Printed Page 3090, May 23
| Printed Page 3110, May 23
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Printed Page 3090, May 23
| Printed Page 3110, May 23
| /One percent of the proceeds from thirteen cents of the gasoline tax only imposed pursuant to this chapter must be transmitted to the Department of Natural Resources to be placed to the credit of a special water recreational resources fund of the State Treasury, and all balances in the fund must be carried forward annually so that no part of it reverts to the general fund of the State./
Amend further, Section 12-28-2740(A), page 59, by striking the sentence beginning on line 9 and inserting:
/The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section./
Amend further, Article 27, Chapter 28, Title 12, page 61, after line 27, by inserting:
/Section 12-28-2750. Subject to the provisions of Section 12-28-2910, the remainder of the proceeds from the gasoline and fuel taxes levied and provided for in this chapter must be remitted to the State Highway Fund./
Amend further, Section 12-28-2910, page 61, by striking the sentence beginning on line 33, and inserting:
/The first eighteen million dollars generated from three cents of the tax levied in this chapter must be segregated in a separate account for economic development./
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-31-410 of the 1976 Code is amended to read:
"Section 12-31-410. A road tax for the privilege of using the streets and highways in this State is hereby imposed upon every motor carrier. The tax shall be is equivalent to thirteen sixteen cents per a gallon, calculated on the amount of gasoline or other motor fuel used by such the motor carrier in its operations within this State. Except as credit for certain taxes as provided for in this chapter, taxes imposed on motor carriers by this chapter are in addition to any taxes imposed upon such the carriers by any other provision of law."/
Renumber sections to conform.
Amend title to conform.
Amend the bill, as and if amended, by striking Section 4, page 66, beginning on line 5, and inserting:
/SECTION 4. Except where inappropriate, a reference in a law, a regulation, or another document to Chapters 27 and 29, Title 12 of the 1976 Code or sections in the chapters is considered a reference to the appropriate provisions of Chapter 28, Title 12 of the 1976 Code.
SECTION 5. This section takes effect July 1, 1995, except Article 23, Chapter 28, Title 12 of the 1976 Code which takes effect September 1, 1995, and applies to sales of motor fuel after April 30, 1996./
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
H. 4010 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (PFM\7505AC.95), which was adopted:
Amend the bill, as and if amended, Section 44-69-75(B), page 2, by deleting lines 13-15 and inserting:
/(2) the home health agency participates in the Medicare program; however, if at any time the home health agency fails to comply with the Medicare conditions of participation, the home health agency shall surrender its license to the department./
Amend title to conform.
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 Bill having been read the second time was ordered placed on the third reading Calendar:
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
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.
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 (JUD3135.001), which was adopted:
Amend the bill, as and if amended, page 2, line 29, by striking SECTION 3 in its entirety and inserting therein the following:
/SECTION 3. Chapter 5, Title 24 of the 1976 Code is amended by adding:
Section 24-5-300. For the purposes of this article:
(1) `Reserve detention officer' means a person assigned part-time jailer or detention officer duties without being regularly assigned to full-time jailer or detention officer duties and who serves in that capacity without compensation.
(2) `Director' means the detention director, jail administrator, or other manager employed for the operation of a county, municipal, or multi-jurisdictional local detention facility.
(3) `Responsible authority' means the sheriff, county administrator, mayor, city manager, or other appropriate official who has legal
Section 24-5-310. The director, in his discretion, may appoint the number of reserve detention officers approved by the responsible authority, but not exceeding the number of regular full-time jailers or detention officers funded and employed at the facility, if participation in the reserve detention officer program has been approved by the governing body having jurisdiction over the detention facility. The number of full-time jailers or detention officers must not be decreased because of the institution or expansion of a reserve force. Each period of time a reserve serves must be determined and specified by the director in writing. The powers and duties of a reserve are subject to the provisions of this article and must be prescribed by the director and approved by the responsible authority.
A reserve is subject to removal by the director at any time. A criminal history inquiry and other appropriate background inquiry must be conducted on an applicant before his selection as a reserve.
Before assuming his duties, a reserve must:
(1) take the oath of office required by law;
(2) be bonded in an amount determined by the governing body of the county, municipality, or other political entity and which must be not less than one thousand five hundred dollars; and
(3) successfully complete the course of training required by this article.
Section 24-5-320. No reserve shall assume a jailer or detention officer function until he has completed successfully a jail pre-service training program approved by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23, and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the director of the local detention facility. Within one year of appointment, a reserve must successfully complete a jail operations training program promulgated by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23 in order to be eligible for continuation as a reserve. A reserve who serves more than one year must complete the same annual in-service training requirements as regular full-time jailers or detention officers. All training which is provided locally or regionally is subject to review by the South Carolina Law Enforcement Training Advisory Council and approval of the South Carolina Department of Public Safety.
