Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:30 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 again Jeremiah, the spiritual counselor to his government at the turn of the 7th century B.C. Note again the picture language that is Hebrew, Chapter 2 (v. 13) (NRSV):
"For my people have committed
two evils:
They have forsaken me,
The fountain of living water,
and dug out cisterns for themselves,
Cracked cisterns that can hold no water."
Let us pray.
Our Father, we thank You for the record of Your relationship with the Hebrews in the Old Testament. When they were faithful to You they succeeded in life, when they turned away from You they suffered.
Grant, O Lord, that we, in our day may choose, in our personal and corporate lives, "the fountain of living water" rather than digging out of the mud cracked, broken cisterns that can hold no water.
Help us to make that decision... each morning... in the Messiah's name!
Amen.
At 10:35 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 10:55 A.M.
At 10:57 A.M., the Senate resumed.
At 11:00 A.M., Senator DRUMMOND 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 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration:
Document No. 1993
Promulgated by Board of Education
43-172. Accounting and Reporting
Received by Lt. Governor April 30, 1996
Referred to Senate Committee on Education
120 day review expiration date August 28, 1996
(Subject to Sine Die Revision)
Document No. 2001
Promulgated by Board of Education
43-185. Bus Conduct (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2002
Promulgated by Board of Education
43-186. Student Transportation Records (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2003
Promulgated by Board of Education
43-200. Staff Protection (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2004
Promulgated by Board of Education
43-202. Personnel Records (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2005
Promulgated by Board of Education
43-202.1. Regulation to Ensure that School Districts Recruit and Hire Personnel for EIA Implementation on the Basis of Merit and Qualifications; to Ensure Fair and Equal Treatment for Minorities; and Corrective Action for Non-compliance (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2006
Promulgated by Board of Education
43-214. Developmental Activities and/or Remedial Programs in Grades 1-8 (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2007
Promulgated by Board of Education
43-215. Public School Employee Cost Savings Program (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2009
Promulgated by Board of Education
43-235.1. Clearly Defined Vocational Programs (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2010
Promulgated by Board of Education
43-235.2. Vocational Grants for the Updating of Existing Vocational Programs and the Implementation of New Vocational Programs (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2014
Promulgated by Board of Education
43-243.3. Providing for the Disbursement of Funds for Trainable and Mentally Handicapped Students (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2016
Promulgated by Board of Education
43-245. Interscholastic Athletics (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2017
Promulgated by Board of Education
43-250. Instructional Materials (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2018
Promulgated by Board of Education
43-251. Textbook Selection and Adoption (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2019
Promulgated by Board of Education
43-252. Supplementary Materials Selection and Adoption (Workbooks) (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2020
Promulgated by Board of Education
43-254. Philosophy of Community Education (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2024
Promulgated by Board of Education
43-266. Federally-Funded Compensatory Education Programs (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2026
Promulgated by Board of Education
43-272.1. Compulsory Kindergarten Program (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2027
Promulgated by Board of Education
43-273. Transfers and Withdrawals (Amend)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2029
Promulgated by Board of Education
43-275. Student Safety (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2030
Promulgated by Board of Education
43-276. First Aid
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2031
Promulgated by Board of Education
43-278. Inoculations (Repeal)
Received by Lt. Governor April 29, 1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
Document No. 2032
Promulgated by Board of Education
43-280. Creating More Effective Partnerships Among the Schools, Parents, Community and Business (Repeal)
Received by Lt. Governor April 29,1996
Referred to Senate Committee on Education
120 day review expiration date August 27, 1996
(Subject to Sine Die Revision)
H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
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 LAND, H. 4896 was ordered to receive a third reading on Wednesday, May 1, 1996.
S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from Legislative Council.
There was no objection.
Having voted on the prevailing side, Senator HAYES 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.
On motion of Senator HAYES, the Bill was carried over.
The following were introduced:
S. 1403 -- Senator Drummond: A CONCURRENT RESOLUTION WELCOMING THE MEMBERS OF THE USS SANTEE TO SOUTH CAROLINA AS THEY CELEBRATE TRIUMPHANT MEMORIES OF WORLD WAR II.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1404 -- Senators Wilson and Saleeby: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A STATEMENT OF INTENTION OF CANDIDACY TO QUALIFY AS A CANDIDATE TO RUN IN THE GENERAL ELECTION, SO AS TO REQUIRE THAT ALL CANDIDATES MUST FILE THE STATEMENT WITH THE COUNTY ELECTION COMMISSION OF THE COUNTY IN WHICH THEY RESIDE INSTEAD OF THE COUNTY EXECUTIVE COMMITTEE OR STATE EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTY.
Read the first time and referred to the Committee on Judiciary.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator RYBERG a minority unfavorable report on:
S. 1201 -- Senator Martin: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 10 SO AS TO ENACT THE "RESIDENTIAL PROPERTY DISCLOSURE ACT OF 1996."
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution 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. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.
(By prior motion of Senator ELLIOTT)
H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.
H. 4847 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.
H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Senator PEELER 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.
Senators PEELER and COURTNEY proposed the following amendment (JUD3228.001), which was adopted:
Amend the bill, as and if amended, by adding a SECTION to read:
/SECTION ___. Section 20-7-420(30) of the 1976 Code is amended to read:
"(30) To make any order necessary to carry out and enforce the provisions of this chapter, and to hear and determine any questions of support, custody, separation, or any other matter over which the court has jurisdiction, without the intervention of a jury; however, the court may not issue an order which prohibits a custodial parent from moving his residence to a location within the State unless the court finds a compelling reason."/
Amend title to conform.
Senator RICHTER proposed the following amendment (3228R001.LER), which was ruled out of order:
Amend the bill, as and if amended, by striking lines 38 through 40 and inserting in lieu thereof the following:
/SECTION 2. Chapter 75 of Title 15 of the 1976 Code is amended by adding:
"Section 15-75-25. (A) A person may maintain an action for damages arising out of interference with marital relationships. 'Interference with marital relationships' means any wrongful or adulterous interference in marital relationships by a third party, during the marriage, which deprives one spouse of the affections, aid, and comfort of the other. The plaintiff in a civil action seeking to recover damages for interference in marital relationships must allege and prove that he or she is married to the party involved with the defendant. In addition, the plaintiff must allege and prove (1) sexual intercourse or other wrongful conduct between the defendant and the spouse during the marriage, (2) the plaintiff's loss of affection or consortium of the spouse, and (3) a causal connection between the defendant's conduct and the plaintiff's loss. However, no cause of action for interference with marital relationships shall be maintained by an individual who has entered into an agreement for separate maintenance containing an express waiver of such rights.
(B) No cause of action for interference with marital relationships may be maintained unless commenced within three years of the date of accrual of the cause of action."
SECTION 3. This act takes effect upon approval by the Governor, provided that the provisions of Section 2 of this act are not retroactive and shall apply prospectively to causes of action accruing on or after the effective date./
Renumber sections to conform.
Amend title to conform.
Senator RICHTER explained the amendment.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators RICHTER and BRYAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
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 were read the third time and ordered sent to the House of Representatives:
S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
S. 1386 -- Senator Land: A BILL TO AMEND SECTION 57-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF SIGNS WITHIN THE RIGHT-OF-WAY OF A HIGHWAY, SO AS TO AUTHORIZE PLACEMENT OF SIGNS IN THIS AREA, WITH CERTAIN RESTRICTIONS.
(By prior motion of Senator LAND, with unanimous consent)
S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Having voted on the prevailing side, Senator SALEEBY asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill.
There was no objection.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 962 -- Senators Giese, Hayes and Bryan: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.
Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEVENTIS explained the Bill.
Senator BRYAN objected to further consideration of the Bill.
H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.
On motion of Senator DRUMMOND, the Bill was carried over.
S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.
