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, again we read from the Book of Proverbs, Chapter 18 (vv.20-21) (NRSV):
"From the fruit of the mouth one's
stomach is satisfied...
Death and life are in the power of
the tongue,
and those who love it will eat
its fruits."
Let us pray.
O God of all goodness: You have put us together in such wonderful ways! You have placed Your servants in the seat of power.
You have created within us talents with which You wish to serve Your children.
Help us in our deliberations this day to have charity with patience; self-respect without vanity; conviction without bigotry; humbleness with dignity; love without sentimentality; and zeal to spend our strength achieving the best goals that we know in our common life... in the Redeemer's Name.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 5, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Elizabeth R. Cromer, 3817 Barwick Street, Columbia, S.C. 29205
Received as information.
April 10, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Georgetown County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:
Honorable Benjamin H. Culbertson, Post Office Box 943, Georgetown, S.C. 29442 VICE Jack Scoville
Received as information.
Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
Columbia, S.C., April 16, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the following:
Initial Appointment, Georgetown County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:
Honorable Benjamin H. Culbertson, Post Office Box 943, Georgetown, S.C. 29442
Very respectfully,
Speaker of the House
Received as information.
S. 1334 -- Senators Fair, J. Verne Smith and Thomas: A JOINT RESOLUTION AUTHORIZING A REFERENDUM TO BE HELD AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF PROHIBITING PAYOFFS ON THE OPERATION OF COIN-OPERATED VIDEO GAME MACHINES WITH A FREE PLAY FEATURE IN ANY COUNTY WITH A POPULATION OF MORE THAN THREE HUNDRED TWENTY THOUSAND AS OF THE 1990 UNITED STATES CENSUS.
Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator THOMAS, S. 1334 was ordered to receive a third reading on Thursday, April 18, 1996.
The following were introduced:
S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.
Read the first time and referred to the Committee on Judiciary.
S. 1367 -- Senator Lander: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator LANDER, S. 1367 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1368 -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION TO CELEBRATE THE LIFE OF LISTERVELT MIDDLETON AND TO REFLECT UPON THE CONTRIBUTIONS HE MADE TO THE AFRICAN AND AFRICAN-AMERICAN COMMUNITY AND TO THE ENLIGHTENMENT AND UNITY OF ALL PEOPLE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4951 -- Rep. Neal: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND COUNTLESS FRIENDS OF A TRUE PUBLIC SERVANT, SECRETARY OF COMMERCE RONALD H. BROWN, ONE OF THE FINEST AND MOST DISTINGUISHED LEADERS IN OUR NATION'S HISTORY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4955 -- Reps. R. Smith, Clyburn, Mason, Sharpe and Spearman: A CONCURRENT RESOLUTION RECOGNIZING ROBERT M. BELL OF AIKEN COUNTY FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY AND HIS INCLUSION IN WHO'S WHO IN THE SOUTH AND SOUTHWEST.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Read the first time and referred to the Committee on Judiciary.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.
Read the first time and referred to the Committee on Finance.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
Read the first time and referred to the Committee on Finance.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE A PROCEDURE FOR THE REDUCTION OF THE CORPORATE LIMITS OF A MUNICIPALITY WHEN A FREEHOLDER'S PROPERTY HAS BEEN ANNEXED BY THAT MUNICIPALITY USING THE METHOD OF ANNEXATION PROVIDED IN SECTION 5-3-150, UNDER CERTAIN CONDITIONS, AND PROVIDE A PROCEDURE BY WHICH THE FREEHOLDER'S PROPERTY MAY BE ANNEXED BY ANOTHER MUNICIPALITY IF IT IS CONTIGUOUS OR REVERT TO BEING UNINCORPORATED PROPERTY.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs polled out S. 1226 favorable with amendment:
S. 1226 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.
Moore Smith, J.V. Peeler Bryan Courson Giese Thomas Washington Rose Hayes Cork Ford Jackson Richter Short Alexander Smith, G. Boan
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:
S. 1235 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO ALLOW EXPUNGEMENT OF A MINOR'S RECORD PURSUANT TO SECTIONS 20-7-1335, 17-1-40, 17-22-150, 34-11-90, AND 44-53-450.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 1298 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1340, SO AS TO PROVIDE THAT ALL VOTE RECORDER VOTING SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-13-1640, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT ALL VOTING MACHINE SYSTEMS MUST BE CAPABLE OF PRODUCING AND TRANSMITTING AN ELECTRONIC FILE CONTAINING ELECTION RESULTS IN A FORMAT PRESCRIBED BY THE STATE ELECTION COMMISSION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a majority favorable and Senator WILSON a minority unfavorable report on:
S. 1318 -- Senator Ford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO PROVIDE FUNDING FOR THE "COPS" PROGRAM AT LEAST AT THE LEVEL AUTHORIZED IN THE "VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994" SO THAT THE EFFORT TO PUT 100,000 ADDITIONAL POLICE ON THE NATION'S STREETS IS REALIZED.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable report on:
H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4792 favorable:
H. 4792 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1996, "WORKERS MEMORIAL DAY".
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue Rose McGill
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4879 favorable:
H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue Rose McGill
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4881 favorable:
H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue Rose McGill
Ordered for consideration tomorrow.
