The following text should be incorporated on page 12 of H. 3613 to replace lines 1 through 5:
/family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities./
/s/ Frank Caggiano
Senator SHORT proposed the following Amendment No. 5 (BR1\18409AC.95):
Amend the bill, as and if amended, Part III, by adding an appropriately numbered section to read:
/SECTION __. (A) To promote stability and longevity in employment, the department shall apply to the federal government for a waiver authorizing transitional Medicaid and child care for two years for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four month time limit set out in Part IV, Section 1 for two years. If this waiver is denied, the department shall apply to the federal government for a waiver authorizing a grant of three percent of the maximum family grant and supportive services of Medicaid and child care for one year from the date that the benefits would otherwise end for an employed AFDC recipient who would otherwise be ineligible because of income or from the date that a former recipient who had been found ineligible for exceeding the twenty-four month time limit set out in Part IV, Section 1, begins employment. Benefits provided under this section do not count against the twenty-four month time limit set out in Part IV, Section 1.
(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan./
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT asked unanimous consent to make a motion that Amendment No. 5A (PT\2022AC.95), proposed by Senator SHORT, be substituted for Amendment No. 5.
There was no objection and the motion was adopted.
Senator SHORT proposed the following Amendment No. 5A (PT\2022AC.95), which was adopted:
Amend the bill, as and if amended, Part III, by adding an appropriately numbered SECTION to read:
/SECTION ____. (A) To promote stability and longevity in employment, the department shall apply to the federal government for a waiver authorizing transitional Medicaid and child care for one additional year for AFDC clients who lose eligibility because of employment or who become employed after losing eligibility as a result of exceeding the twenty-four month time limit set out in Part IV, Section 1 for two years and whose earnings are less than poverty and whose continued employment would be jeopardized by medical expenditures. If this waiver is denied, the department shall apply to the federal government for a waiver authorizing a grant of three percent of the maximum family grant and supportive services of Medicaid and child care for one year from the date that the benefits would otherwise end for an employed AFDC recipient who would otherwise be ineligible because of income or from the date that a former recipient who had been found ineligible for exceeding the twenty-four month time limit set out in Part IV, Section 1, begins employment. Benefits provided under this section do not count against the twenty-four month time limit set out in Part IV, Section 1.
(B) If a former recipient's employer offers or provides health insurance coverage for the former recipient and/or the former recipient's family at an out-of-pocket cost to the former recipient which is less than ten percent of the former recipient's wages after deducting Federal Income Collection Act contributions, no Medicaid coverage may be provided to a family member who could be covered under the employer-provided insurance plan./
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
Senator THOMAS spoke on the Bill.
Senator WASHINGTON spoke on the Bill.
Senator SHORT spoke on the Bill.
Senator MOORE spoke on the Bill.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator MOORE, the Bill was carried over.
S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator MOORE, the Bill was carried over.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE spoke on the Bill.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, Senator PASSAILAIGUE retaining the floor.
On motion of Senator ELLIOTT, with unanimous consent, the appointment of Mr. Gerald Whitley of North Myrtle Beach, S.C., as magistrate for Horry County would be confirmed upon receipt of the appointment from the Governor with the requisite forms.
Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
Initial Appointments, Charleston Naval Facilities Redevelopment Authority, with terms to commence April 24, 1995, and to expire April 24, 1999:
North Charleston:
Mr. Lonnie Hamilton, III, 4304 Waterview Circle, North Charleston, S.C. 29418
Mr. Virgil C. Johnston, 5249 Lancaster Street, North Charleston, S.C. 29405
Mr. Gary C. McJunkin, 3841 Chestnut Street, Charleston, S.C. 29405
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1997:
Charleston County:
Mr. G. Allen Meetze, 3 Marsh Point Lane, Isle of Palms, S.C. 29451
Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1995, and to expire April 24, 1999:
Dorchester County:
Mr. James C. Bryan, Post Office Box 771, Summerville, S.C. 29484
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that, when the Senate stands adjourned on Fridays, it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 1:15 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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