On motion of Senator ELLIOTT, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
H. 4600 -- GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator DRUMMOND proposed the following Amendment No. 25 (SBD\97.011), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0175, line 10 by:
COLUMN 7 COLUMN 8
STRIKING: 440,125 363,025
( ) ( )
INSERTING: 290,125 213,025
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0175, line 27 by:
COLUMN 7 COLUMN 8
STRIKING: 1,893,621 1,807,180
( ) ( )
INSERTING: 1,987,320 1,900,879
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0176, line 37 by:
COLUMN 7 COLUMN 8
STRIKING: 2,310,668 272,556
( ) ( )
INSERTING: 2,781,668 743,556
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0177, line 33 by:
COLUMN 7 COLUMN 8
STRIKING: 1,696,028 1,339,324
( ) ( )
INSERTING: 1,346,028 989,324
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0178, line 19 by:
COLUMN 7 COLUMN 8
STRIKING: 1,338,657 383,311
( ) ( )
INSERTING: 1,273,958 318,612
( ) ( )
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 22A (SBD\97.008), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0181, line 15 by:
COLUMN 7 COLUMN 8
STRIKING: 794,856
( ) ( )
INSERTING: 677,067
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0181, line 16 by adding:
COLUMN 7 COLUMN 8
Employer Contributions 117,789
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 21 (SBD\97.007), which was adopted:
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0190, line 7 by:
COLUMN 7 COLUMN 8
STRIKING: 956,824,492 956,824,492
( ) ( )
INSERTING: 901,429,197 901,429,197
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0190, line 25 by inserting:
COLUMN 7 COLUMN 8
8,385,343 8,385,343
Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0190, line 26 by inserting:
COLUMN 7 COLUMN 8
47,009,952 47,009,952
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 16 (SBD\97.002), which was adopted:
Amend the bill, as and if amended, Part IA, Section 28, Museum Commission, page 0219, line 25 by:
COLUMN 7 COLUMN 8
STRIKING:
( ) (14.00)
INSERTING:
( ) (12.00)
Amend the bill further, as and if amended, Part IA, Section 28, Museum Commission, page 0220, line 38 by:
COLUMN 7 COLUMN 8
STRIKING:
( ) (3.00)
INSERTING:
( ) (2.00)
Amend the bill further, as and if amended, Part IA, Section 28, Museum Commission, page 0221, line 11 by:
COLUMN 7 COLUMN 8
STRIKING:
( ) (1.00)
INSERTING:
( ) (0.00)
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 13 (4600207.GFM), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 504, after line 25, by adding a new proviso to read:
\18A.__. (CHE: Formula Funding for Converse Women's Leadership Institute) Funds appropriated in Part IB, Section 18A. 26 of Act 145 of 1995 for The Citadel for the Women's Leadership Institute at Converse College shall be carried forward to be used in the 1996-97 fiscal year for the same purposes authorized in Act 145 of 1995./
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senators SETZLER and PASSAILAIGUE proposed the following Amendment No. 20 (SBD\97.006), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18C, The Citadel, page 505, Proviso 18C.1, line 1 by striking lines 1 through 2 and inserting the following:
the Women's Leadership Program as established in Part II of the act by any court of competent jurisdiction and the appropriation authorization shall revert to the General Fund.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 14A (4600R206.GFM), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18C, The Citadel, page 505, after line 2, by adding a new proviso to read:
/18C. Funds appropriated in Item 50, Section 2 of Act 146 of 1995, for The Citadel's Women's Leadership Program, shall be carried forward to be used in fiscal year 1996-97 for the same purposes authorized in Act 146 of 1995 and as amended./
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 18 (SBD\97.004), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 517, Proviso 19A.39, by striking line 35 and inserting the following:
Project and Professional Development Schools for prospective teachers.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 19 (SBD\97.005), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 519, line 43, by adding a new proviso to read:
19A. (SDE-EIA: XK-Select Committee) Of the funds appropriated in Part IA, Section 19S.K. for the Select Committee, $7,352 must be provided to fund the Charleston MARE Program. The Department of Education must provide a report of the MARE Program to the Select Committee by February 1. Information to be reported shall be determined by the Select Committee.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 4 (4600R528.ELP), which was tabled:
Amend the bill, as and if amended, Part IB, Section 20, ETV, page 520, after Proviso 20.6, line 24, by inserting:
/(ETV: WSCI-Charleston) ETV shall use a portion of the funds appropriated in Section 20 of Part 1A of this Act to operate and fund WSCI in Charleston at a level no less than the amount funded during FY95-96./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator SETZLER proposed the following Amendment No. 24 (SBD\97.010), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, Wil Lou Gray Opportunity School, page 521, line 2, by inserting a new proviso to read:
21. The Trustees of the Wil Lou Gray Opportunity School may carry out improved forestry practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and other school purposes.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator WASHINGTON proposed the following Amendment No. 33A (4600R004.MW), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69, page 561, by adding after line 18 an appropriately numbered new proviso to read as follows:
/69.____ (Johns Island Connector - approval) Notwithstanding any other provision of law to the contrary, the final project plans for the location and construction of the Johns Island Connector in Charleston County must be submitted to the county governing body for its review. The county governing body shall have 90 days from the time it receives the plans to review the plan. If the county governing body does not agree with the plans it shall state its reasons therefor which reasons shall be considered by the Commission of the Department of Transportation in any revisions of the final plans./
Renumber sections to conform.
Amend title to conform.
Senator WASHINGTON explained the amendment.
Senator WASHINGTON moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 50A (715.VRC), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69, Department of Transportation, page 561, by adding a new proviso to read:
/69.___ (Heritage Corridor Signs) Of the funds appropriated herein, $100,000 must be used by the Department for fabricating and installing Heritage Corridor signs for those counties affected by this Corridor./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 17 (SBD\97.003), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 580, Proviso 72.72, line 36 by striking lines 36 through 38 and inserting the following:
feasibility study as to the most efficient means of providing school transportation services. The Department of Education shall not proceed with solicitations for proposals without prior approval by the General Assembly.
Amend sections, totals and title to conform
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 26 (JIC\5925HTC.96), which was tabled:
Amend the bill, as and if amended, Part IA, SECTION 3A, Leg. Dept.-The Senate, page 0001, by inserting immediately after line 37:
COLUMN 7 COLUMN 8
/Children's Committee 110,000 110,000
(2) (2)/
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator FAIR moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator DRUMMOND proposed the following Amendment No. 45 (507.BBH), which was adopted:
Amend the bill, as and if amended, Part IA, Section 3B, HOUSE OF REPRESENTATIVES, page 0010, line 24 by striking: /A. Capital Projects Oversight/
and inserting: /A. Joint Bond Review/
Amend further, on page 0010, line 30
by striking: /TOTAL CAPITAL PROJECTS OVERSIGHT/
and inserting: /TOTAL JOINT BOND REVIEW/
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 49 (800.REM), which was adopted:
Amend the bill, as and if amended, Part IA, Section 17A, BUDGET & CONTROL BOARD DIVISION OF EXECUTIVE DIRECTOR, page 68, line 10 by:
COLUMN 7 COLUMN 8
STRIKING: 12,504 12,504
( ) ( )
INSERTING: 22,504 22,504
( ) ( )
Amend the bill further, as and if amended, Part IA, Section 17A, BUDGET & CONTROL BOARD DIVISION OF EXECUTIVE DIRECTOR, page 68, line 23 by:
COLUMN 7 COLUMN 8
STRIKING: 290,602 290,602
( ) ( )
INSERTING: 280,602 280,602
( ) ( )
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
At 12:12 P.M., Senator COURSON, with unanimous consent, moved that a call of the Senate be made. The following Senators answered the call:
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 Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
Senator O'DELL recorded his presence subsequent to the Call of the Senate.
A quorum being present, the Senate resumed.
At 12:42 P.M., Senator MARTIN assumed the Chair.
Senator MESCHER proposed the following Amendment No. 59 (4600R211.WCM), which was tabled:
Amend the bill, as and if amended, Part 1A, Section 50, page(s) 416, column(s) 7 and 8, by adding after line 5, the following:
/Cooper River Corridor Project 100,000 100,000/
Amend sections, totals and title to conform.
Senator MESCHER explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
At 1:00 P.M., Senator DRUMMOND asked unanimous consent to make a motion that the Lieutenant Governor be granted authorization to ratify Acts and upon completion of the Ratification of Acts, that the Senate would stand in recess until 2:35 P.M.
There was no objection and the motion was adopted.
Debate was interrupted.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 30, 1996, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R296) S. 68 -- Senators McConnell, Rose and O'Dell: AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE TECHNICAL EXPERTS IN THE DEFINITION OF "EMPLOYEE".