S. 699 -- Senator Richter: 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.
The House returned the Bill with amendments.
Senator MARTIN explained the amendment.
On motion of Senator MARTIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.
Returned with concurrence.
Received as information.
S. 1353 -- Senators Washington, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, ACHIEVEMENTS, AND THE HUMAN SPIRIT OF SECRETARY RONALD H. BROWN, A MAGNIFICENT PERSON AND 30TH U.S. SECRETARY OF COMMERCE, AND TO REFLECT UPON WHAT SECRETARY BROWN MEANT TO HIS COUNTRY, THE PEOPLE OF THE UNITED STATES, AND THE WORLD.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator CORK proposed the following Amendment No. 2 (3320R009.HAC), which was adopted:
Amend the committee report, as and if amended, page 3320-3, line 4, by striking / 50 / and inserting in lieu thereof the following:
/200/.
Amend the committee report further, as and if amended, page 3320-3, by striking line 31 in its entirety and inserting in lieu thereof the following:
/two hundred feet of the vessel creating the wake./.
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator PASSAILAIGUE spoke on the amendment.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Elliott Fair Hayes Martin McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Short
Cork Courtney Drummond Ford Giese Glover Holland Land Lander Leatherman Leventis Moore Reese Richter Rose Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senators PASSAILAIGUE and McGILL argued contra to the adoption of the amendment.
Senator COURTNEY spoke on the amendment.
On motion of Senator COURTNEY, with unanimous consent, Amendment No. AA-P1 and Amendment No. AA were taken up for immediate consideration.
Senator COURTNEY proposed the following Amendment No. AA-P1 (3320R018.CTC), which was adopted:
Amend the amendment by Senator Courtney referenced as 3320R019.CTC, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 50-21-340 of the 1976 Code is amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall must file an application for a number with the department on forms approved by it the department. The application shall must be signed by the owner of the motorboat. Upon receipt of the application in approved form, the department shall must enter the same application upon the records of its office and issue to the applicant a certificate of number stating the number awarded assigned to the motorboat and the name and address of the owner. The certificate of number shall must be pocket size."
SECTION 2. The 1976 Code is amended by adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) 'Personal watercraft' means a boat less than sixteen feet in length which:
(i) has an outboard or an inboard internal combustion motor powering a water jet pump or propeller as its primary source of motive propulsion; and
(ii) is designed with the concept that the operator ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(2) 'Motorized vessel' means a boat with an engine of greater than fifteen horse power;
(3) 'Floating device' includes kneeboards, aquaplanes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may, while upon the waters of this State:
(1) operate, be in possession of, or give permission to operate a personal watercraft unless each person aboard the personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate or be in possession of a personal watercraft or motorized vessel in excess of idle speed within one hundred feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within one hundred yards of the Atlantic Ocean coast line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft or motorized vessel, except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft unless the watercraft is equipped with a wide-angled mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft may be used to tow another vessel when rendering assistance;
(9) operate a personal watercraft or motorized vessel in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, or crossing the wake of another vessel within one hundred feet of the vessel creating the wake;
(10) operate a personal watercraft or motorized vessel if the person is under sixteen years of age, unless accompanied by an adult eighteen years or older who is not under the influence of alcohol, drugs, or a combination thereof. However, a person under sixteen years of age may operate a personal watercraft or motorized vessel without being accompanied by an adult if the person has completed a boating safety program administered or approved by the Department of Natural Resources.
(C) It is unlawful for a person who owns a personal watercraft or motorized vessel, or who has charge over or control of a personal watercraft or motorized vessel, to authorize or knowingly to permit the personal watercraft or motorized vessel to be operated in violation of the provisions of this section. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days.
(D) This section does not apply to:
(1) the operation of personal watercraft or motorized vessels by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) boating activity on private waters; or
(3) a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
Senator COURTNEY proposed the following Amendment No. AA (3320R019.CTC), which was adopted, as amended:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 50-21-340 of the 1976 Code is amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall must file an application for a number with the department on forms approved by it the department. The application shall must be signed by the owner of the motorboat. Upon receipt of the application in approved form, the department shall must enter the same application upon the records of its office and issue to the applicant a certificate of number stating the number awarded assigned to the motorboat and the name and address of the owner. The certificate of number shall must be pocket size."