Section 24-5-330. Before final acceptance as a reserve, a candidate, at his own expense or through the offices of the doctor of his political entity, shall submit to the director a summary of the results of a current physical
Section 24-5-340. Additional requirements beyond those set out in this article may be imposed by the local political entity through the responsible authority.
Upon request by the director and assurance by the director that minimum requirements have been met, identification cards registering a reserve's status may be issued by the Department of Public Safety.
Section 24-5-350. A reserve shall serve and function as a jailer or detention officer only on specific orders and directions of the director. To maintain status, a reserve shall perform a minimum logged service time of ten hours a month or thirty hours a quarter.
No reserve detention officer shall perform any jailer or detention officer duties except under the direct supervision of a full-time jailer or detention officer. A reserve shall not assume full-time duties of jailers or detention officers without complying with the requirements for full-time jailers and detention officers.
A department utilizing reserves shall have at least one full-time officer as a coordinator-supervisor who must be responsible directly to the director.
Section 24-5-360. A reserve who has been in active status for at least two years and desires to become a full-time jailer or detention officer, upon application of his director to the Department of Public Safety and upon completion of other existing requirements, may be accepted at the South Carolina Criminal Justice Academy for additional hours of training required by the Department of Public Safety pursuant to Article 9, Chapter 6 of Title 23.
Section 24-5-370. A currently certified full-time jailer or detention officer who leaves his position under honorable conditions within twelve months, at the request of his director and with the concurrence of the Department of Public Safety, may be issued a registration card identifying him as a member of the reserve if the use of reserve detention officers has been approved by the responsible authority. The officer is not required to undergo the preliminary training for reserves but is required to have a current physical exam and to continue the same annual in-service training requirements as regular full-time jailers or detention officers.
Section 24-5-380. The uniforms and equipment issued by the political entity shall remain the property of the entity but, in the discretion of the director, may be entrusted to the care and control of the reserve. A
Section 24-5-390. Workers' Compensation benefits may be provided for reserves by the governing body in the same manner benefits are provided for full-time jailers or detention officers.
For purposes of compensation or benefits arising from duty-related injury or death, reserves must be considered employees of the political entities for which they were appointed and must be included with regular duty jailers or detention officers in the assigned responsibility for prevention, suppression, and control of crime."
SECTION 4. Sections 24-5-10 through 24-5-170 are designated as Article 1, entitled "General Provisions".
SECTION 5. This act takes effect upon approval by the Governor./.
Amend title to conform.
Senator CORK explained the amendment.
Senator PEELER proposed the following amendment (JUD3135.005), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . Item 1 of Section 16-23-20 of the 1976 Code, as last amended by Section 274, Act No. 181 of 1993 is further amended to read:
"(1) Regular, salaried law enforcement officers and reserve police officers of a municipality, or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources within their territorial jurisdictions, and reserve police officers while serving and functioning as law enforcement officers as authorized by Section 23-28-10 et seq."/.
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered
placed on the third reading Calendar.
H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Senator O'DELL 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 second reading of the Bill.
Senator O'DELL proposed the following amendment (GJK\22020SD.95), which was adopted:
Amend the bill, as and if amended, in Section 57-1-330(A) of the 1976 Code, as contained in SECTION 1, by inserting immediately after /qualify/ on line 29, page 1 /, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months/
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the second time and 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.
On motion of Senator PASSAILAIGUE, the Bill was carried over.
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH
On motion of Senator LEATHERMAN, the Bill was carried over.
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.
On motion of Senator BRYAN, the Bill was carried over.
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY
On motion of Senator LEATHERMAN, the Bill was carried over.
H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.
On motion of Senator GIESE, the Bill was carried over.
S. 857 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator MOORE, the Resolution was carried over.
H. 4008 -- Reps. Govan, Cave, Cobb-Hunter, Stuart, Rhoad and Sharpe: A BILL TO AMEND ACT 346 OF 1975, RELATING TO THE TRICOUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, SO AS TO REVISE THE COMPOSITION OF THE COMMISSION; TO DELETE THE REQUIREMENT THAT THE CHAIRMANSHIP MUST ROTATE; TO ADD ADDITIONAL POWERS AND DUTIES; TO PROVIDE ADDITIONAL DISTRIBUTION OF COPIES OF THE COMMISSION AUDIT REPORT; AND TO PROVIDE THAT ALL MEMBERS CURRENTLY SERVING ON THE COMMISSION CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR CURRENT TERMS.
On motion of Senator WILLIAMS, 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
Senator LEATHERMAN moved on behalf of the Chairmen's Committee to make the Bill a Special Order.
Printed Page 3090, May 23
| Printed Page 3110, May 23
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