(R297) S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: AN ACT TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.
(R298) S. 421 -- Senator Rose: AN ACT TO AMEND SECTIONS 4-20-20, 4-20-40, 4-20-60, AND 4-20-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL, TO PROVIDE THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN THE COUNTY AND A MUNICIPALITY ANY PORTION OF WHICH IS LOCATED IN THE DISTRICT, TO PROVIDE FOR BORROWING BY THE DISTRICT BY MEANS OTHER THAN BONDED INDEBTEDNESS WITH THE APPROVAL OF THE GOVERNING BODY OF THE COUNTY AND PROVIDE FOR THE RESTRICTIONS ON THIS BORROWING, AND TO REVISE THE MANNER IN WHICH DISTRICT BOUNDARIES MAY BE ALTERED.
(R299) S. 598 -- Senator Bryan: AN ACT TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO INCLUDE AS MISCONDUCT, DISPENSING, PRESCRIBING, ADMINISTERING, OR OBTAINING DRUGS FOR ANY USE OTHER THAN ONE APPROPRIATE FOR THE PRACTICE OF DENTISTRY, AND TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO THESE RECORDS AND TO AUTHORIZE USE OF THEM IN PROCEEDINGS AND TO PROVIDE SANCTIONS FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO THESE RECORDS.
(R300) S. 614 -- Senator McConnell: AN ACT TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
(R301) S. 688 -- Senator Greg Smith: AN ACT TO AMEND SECTION 50-13-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.
(R302) S. 922 -- Senator Wilson: AN ACT TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.
(R303) S. 991 -- Senator Saleeby: AN ACT TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION, AND TO ADD LANGUAGE TO THE DEFINITION OF "FALSE STATEMENT AND MISREPRESENTATION"; TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION"; AND TO AMEND SECTION 38-55-580, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND IMMUNITY FROM LIABILITY ARISING OUT OF PROVIDING INFORMATION CONCERNING FALSE STATEMENTS OR MISREPRESENTATIONS TO AN AUTHORIZED AGENCY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IN ADDITION TO THE IMMUNITY GRANTED IN THIS SECTION, PERSONS IDENTIFIED AS DESIGNATED EMPLOYEES WHOSE RESPONSIBILITIES INCLUDE THE INVESTIGATION AND DISPOSITION OF CLAIMS RELATING TO SUSPECTED FRAUDULENT INSURANCE ACTS MAY SHARE INFORMATION RELATING TO PERSONS SUSPECTED OF COMMITTING FRAUDULENT INSURANCE ACTS WITH OTHER DESIGNATED EMPLOYEES EMPLOYED BY THE SAME OR OTHER INSURERS WHOSE RESPONSIBILITIES INCLUDE THE INVESTIGATION AND DISPOSITION OF CLAIMS RELATING TO FRAUDULENT INSURANCE ACTS UNDER CERTAIN CONDITIONS.
(R304) S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.
(R305) S. 1016 -- Senator Martin: AN ACT TO AMEND SECTION 16-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.
(R306) S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
(R307) S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY FROM CIVIL LIABILITY FOR DISCLOSURE OF CERTAIN INFORMATION REGARDING A CURRENT OR FORMER EMPLOYEE TO A PERSPECTIVE EMPLOYER OF THAT EMPLOYEE AND TO PROVIDE EXCEPTIONS.
(R308) S. 1072 -- Senators Matthews, Washington, Ford and Glover: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.
(R309) S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: AN ACT TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO ADD CALHOUN AND COLLETON COUNTIES TO THE LIST OF COUNTIES WHERE THE AUTHORITY HAS THE POWER TO ACQUIRE, OR PURCHASE, IF REQUESTED TO DO SO, OR TO CONSTRUCT, OPERATE, AND MAINTAIN ALL STRUCTURES AND FACILITIES NECESSARY, USEFUL, OR CUSTOMARILY USED AND EMPLOYED IN THE TREATMENT AND DISTRIBUTION OF WATER FOR INDUSTRIAL, COMMERCIAL, DOMESTIC, OR AGRICULTURAL PURPOSES, AND TO ADD CALHOUN AND COLLETON COUNTIES TO THE LIST OF COUNTIES WHERE THE AUTHORITY HAS THE POWER TO ACQUIRE, TREAT, TRANSMIT, DISTRIBUTE, AND SELL WATER AT WHOLESALE IF REQUESTED IN WRITING TO DO SO BY THE GOVERNING BODY OF ANY SPECIAL PURPOSE DISTRICT PROVIDING WATER SERVICE IN THE UNINCORPORATED AREAS OF EACH COUNTY, OR BY THE GOVERNING BODY OF EACH COUNTY FOR THOSE UNINCORPORATED AREAS NOT SO PROVIDED WATER SERVICE BY A SPECIAL PURPOSE DISTRICT, AND TO PROVIDE THAT THE AUTHORITY MAY NOT TRANSFER WATER FROM ONE RIVER BASIN TO ANOTHER EXCEPT FOR THOSE LOCATED IN THE SPECIFIED COUNTIES.
(R310) S. 1079 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE AND TO PROVIDE FOR APPEALS IN THESE CASES; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.
(R311) S. 1082 -- Senators Drummond and Giese: AN ACT TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.
(R312) S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.
(R313) S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: AN ACT TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.
(R314) S. 1190 -- Senator Passailaigue: A JOINT RESOLUTION TO EXTEND THE TIME FOR THE CITY OF CHARLESTON TO REPAY THE REMAINING BALANCE DUE THE STATE IN REGARD TO A LOAN OF SIX HUNDRED THOUSAND DOLLARS MADE PURSUANT TO THE PROVISIONS OF JOINT RESOLUTION 586 OF 1994, TO PROVIDE THAT ALL PAYMENTS MUST BE DEDUCTED DIRECTLY FROM THE AID TO SUBDIVISIONS ALLOCATION TO THE CITY, AND TO PROVIDE THAT ALL OTHER CONDITIONS OF THIS LOAN CONTINUE TO APPLY.
(R315) S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R316) S. 1252 -- Senators Land and McGill: AN ACT TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
(R318) S. 1274 -- Senators Hayes, Gregory, Peeler and Short: AN ACT TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.
(R319) S. 1325 -- Senators Reese, Russell and Courtney: AN ACT TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON OUTDRIVE OR INBOARD MOTORS FROM ONE HUNDRED EIGHTY TO ONE HUNDRED NINETY HORSEPOWER.
(R320) S. 1328 -- Agriculture and Natural Resources Committee: AN ACT TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R321) S. 1350 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 159 OF 1995, RELATING TO DEVOLVING 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, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 159 OF 1995 DO NOT APPLY TO A SPECIAL PURPOSE DISTRICT.
(R322) S. 1367 -- Senator Lander: AN ACT 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.
(R323) H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: AN ACT 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.
(R324) H. 3106 -- Rep. Shissias: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
(R325) H. 3131 -- Rep. Hodges: AN ACT TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
(R326) H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO KNOWINGLY AND INTENTIONALLY USE, SOLICIT, DIRECT, HIRE, PERSUADE, INDUCE, ENTICE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT CERTAIN CRIMES, TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.
(R327) H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: AN ACT 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.
(R328) H. 3517 -- Rep. Hodges: AN ACT TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE IMPOSITION OF CERTAIN CRIMINAL PENALTIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES.
(R329) H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: AN ACT TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ICE OR ROLLER SKATING.
(R330) H. 3557 -- Rep. Kirsh: AN ACT TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THOSE CHARITABLE ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS, AND TO PROVIDE THAT THE STATE, ITS POLITICAL SUBDIVISIONS, AND AGENCIES AND DEPARTMENTS THEREOF ARE ALSO EXEMPT FROM THIS REQUIREMENT IF THEY ARE SUBJECT TO THE DISCLOSURE PROVISIONS OF THE FREEDOM OF INFORMATION ACT, AND TO AMEND SECTION 33-56-60 RELATING TO REPORTS OF FINANCIAL ACTIVITIES BY CHARITABLE ORGANIZATIONS REQUIRED TO FILE, SO AS TO REVISE THE DATE WHEN THIS REPORT IS DUE.