SECTION 2. The 1976 Code is amended by adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) 'Personal watercraft' means a boat less than sixteen feet in length which:
(i) has an outboard or an inboard internal combustion motor powering a water jet pump or propeller as its primary source of motive propulsion; and
(ii) is designed with the concept that the operator ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(2) 'Motorized vessel' means a boat with an engine of greater than fifteen horse power;
(3) 'Floating device' includes kneeboards, aquaplanes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may, while upon the waters of this State:
(1) operate, be in possession of, or give permission to operate a personal watercraft unless each person aboard the personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate or be in possession of a personal watercraft or motorized vessel in excess of idle speed within one hundred feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within one hundred yards of the Atlantic Ocean coast line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft or motorized vessel, except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft unless the watercraft is equipped with a wide-angled mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft may be used to tow another vessel when rendering assistance;
(9) operate a personal watercraft or motorized vessel in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, or crossing the wake of another vessel within one hundred feet of the vessel creating the wake;
(10) operate a personal watercraft or motorized vessel if the person is under sixteen years of age, unless accompanied by an adult eighteen years or older who is not under the influence of alcohol, drugs, or a combination thereof. However, a person under sixteen years of age may operate a personal watercraft or motorized vessel without being accompanied by an adult if the person has completed a boating safety program administered or approved by the Department of Natural Resources.
(C) It is unlawful for a person who owns a personal watercraft or motorized vessel, or who has charge over or control of a personal watercraft or motorized vessel, to authorize or knowingly to permit the personal watercraft or motorized vessel to be operated in violation of the provisions of this section. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days.
(D) This section does not apply to:
(1) the operation of personal watercraft or motorized vessels by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) boating activity on private waters; or
(3) a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
Consideration of Amendment No. 2 resumed.
Senator CORK explained Amendment No. 2.
Senator PASSAILAIGUE spoke on the amendment.
Having voted on the prevailing side, Senator PASSAILAIGUE moved to reconsider the vote whereby Amendment No. AA, proposed by Senator COURTNEY (3320R019.CTC), was adopted.
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. AA.
Senator PASSAILAIGUE asked unanimous consent to make a motion to amend Amendment No. AA.
Senator CORK objected.
Senator PASSAILAIGUE spoke on Amendment No. AA.
Amendment No. AA was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns today, the Senate stand adjourned to meet Thursday, April 18, 1996, at 11:00 A.M., exclusively for the purpose of the orders of business numbers one through five, for the reading of any Bills which have received unanimous consent to be read, and for the purpose of the calculation of statewide days under Rule 34; and, further, that when the Senate stands adjourned on Thursday, that it stand adjourned to meet on Friday, April 19, 1996, 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 adjourns on Friday, that it stand adjourned to meet next Tuesday, April 23, 1996, at 12:00 Noon.
Senator McGILL spoke on the motion.
Senator McCONNELL spoke on the motion.
The motion was adopted.
The question then was the adoption of Amendment No. 2.
Senator CORK argued in favor of the adoption of Amendment No. 2.
Senator CORK moved that the amendment be adopted.
Amendment No. 2 was adopted.
Senator CORK proposed the following Amendment No. 3 (3320R013.HAC), which was tabled:
Amend the committee report, as and if amended, page 3320-4, line 30, by inserting the following:
/(F) Notwithstanding the provisions of this section, a municipality is authorized to enact ordinances further regulating personal watercraft within its police jurisdiction including, but not limited to, regulations concerning the age or qualifications of the person operating the personal watercraft, the operation of the watercraft, the number of passengers permitted to ride on the watercraft, the size of the watercraft, the power of the watercraft, the ownership of the watercraft, the persons or companies which are in the business of renting such watercraft, and the total number of watercraft permitted to operate in any specified area or areas."/
Amend title to conform.
Senator CORK explained the amendment.
Senator PEELER spoke on the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator LANDER moved to reconsider the vote whereby Amendment No. 2, proposed by Senator CORK (3320R009.HAC), was adopted.
Senator CORK moved to table the motion to reconsider.
The motion to reconsider was laid on the table.