(R331) H. 3742 -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-15-200, AS AMENDED, RELATING TO DISCIPLINARY ACTION BY THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
(R332) H. 3746 -- Reps. Carnell, Klauber and McAbee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
(R333) H. 3848 -- Rep. Cromer: AN ACT TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO PROVIDE THAT ASSIGNMENT OF MORTGAGE FORMS SHALL INCLUDE THE NAME OF THE MORTGAGOR AND THE NAME AND ADDRESS OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE AND MAY INCLUDE A TOLL-FREE NUMBER FOR THE ASSIGNEE IF SUCH A NUMBER IS AVAILABLE.
(R334) H. 3870 -- Rep. Walker: AN ACT TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWELVE MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
(R335) H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: AN ACT TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.
(R336) H. 3897 -- Rep. Sharpe: AN ACT TO REPEAL SECTIONS 50-17-230, 50-17-235, 50-19-2810, 50-19-2820, 50-19-2830, 50-19-2840, AND 50-19-2850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONES 6 AND 11.
(R337) H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: AN ACT 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 DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE, AMONG OTHER THINGS, THAT THE NOTICE SHALL STATE THE AMOUNT OF INCREASE, THE TYPE AND LINE OF COVERAGE, AND THE PROPOSED EFFECTIVE DATE AND SHALL ALLOW ANY INSURED OR AFFECTED PARTY TO REQUEST WITHIN FIFTEEN DAYS A PUBLIC HEARING UPON THE PROPRIETY OF THE RATE INCREASE REQUEST BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION.
(R338) H. 4064 -- Rep. Cato: AN ACT 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 COMPOSITION BY ONE BY ADDING A MANUFACTURED HOME CONTRACTOR, INSTALLER, OR REPAIRER; TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSES TO SELL MANUFACTURED HOMES, SO AS TO PROHIBIT MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS FROM ENGAGING IN THEIR TRADE WITHOUT BEING LICENSED AND TO FURTHER PROVIDE FOR SUCH LICENSURE; TO AMEND SECTION 40-29-110, AS AMENDED, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE, SO AS TO REQUIRE TRAINING FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-120, RELATING TO SECURITY REQUIREMENTS FOR LICENSEES, SO AS TO SET A BOND AMOUNT FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS AND TO FURTHER PROVIDE FOR INCREASING SUCH BOND IF VIOLATIONS OCCUR; TO AMEND SECTION 40-29-130, RELATING TO INDEMNIFICATION REQUIREMENTS FROM SECURITY, SO AS TO INCLUDE PROVISIONS RELATIVE TO MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-150, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSES, SO AS TO INCLUDE PROVISIONS RELATIVE TO MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO AMEND SECTION 40-29-160, AS AMENDED, RELATING TO PENALTIES FOR SELLING MANUFACTURED HOMES WITHOUT A LICENSE, SO AS TO EXPAND ACTIVITIES SUBJECT TO PENALTIES TO INCLUDE ENGAGING IN ANY ACTIVITY REQUIRING A LICENSE WITHOUT HAVING A LICENSE; TO AMEND SECTION 40-29-170, RELATING TO WARRANTY REQUIREMENTS FOR MANUFACTURED HOMES, SO AS TO INCLUDE WARRANTY PROVISIONS FOR MANUFACTURED HOME CONTRACTORS, INSTALLERS, AND REPAIRERS; TO ADD SECTION 57-3-175 SO AS TO REQUIRE MOVING A NEW MOBILE HOME ON HIGHWAYS TEN MILES BELOW THE POSTED SPEED LIMIT; 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 MANUFACTURED HOMES AND 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 CERTAIN VIOLATIONS OF CHAPTER 29, TITLE 40.
(R339) H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 147 SO AS TO ENACT THE HIGHER EDUCATION REVENUE BOND ACT WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITIONS UNDER WHICH RESEARCH AND FOUR-YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION MAY ISSUE CERTAIN REVENUE BONDS; AND TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE AUTHORIZATION TO ISSUE SPECIAL OBLIGATION BONDS FOR ATHLETIC FACILITIES AT THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO REVISE CERTAIN DEFINITIONS IN REGARD THERETO INCLUDING THE TERMS "ATHLETIC FACILITIES" AND "IMPROVEMENTS", TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH BONDS MAY BE ISSUED, TO PERMIT THE ESTABLISHMENT OF A BOND RESERVE FUND RATHER THAN REQUIRE ITS ESTABLISHMENT, TO FURTHER PROVIDE FOR THE TYPES OF TAXES AND FEES FROM WHICH THESE BONDS AND THE INTEREST THEREON ARE EXEMPT, AND TO REVISE CERTAIN TERMS AND CONDITIONS IN REGARD TO THE ISSUANCE OF THESE BONDS.
(R340) H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER FOR HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.
(R341) H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.
(R342) H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: AN ACT TO AMEND SECTIONS 23-28-20 AND 23-28-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS AND THEIR POWERS AND DUTIES, SO AS TO REQUIRE AN AUXILIARY AND A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER OR A DEPUTY SHERIFF UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED, AND TO REQUIRE A CHIEF TO OBTAIN APPROVAL FROM CERTAIN OFFICIALS TO APPOINT RESERVE POLICE OFFICERS.
(R343) H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.
(R344) H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.
(R345) H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING A COMMITTEE COMPOSED OF COUNTY LEGISLATIVE DELEGATION MEMBERS AND SCHOOL BOARD MEMBERS TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE COMMITTEE TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 ADVISORY REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
(R346) H. 4493 -- Rep. McTeer: AN ACT TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.
(R347) H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R348) H. 4611 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY STUDENTS OF INDIAN LAND ELEMENTARY SCHOOL AND INDIAN LAND HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO FLOODING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R349) H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R350) H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: AN ACT TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.
(R351) H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
(R352) H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R353) H. 4754 -- Reps. Townsend and Cooper: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND DELETE A PROVISION CONCERNING THE ANNEXATION OF AREA TO THE CITY OF ANDERSON.
(R354) H. 4790 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.
(R355) H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R356) H. 4822 -- Reps. Robinson and H. Brown: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE AND TAXATION TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION JOINT ENDEAVOR, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.
(R357) H. 4899 -- Reps. Walker, Allison, Lanford, Wells, Littlejohn and Lee: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R358) H. 4958 -- Reps. Spearman and Clyburn: AN ACT 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.
At 1:25 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:35 P.M.
The Senate reassembled at 2:37 P.M. and was called to order by the PRESIDENT.
At 2:45 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.
At 2:51 P.M., the Senate resumed.
The following was introduced:
S. 1405 -- Senator Wilson: A SENATE RESOLUTION CONGRATULATING BERTHA D. TAYLOR ON HER GRADUATION FROM COLUMBIA COLLEGE.
The Senate Resolution was adopted.
S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Senator SALEEBY 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 SALEEBY proposed the following amendment (163R002.EES), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 7 through 13 and inserting in lieu thereof the following:
/The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes involving the environment, including, but not limited to, offenses specified in Titles 13, 44, and 48, and crimes involving insurance fraud, including but not limited to those offenses specified in Article 5, Chapter 55, Title 38, a common law crime arising out of or in connection with environmental laws or insurance fraud, or attempting, aiding, abetting, soliciting, or conspiring to commit a crime involving the environment or insurance fraud./
Amend the bill further, as and if amended, page 2, by striking line 17 and inserting in lieu thereof the following:
/corruption, environmental offenses, or insurance fraud, and that the mechanism for /
Amend the bill further, as and if amended, page 2, by striking line 24 and inserting in lieu thereof the following:
/election laws, environmental offenses, and insurance fraud. /
Amend the bill further, as and if amended, page 2, by striking lines 33 through 39 and inserting the following:
/"(C) 'Environmental offenses' are those concerning the water, ambient air, soil or land, or both soil and land, including, but not limited to, violations of the State Safe Drinking Water Act, the Pollution Control Act, the Infectious Waste Management Act, the Hazardous Waste Management Act, the Solid Waste Policy and Management Act, the State Underground Petroleum Response Act, and the Atomic Energy Response Act.
(D) 'Insurance fraud' includes those offenses which involve fraud in an insurance transaction including, but not limited to, those offenses specified in Article 5, Chapter 55, Title 38, the Omnibus Insurance Fraud and Reporting Immunity Act."/
Amend the bill further, as and if amended, page 3, by striking lines 1 through 10, and inserting the following:
/"(A) The jurisdiction of a state grand jury impaneled under this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:
(1) crimes involving narcotics, dangerous drugs, or controlled substances, or any crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances, including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, and crimes involving obscenity or any attempt, aiding, abetting, solicitation, or conspiracy to commit any of the aforementioned crimes if the crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State; and
(2) any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, any crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit any crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615; and
(3) crimes involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or any common law crimes involving the election laws where not superseded, or any crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws.;
(4) crimes involving the waters, ambient air, soil or land, or both soil and land, including, but not limited to, the State Safe Drinking Water Act, the Pollution Control Act, the Infectious Waste Management Act, the Hazardous Waste Management Act, the Solid Waste Policy and Management Act, the State Underground Petroleum Response Act, and the Atomic Energy Response Act or any common law crimes involving environmental laws not superseded or any crime arising out of or in connection with environmental law, or attempting, aiding, abetting, soliciting, or conspiring to commit a crime involving the environment; and
(5) insurance fraud which includes those offenses which involve fraud in an insurance transaction including, but not limited to, those offenses specified in Article 5, Chapter 55, Title 38, the Omnibus Insurance Fraud and Reporting Immunity Act."/
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 1365 -- Senators Land, Saleeby, Leatherman and Rankin: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.
H. 4600 -- GENERAL APPROPRIATION BILL
The Senate resumed consideration of the Bill. The question being the third reading of the Bill.
Senator J. VERNE SMITH proposed the following Amendment No. 65 (SBD\97.014), which was adopted:
Amend the bill, as and if amended, Part IB, Section 18M, Medical University of South Carolina, page 506, Proviso 18M.5, line 9 by striking lines 9 through 18 and inserting the following:
18M.5. (MUSC: AHEC Rural Physicians Recruitment Program) The funds appropriated to the Medical University of South Carolina for the "rural physician program" shall be administered by the SC AHEC Physician recruitment office. The Medical University of South Carolina shall be responsible for the fiscal management of funds to ensure that state policies and guidelines are adhered to. A legislatively appointed Board is hereby created to manage and allocate these funds in the best interests of the citizens of South Carolina. The Board will be composed of the following: The Executive Director, or his designee, of the USC School of Medicine; the Executive Director, or his designee, of the S.C. Medical Association; two representatives from rural health care settings, one to be appointed by the Chairman of the Senate Medical Affairs Committee and one to be appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee; the Commissioner, or his designee, of the Department of Health and Environmental Control; the Executive Director, or his designee, of the S.C. Hospital Association; the Commissioner, or his designee, of the Commission on Higher Education; and the Commissioner, or his designee, of the Department of Health and Human Services. The Chairman, with the concurrence of the Board, shall appoint 3 at-large members with 2 representing nursing and 1 representing allied health services in South Carolina.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator MESCHER, at 3:00 P.M., Senator ROSE was granted a leave of absence for the balance of the day.
Senator LAND proposed the following Amendment No. 35 (JIC\5934HTC.96), which was adopted:
Amend the bill, as and if amended, Part 1B, SECTION 34, Department of Public Safety, page 540, by adding an appropriately numbered paragraph at the end to read:
/34.___ (DPS: Transfer of Funds) Of amounts appropriated for the Department of Public Safety, an amount equal to one hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety Education Program./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 55 (JIC\5940HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 5, page 584, by striking subsections B and C on lines 35 through 42 and inserting:
/B. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 56 (JIC\5942HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 5, page 584, by striking lines 31 through 42 and inserting:
/levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be deposited to the credit of the general fund of the State a separate fund styled the 'New Highway Construction Trust Fund', proceeds of which must be used as state matching funds to obtain federal matching funds for new highway construction and also directly for new highway construction."
B. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 57 (JIC\5943HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 5, page 584, by striking lines 35 through 42 and inserting:
/B. This section takes effect January 1, 1997./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 58 (JIC\5944HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 5, page 584, by striking lines 31 through 42 and inserting:
/levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be deposited to the credit of the general fund of the State a separate fund styled the 'New Highway Construction Trust Fund', proceeds of which must be used as state matching funds to obtain federal matching funds for new highway construction and also directly for new highway construction."
B. This section takes effect January 1, 1997./
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator DRUMMOND, with unanimous consent, was granted leave to address brief remarks to the body.
Senator CORK proposed the following Amendment No. 37A (4600R541.HAC), which was adopted:
Amend the bill, as and if amended, Part II, Section 8, page(s) 586-587, by striking line(s) 21 on page 586 through 41 on page 587, subsections C and D, in their entirety and inserting in lieu thereof the following:
/"C. Section 61-9-312 of the 1976 Code, as amended by Section 75A, Part II, Act 145 of 1995, is further amended to read:
"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.
(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.
(C) (1) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(e) nourishment, renourishment (resanding) and maintenance of beaches;
(f) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(g) maintenance of public beach access;
(h) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(i) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings."
D. Section 61-5-180 of the 1976 Code, as last amended by Section 1584 of Act 181 of 1993, is further amended to read:
"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
(B) (1) The permit fees must be credited to the general fund of the State distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may only be used by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals which have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;
(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding) and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings. The department in its sole discretion shall specify the terms and conditions of the permit.
(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
A referendum for this purpose may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."/
Amend sections, totals and title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
The amendment was adopted.
Senator RANKIN proposed the following Amendment No. 79 (4600R209.LAR), which was adopted:
Amend the bill, as and if amended, Part II, Section 8, page 588, by striking lines 1 through 2 and inserting:
/E. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of three years beginning July 1, 1996 must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.
F. Subsection C of this section takes effect July 1, 1996 and subsection D of this section takes effect July 1, 1997, except as provided in subsection E. The remaining subsections of this section are effective for property tax years beginning after 1996./
Amend sections, totals and title to conform.
Senator RANKIN explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 62A (JUD4600.002), which was adopted:
Amend the bill, as and if amended, Part II, Section 28, page 607, line 1, by striking lines 1 through 33 and inserting:
/F. Section 33-56-50 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-50. The following are not required to file registration statements with the Secretary of State Attorney General, provided none of its fund-raising activities are carried on by professional solicitors:
(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;
(3) charitable organizations which (a) do not intend to solicit nor receive contributions from the public in excess of five twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year and (b) have received letters of tax exemption from the Internal Revenue Service, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five twenty thousand dollars or are received from more than ten people, within thirty days after the date the contributions exceed five twenty thousand dollars or the number of contributors exceeds ten, it must register with and report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members, including utility cooperatives; and
(5) any veteran's organization which has a congressional charter.; and
(6) the State, its political subdivisions, and any agencies or departments thereof which are subject to the disclosure provisions of the Freedom of Information Act.
Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the secretary Attorney General on forms to be prescribed by the secretary Attorney General, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the secretary Attorney General or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization."
G. Section 33-56-60(A) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Secretary of State Attorney General, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Secretary of State Attorney General. The report must cover the preceding fiscal year and must be filed within two four and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the secretary Attorney General./
Amend sections, totals and title to conform.
Senator BRYAN explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 2A (4600R526.ELP), which was tabled:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/ SECTION ___.
TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12 OF THE 1976 CODE, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN AN AMOUNT EQUAL TO THE INCREASE IN THE COST OF LIVING SINCE THE LAST REASSESSMENT DATE, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED THE PROPERTY MAY BE ASSESSED AT THE FAIR MARKET VALUE, TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY OWNED BY PERSONS ELIGIBLE FOR THE HOMESTEAD EXEMPTION MUST NOT INCREASE AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, AND TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY THAT HAS BEEN OWNED AND OCCUPIED BY THE SAME OWNER OR THE OWNER'S SPOUSE CONTINUOUSLY SINCE 1992 MAY NOT BE GREATER THAN ONE HUNDRED PERCENT (100%) HIGHER THAN THE ASSESSED VALUE OF THE PROPERTY IN 1992.
A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-224. (A) For the purposes of ad valorem taxation, the assessed value of owner-occupied residential property assessed pursuant to Section 12-43-220(c) may not increase more than an amount equal to the increase in the cost of living in the situs county, as determined by the department, since the last reassessment date, as long as the property remains occupied by the same owner or by the owner's spouse. When the property is transferred, other than between spouses, the property may be assessed at the fair market value.