Senator CORK proposed the following Amendment No. 4 (3320R015.HAC), which was tabled:
Amend the committee report, as and if amended, page 3320-4, line 30, by inserting the following:
/(F) Notwithstanding the provisions of this section, a municipality is authorized to enact ordinances further regulating personal watercraft within its police jurisdiction including, but not limited to, regulations concerning the age or qualifications of the person operating the personal watercraft, the operation of the watercraft, the number of passengers permitted to ride on the watercraft, the size of the watercraft, the power of the watercraft, the ownership of the watercraft, the persons or companies which are in the business of renting such watercraft, and the total number of watercraft permitted to operate in any specified area or areas. Enforcement of any such ordinance is the sole responsibility of the municipality enacting the ordinance."/
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Elliott Fair Giese Hayes Holland Land Lander Leatherman Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Reese Richter Rose Short Smith, G. Smith, J.V. Waldrep
Cork Courson Drummond Ford Glover Gregory Jackson Leventis Matthews Moore Patterson Russell Ryberg Setzler Thomas Washington Wilson
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 5 (3320R016.ELP), which was adopted:
Amend the committee report, as and if amended, page 3320-4, by adding after line 6 the following:
/(c) The Department of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department or subject to its approval./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 8 (3320R020.ELP), which was adopted:
Amend the committee report, as and if amended, page 3320-3 by striking lines 3 through 7 and inserting in lieu thereof the following:
/(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;/.
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator CORK proposed the following Amendment No. 9 (3320R021.HAC), which was ruled out of order:
Amend the committee report, as and if amended, page 3320-3, line 4, by striking / 50 / and inserting in lieu thereof the following:
/100/.
Amend title to conform.
Senator CORK explained the amendment.
Senator PASSAILAIGUE raised a Point of Order that Amendment No. 9 was out of order inasmuch as it was an amendment to the third degree.
The PRESIDENT sustained the Point of Order.
Amendment No. 9 was ruled out of order.
The question then was the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Fish, Game and Forestry Committee proposed the following amendment (3320R007.HSP), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/ A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH CAROLINA PERSONAL WATERCRAFT AND BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 50, Chapter 21 is amended by adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) 'Personal watercraft' means a boat less than sixteen feet in length which:
(i) has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(ii) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(iii) has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(b) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a 'jet ski'.
(2) 'Specialty propcraft' means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.
(3) 'Class "A" boat' means a motorboat which is less than sixteen feet in length.
(4) 'Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may:
(1) (a) operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V.
(b) operate, be in possession of, or give permission to operate a Class "A" motor boat while upon the waters of this State unless each person under the age of twelve aboard the Class "A" motor boat is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V.
Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State after sunset or before sunrise; (3) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty propcraft, or vessel except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft or specialty propcraft unless the watercraft is equipped with a wide-angled mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;
(9) operate while upon the waters of this State a personal watercraft, specialty propcraft, or vessel in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;
(10) operate while upon the waters of this State a personal watercraft, specialty propcraft, or vessel in a manner so as to leave the water completely while crossing the wake of another vessel within one hundred feet of the vessel creating the wake.
(11) (a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than 16 years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel (15 horsepower engine or less) without being accompanied by an adult if one or more of the following applies:
(i) the person completes a boating safety program as administered by the Department of Natural Resources; or
(ii) the person completes a boating safety program approved by the Department of Natural Resources.
(iii) anyone operating a vessel with less than 15 horsepower engine will not be required to take the boating safety program.
(b) It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or willfully child to violate item (11) of subsection (B).
(C) It is unlawful for a person who owns a personal watercraft, specialty propcraft, or vessel, or who has charge over or control of a personal watercraft, specialty propcraft, or vessel to authorize or knowingly to permit the personal watercraft, specialty propcraft, or vessel to be operated in violation of this section.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars but no more than three hundred dollars.
(E) This section does not apply to:
(1) the operation of personal watercraft, specialty propcraft, or vessels by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) activity on private waters;
(3) performers engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."
SECTION 2. This act takes effect one year after approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.
(By prior motion of Senator ROSE)
S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
Senator MARTIN asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
On motion of Senator MARTIN, with unanimous consent, the Minority Report was withdrawn.
Senator MOORE objected to the uncontested Bills on the Statewide Calendar.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator MOORE was recognized.
Senator McCONNELL asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator LEVENTIS objected.
On motion of Senator MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Senator LEATHERMAN moved that the Joint Resolution be made a Special Order.
Senator PATTERSON raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Joint Resolution had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
Having received a favorable report from the Georgetown County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Georgetown County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:
Honorable Benjamin H. Culbertson, Post Office Box 943, Georgetown, S.C. 29442 VICE Jack Scoville
Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:
Reappointment, Richland County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Ms. Elizabeth R. Cromer, 3817 Barwick Street, Columbia, S.C. 29205
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lyle Christian from Rock Hill, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Thursday, that it stand adjourned to meet on Friday, April 19, 1996, 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 adjourns on Friday, that it stand adjourned to meet next Tuesday, April 23, 1996, at 12:00 Noon, which motion was adopted.
At 1:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.