(B) For the purposes of ad valorem taxation, the assessed value of property owned by persons eligible for the Section 12-37-250 homestead exemption may not increase as long as the property remains occupied by the same owner or by the owner's spouse. When the property is transferred, the property may be assessed at the fair market value.
(C) If property assessed pursuant to subsection (A) of this section is permanently improved, the improvements must be assessed at the fair market value.
(D) If the property assessed pursuant to subsections (A) and (B) of this section has been owned and occupied by the same owner or the owner's spouse continuously since 1992, the assessed value may not be greater than one hundred percent (100%) higher than the assessed value of the property in 1992.
(E) Notwithstanding any other provision of law, refunds may not be paid for property tax years before the effective date of this act as a result of the limits on assessments required by this section."
B. This SECTION takes effect January 1, 1997./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Boan Bryan Courtney Drummond Hayes Jackson Land Leventis Patterson Smith, G. Smith, J.V.
Alexander Cork Courson Elliott Fair Ford Giese Glover Gregory Holland Lander Leatherman Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Rose* Russell Ryberg Saleeby Setzler Thomas Waldrep Washington Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
I voted "aye" to table because I felt this issue should stand as separate legislation.
Senators GREG SMITH and BRYAN argued contra to the adoption of the amendment.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE raised a Point of Order that the Point of Order raised by Senator LEATHERMAN was out of order inasmuch as it came too late.
Senator BRYAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senators PASSAILAIGUE and BRYAN spoke on the Point of Order raised by Senator LEATHERMAN.
The PRESIDENT overruled the Point of Order.
Senator DRUMMOND argued contra to the adoption of the amendment and Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
At 4:50 P.M., Senator THOMAS requested a leave of absence until 5:30 P.M.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Drummond Hayes Holland Jackson Land Lander Leatherman Leventis McGill Moore Rankin Ryberg Saleeby Short Smith, G. Smith, J.V. Waldrep
Courson Elliott Fair Ford Giese Glover Gregory Martin McConnell Mescher O'Dell Passailaigue Patterson Peeler Rose* Russell Setzler Washington Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
At 5:16 P.M., Senator RANKIN asked unanimous consent to make a motion that Senators McGILL, GREG SMITH, ELLIOTT and RANKIN be granted leave to attend a delegation meeting and to be counted in any quorum calls.
There was no objection.
On motion of Senator PEELER, at 5:00 P.M., Senator COURTNEY was granted a leave of absence for the balance of the day.
Senator PASSAILAIGUE proposed the following Amendment No. 3A (4600R527.ELP), which was tabled:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/ SECTION ___.
TO AMEND SECTION 12-37-251 OF THE 1976 CODE, RELATING TO HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR SCHOOL OPERATIONS OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS AND LEASE PURCHASE PAYMENTS FOR CAPITAL CONSTRUCTION, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL DETERMINE THE AMOUNT EACH COUNTY IS ENTITLED TO IN REIMBURSEMENT FOR TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED IN THIS SECTION AND DETERMINE THE PROPORTION OF THE PROPERTY TAX RELIEF FUND EACH COUNTY MUST RECEIVE AS REIMBURSEMENT AND THE AMOUNT OF THE EXEMPTION IN EACH COUNTY USING A FORMULA BASED ON THE PROPORTION OF THE AMOUNT REMITTED TO THE STATE AND CREDITED TO THE GENERAL FUND IN THE PREVIOUS FISCAL YEAR BY THE RESIDENTS OF THE COUNTY IN PERSONAL INCOME TAX; BY ENTITIES, LOCATED IN THE COUNTY IN CORPORATE AND ORGANIZATION INCOME TAX; BY ENTITIES, LOCATED IN THE COUNTY, IN ACCOMMODATIONS TAX; BY ENTITIES, LICENSED IN THE COUNTY, IN ADMISSIONS TAX; AND AS A RESULT OF SALES, OCCURRING IN THE COUNTY, IN SALES TAX.
A. Section 12-37-251, as added by Act No. 145 of 1995, Part II, Section 119B, of the 1976 Code is further amended to read:
"Section 12-37-251. (A) Property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than bonded indebtedness and payments pursuant to lease-purchase agreements for capital construction. The exemption applies against millage imposed for school operations and the amount of fair market value of the homestead that is exempt from such millage must be set by the Director of the Department of Revenue and Taxation based on the amount available in the State Property Tax Relief Fund and the formula provided for in subsection (D).
(B) Taxing entities Each county must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except to the extent reimbursement is provided for in subsection (D) and except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year.
(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the "index of taxpaying ability" pursuant to Section 59-20-20(3).
(D) [Blank] Each fiscal year, the department shall determine the amount each county is entitled to in reimbursement for taxes not collected because of the exemption provided in this section. The department shall determine, to the extent possible, the proportion of the Property Tax Relief Fund each county must receive as reimbursement and the amount of the exemption in each county using a formula based on the proportion of the amount remitted to the State and credited to the General Fund in the previous fiscal year:
(1) by the residents of the county pursuant to Sections 12-6-510, relating to personal income tax;
(2) by entities, located in the county, pursuant to Sections 12-6-530 and 12-6-540, relating to corporate and organization income tax;
(3) by entities, located in the county, pursuant to Section 12-36-920, relating to accommodations tax.
(4) by entities, licensed in the county, pursuant to Section 12-21-2420, relating to admissions tax; and
(5) as a result of sales, occurring in the county, pursuant to Section 12-36-910, relating to sales tax.
(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment.
(F) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption in the next fiscal year."
B. This SECTION takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
At 5:35 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE continued explaining the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Drummond Glover Gregory Hayes Holland Jackson Land Lander Leatherman Matthews McGill Moore Patterson Peeler Reese Russell Ryberg Saleeby Setzler Short Smith, G. Waldrep Washington Wilson
Boan Bryan Cork Courson Elliott Fair Ford Giese Martin McConnell Mescher O'Dell Passailaigue Rankin Rose* Smith, J.V.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senators PEELER and PASSAILAIGUE proposed the following Amendment No. 5C (4600R544.HSP), which was adopted:
Amend the bill, as and if amended, Part VI, after line 20, by adding an appropriately numbered new section to read:
TO ESTABLISH A PERFORMANCE AUDIT STEERING COMMITTEE; TO PROVIDE FOR APPOINTMENT OF MEMBERS; AND TO PROVIDE FOR THE DUTIES OF AND FUNDING FOR THE COMMITTEE.
A. There is established effective July 1, 1996, the Performance Audit Steering Committee consisting of nine members. The Speaker of the House and President of the Senate each shall appoint two members, and each must appoint one from the private sector. The Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee each shall appoint two members, and each must appoint one from the private sector. The Governor shall appoint an additional member to serve as chairman of the committee. Members serve for the duration of the existence of the committee and vacancies must be filled in the manner of original appointment. Members receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The committee shall elect officers as it considers necessary. The committee terminates on December 31, 1997. B. The Performance Audit Steering Committee shall retain independent contractors to conduct a performance audit in all aspects of state government. The performance audit must focus on:
(1) determination of duplicate programs and services and recommending those which should be eliminated;
(2) recommendations for streamlining of programs, policies, and procedures;
(3) evaluation of instances where out-of-date technologies detract from efficient program performance;
(4) recommendations for reallocating resources for increased effectiveness in the employment of governmental revenues.
C. The committee shall supervise and coordinate the work of the contractor and produce an audit report which must be submitted to the General Assembly and the Governor no later than the committee's termination date. The committee shall utilize the staff of the House and the Senate as directed by the Speaker of the House and the President Pro Tempore.
D. There is created the "Taxpayer's Dividend From Good Government Fund." Any demonstrated savings resulting from the decrease of appropriations or expenditures which occur as a result of the implementation of the recommendations in the report must be placed in the fund. The General Assembly shall determine the amount of savings. Each fiscal year, the General Assembly shall appropriate the amount saved as a direct result of the performance audit of state government activities in the immediately previous fiscal year.
E. Every state agency that receives state appropriations is subject to this section, except that a state agency which is subject to a performance audit mandated by an act of the General Assembly is not subject to the provisions of this section as long as the audit is substantially similar in nature to the audit prescribed by this section and the audit report is to be completed between 1996 and 1998. Each agency must cooperate fully with the committee and comply with reasonable requests for information necessary to complete the audit. Any statute, policy, or regulation requiring an agency to maintain confidential records does not bar the committee from access to any information maintained by the agency but the committee, its staff, and contractor may not disseminate any information in violation of a state or federal statute.
F. The amount appropriated by the General Assembly for the Performance Audit must transferred to and placed in an account titled "Statewide Performance Audit" and held by the Comptroller General to be used exclusively for and expended upon the direction of the Performance Audit Steering Committee./
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator PASSAILAIGUE proposed the following Amendment No. 6B (4600R539.ELP), which was adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
TO AMEND SECTION 17-5-220 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND FUNCTIONS OF MEDICAL EXAMINER COMMISSIONS IN CERTAIN COUNTIES, SO AS TO CLARIFY THAT CREATION OF A MEDICAL EXAMINERS COMMISSION IS PERMISSIVE AND NOT MANDATORY.
A. Section 17-5-220 of the 1976 Code is amended to read:
"There is created in all counties of the State having A county with a population of one hundred thousand or more, according to the last official United States census, may establish by appropriate implementing resolution, a commission to be known as the medical examiner commission of that county, composed of five members, one of whom must be the chief administrative officer of the county health department who is a permanent member, and four of whom must be appointed by the Governor upon recommendation of the county legislative delegation. The initial terms of the appointive members are as follows: one member for a term of one year, one member for a term of two years, one member for a term of three years, and one member for a term of four years. After the initial terms, all members shall serve for terms of four years. The effective date of appointments is July first with terms expiring on June thirtieth. The members shall serve without compensation. The length of the terms of those who serve first must be determined by lot at the first meeting of the commission.
The commission shall meet as soon as practicable after appointment and shall organize itself by electing one of its members as chairman and other officers as may be considered necessary. After this first meeting, the commission shall meet at least every six months and more often as its duties require upon the call of the chairman or a majority of its members.
The commission is authorized to adopt and promulgate regulations as it may consider necessary.
The creation of a medical examiner commission provided for in this section is not effective until the county governing body enacts an appropriate implementing resolution."
B. A commission member in office as of the effective date of this SECTION is allowed to continue serving until his current term expires. As of the effective date of this SECTION, a vacancy caused by an expiration of a term or otherwise must be filled as prescribed by the SECTION.
C. This SECTION takes effect upon approval by the Governor./
Amend sections, totals and 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. 7B (4600R531.ELP), which was tabled:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/ SECTION ___.
TO AMEND SECTION 51-13-820 OF THE 1976, RELATING TO RECEIPTS AND EXPENDITURES OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT FUNDS CONTRIBUTED TO THE AUTHORITY BY PRIVATE ENTITIES MUST BE DEPOSITED IN A SEGREGATED ACCOUNT AND INTEREST EARNINGS ON THIS ACCOUNT MUST BE CREDITED TO THE AUTHORITY AND TO PROVIDE THAT THE STATE TREASURER SHALL ESTABLISH A TRUST FUND CONTAINING REVENUE DERIVED FROM THE AUTHORITY'S ATHLETIC COMPLEX.
A. Section 51-13-820 of the 1976 Code is amended to read:
"All funds Funds of the Authority shall must be deposited in a bank or banks to be designated by the State Treasurer. Funds of the Authority shall may be paid out only upon warrants signed by the director of the Authority and countersigned by the chairman or the acting chairman. No warrants Warrants shall may not be drawn or issued disbursing any of the funds of the Authority except for a purpose authorized by this article and only when the account or expenditure for which they are to be given in payment has been audited and approved by the Authority. The Authority may accept contributions of money or property from all persons for the construction, equipping and operation of its facilities and improvements in the areas within its jurisdiction; and may receive such State, Federal, or other grants or appropriations as may be made to it from time to time. Funds contributed to the Authority by private entities must be deposited in a segregated account and interest earnings on this account must be credited to the Authority.
The State Treasurer shall establish a trust fund containing revenue derived from the Authority's athletic complex. The funds must be deposited in a segregated account. Interest earnings on this account must be credited to the Authority to be used exclusively for long-term preservation of National Naval Museum ships.
B. This SECTION is effective upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator PASSAILAIGUE proposed the following Amendment No. 8 (4600R532.ELP), which was adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/ SECTION
TO AMEND SECTION 12-37-220 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION SO AS TO PROVIDE THAT THE EXEMPTION FOR ONE ACRE OF LAND OWNED IN FEE OR FOR LIFE BY A PARAPLEGIC OR HEMIPLEGIC PERSON SHALL ALSO APPLY TO PROPERTY WHICH IS HELD IN TRUST IN WHICH THE PERSON HAS A LIFE INTEREST.
A. Section 12-37-220(B)(2) of the 1976 Code is amended to read:
"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life or held in trust in which he has a life interest, or jointly with his or her spouse, by a paraplegic or hemiplegic person, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue and Taxation. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling or an interest for life in a trust if the property is held in trust. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain."
B. This section is effective for tax years beginning after 1995./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
At 6:05 P.M., Senator PATTERSON assumed the Chair.
Senator PASSAILAIGUE proposed the following Amendment No. 9A (4600R525.ELP), which was not adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/ SECTION ___.
TO AMEND SECTION 12-43-300 OF THE 1976 CODE, RELATING TO WRITTEN TAX NOTICES OF INCREASE, SO AS TO PROVIDE THAT WHEN A REASSESSMENT IS MADE BY ASSESSOR'S OFFICE AND NOT APPEALED BY THE TAXPAYER, THE ASSESSOR MUST NOT INCREASE THE VALUE OF THE TAXPAYER'S PROPERTY UNTIL THE NEXT REASSESSMENT DATE UNLESS THE TAXPAYER MAKES PHYSICAL IMPROVEMENTS AFTER THE ASSESSMENT DATE.
A. Section 12-43-300 of the 1976 Code is amended by adding at the end:
"(D) Notwithstanding any other provision of law, when a reassessment is made by assessor's office and not appealed by the taxpayer, the assessor must not increase the value of the taxpayer's property until the next reassessment date unless the taxpayer makes physical improvements after the assessment date."
B. This SECTION applies to assessments made on or after December 31, 1991. A taxpayer who has paid a tax which is inconsistent with the provisions of this SECTION is entitled to a refund with interest, including any penalties paid, if the application for a refund is made within one year after the effective date of this section./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEATHERMAN withdrew the Point of Order.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Giese Glover Hayes Holland Land Lander Leatherman Matthews McGill Moore Patterson Saleeby Smith, G. Smith, J.V. Washington
Alexander Cork Courson Elliott Fair Ford Gregory Martin McConnell Mescher O'Dell Passailaigue Peeler Reese Rose* Russell* Ryberg Setzler Short Thomas Waldrep Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator J. VERNE SMITH spoke on the amendment.
Senator PASSAILAIGUE spoke on the amendment.
The amendment was not adopted.
I wish the Journal to reflect that after hearing the discussion on and explanation of Amendment No. 9A, I voted in favor of the adoption of the amendment.
At 6:25 P.M., Senator O'DELL requested a leave of absence until 12:00 Noon, Wednesday, May 1, 1996.
Senator PASSAILAIGUE proposed the following Amendment No. 15A (4600R536.ELP), which was adopted:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section at the end to read:
/ SECTION ___.
TO AMEND SECTION 12-43-220 OF THE 1976 CODE, RELATING TO THE RATIO OF ASSESSMENT TO VALUE OF PROPERTY, SO AS TO PROVIDE THAT IN ORDER TO QUALIFY FOR THE FOUR PERCENT RATIO A TAXPAYER MUST HAVE BEEN A LEGAL RESIDENT AND DOMICILED IN THE PROPERTY.
A. The second paragraph of Section 12-43-220(c) of the 1976 Code, as added by Act No. 145, Part II, Section 119G of 1995, is further amended to read:
"To qualify for this special assessment ratio, the owner-occupant must have actually occupied the residence property as his legal residence and been domiciled at that address, prior to the date of application, for some period during the tax year and remain an owner-occupant in that status at the time of application."
B. This SECTION takes effect upon approval by the Governor and applies with respect to property tax years beginning after 1996./
Renumber sections to conform.
Amend title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 27 (JIC\5921HTC.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO DESIGNATE SECTION 19H, PART II, OF ACT 164 OF 1993, AS SECTION 12-21-2808 OF THE 1976 CODE WHICH RELATES TO SUBSEQUENT REFERENDUMS IN COUNTIES ON ALLOWING PAYOUTS FOR CREDITS EARNED ON COIN-OPERATED VIDEO MACHINES AFTER THE REFERENDUM HELD IN 1994, SO AS TO PROVIDE THAT SUCH SUBSEQUENT REFERENDUMS MAY BE HELD BEGINNING WITH THE 1996 GENERAL ELECTION RATHER THAN WITH THE 1998 GENERAL ELECTION.
A. Section 19H, Part II, Act 164 of 1993, is designated as Section 12-21-2808 of the 1976 Code.
B. Section 12-21-2808 of the 1976 Code is amended to read:
"Section 12-21-2808. In addition to the referendum to be held at the 1994 general election, counties are authorized to hold a referendum to determine whether or not cash payoffs provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be authorized. The counties are authorized to hold such a referendum in the manner provided in this section except that no such referendum may be held until the 1998 1996 general election and may also be held in subsequent general elections as provided herein.
(1) The referendum must be held:
(a) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(b) upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.
(2) In any county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices at the time of the referendum provided for in this section, the question put before the voters shall read as follows:
'Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?'
(3) In any county in which, at the time of the referendum provided for in this section, cash payoffs as provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put before the voters shall read as follows:
'Shall cash payoffs for credits earned on coin-operated video game machines be allowed and subject to licensure and regulation by the State of South Carolina?'
(4) If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within the county after July first of the year following the referendum.
(5) If the results of the referendum provided for in this section are to authorize cash payoffs relating to coin-operated devices, Section 16-19-60 shall apply within such county after January first of the year following the referendum.
(6) The state election laws apply to the referendum provided in this section, mutatis mutandis.
(7) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, in a referendum as authorized in this section, the Tax Commission Department of Revenue and Taxation shall refund to any person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July first of the year after the referendum."/
Amend sections, totals and title to conform.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE, McCONNELL, LAND and FAIR spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators PASSAILAIGUE and WILSON proposed the following Amendment No. 31A (4600R538.ELP), which was tabled:
Amend the bill, as and if amended, Part II, page 662, by adding an appropriately numbered new section to read:
/ SECTION ___.
TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11, OF THE 1976 CODE, BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
A. Article 1, Chapter 9 of Title 11 is amended by adding:
"Section 11-9-140. (A) A state agency may contract to sell commercial advertising space in locations such as its publications, buildings, facilities, and on its vehicles, in exchange for cash payment. All money received pursuant to a contract entered into under this section must be deposited to the credit of the advertising contract fund, which is hereby created in the state treasury. Of the money credited to the fund, the state agency or instrumentality that contracted to sell the advertising space must be given forty percent of the revenues generated from the selling of space and reimbursed for expenses incurred. The money not given to the agency or instrumentality must be transferred to the general revenue fund.
(B) An advertisement displayed in advertising space sold under this section must meet the following restrictions:
(1) it must not promote or oppose any political candidate, issue, or organization;
(2) it must not be libelous and must not promote alcohol or tobacco or any illegal product or service;
(3) it must be tasteful, inoffensive, and not pornographic and must maintain the dignity, decorum, and aesthetics of the place where the advertisement appears;
(4) it must not promote discrimination on the basis of the race, color, religion, national origin, handicap, age, sex, or ancestry of any person;
(5) it must comply with any controlling federal or state regulations or restrictions, and any applicable local zoning or outdoor graphics regulations;
(6) it must clearly indicate the advertiser's identity and state that the advertiser is not the State or any state agency or instrumentality; and
(7) it must clearly indicate that the State does not endorse the product or service promoted by the advertisement and makes no representations about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement.
(C) Contracts entered into under this section must be awarded only by competitive bidding and to the highest bidder. Such a contract may be entered into only if there is a reasonable anticipation that the contract will produce a profit for the State or the contracting state agency or instrumentality. A state agency may not publish any document, construct any building or facility, or purchase any vehicle for the purpose of displaying advertisements if the publication, construction, or purchase is unnecessary to the ordinary conduct of its official duties. A state agency or instrumentality may not erect any freestanding outdoor billboard or sign pursuant to this section, except that to the extent allowed by federal law the Department of Transportation may erect at each roadside rest area under its control not more than three freestanding outdoor signs, each having a surface area for advertising space not exceeding forty square feet.
(D) A state agency may not artificially inflate expenses in connection with any contract entered into under this section.
(E) No person has a cause of action against the State or any state agency because of the content of or any representation made in an advertisement authorized by a contract entered into under this section.
(F) Upon the filing of a written objection by any individual that an advertisement placed pursuant to this section violates the restrictions on advertisements set forth, the board of the respective agency shall make a determination regarding the alleged violation. If the board determines that the advertisement violates the restrictions, it must notify the state agency that sold the advertising space of the violation. The agency or instrumentality shall then take appropriate steps to promptly correct the violation.
(G) Not later than the thirty-first day of January of each year, the board of each agency selling advertising space shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives describing the opportunities for and results of sales of commercial advertising space by that agency.
(H) The institutions of higher education and the South Carolina Department of Parks, Recreation and Tourism are exempt from the provisions of this section.
(I) Advertising is not permitted in or on the State House, the State House grounds, the office buildings located on those grounds, or the area designated as the capitol complex."
B. This act takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE desired to be recorded as voting against the motion to table the amendment.
Senator ROSE desired to be recorded as voting in against the motion to table the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 6:30 P.M., the PRESIDENT assumed the Chair.
Senator SHORT proposed the following Amendment No. 39 (4600R304.LHS), which was adopted:
Amend the report, as and if amended, Part II, by adding a new SECTION to read:
TO AMEND SECTION 14-1-208, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISBURSEMENT OF MUNICIPAL COURT ASSESSMENTS FOR COMPLEX CRIMINAL LITIGATION TO REDUCE THE THRESHOLD EXPENDITURE OF A COUNTY BEFORE IT IS ELIGIBLE FOR REIMBURSEMENT FROM TWO HUNDRED FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
A. Section 14-1-208(C)(8) of the 1976 Code is amended to read:
" (8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, "complex criminal litigation" means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty one hundred thousand dollars for a particular case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a "first received, first paid" basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."
B. This section takes effect upon approval of the Governor./
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
Senators FAIR and HOLLAND proposed the following Amendment No. 42 (PFM\9325AC.96).
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT took the Point of Order under advisement.
Amendment No. 42 was later withdrawn.
Senator ALEXANDER proposed the following Amendment No. 63 (JIC\5928HTC.96), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW PARTICIPATION BY A RESIDENTIAL GROUP CARE FACILITY PROVIDING ON-SITE TEACHING TO RESIDENTS IF THE STAFF ARE CURRENTLY ENROLLED IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND IF IT PROVIDES AT NO COST EDUCATIONAL FACILITIES ON ITS GROUNDS TO THE SCHOOL DISTRICT IN WHICH IT IS LOCATED.
Section 1-11-720(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A) In addition to the employees and retirees and their eligible dependents covered under the state health and dental insurance plans pursuant to Section 1-11-710, employees and retirees and their eligible dependents of the following entities are eligible for coverage under the state health and dental insurance plans pursuant to the requirements of subsection (B):
(1) counties;
(2) regional tourism promotion commissions funded by the Department of Parks, Recreation and Tourism;
(3) county mental retardation boards funded by the State Mental Retardation Department;
(4) regional councils of government established pursuant to Article 1, Chapter 7 of Title 6;
(5) regional transportation authorities established pursuant to Chapter 25 of Title 58;
(6) alcohol and drug abuse planning agencies designated pursuant to Section 61-5-320;
(7) special purpose districts created by act of the General Assembly that provide gas, water, sewer, recreation, or hospital service, or any combination of these services;
(8) municipalities.;
(9) county councils on aging or other governmental agencies providing aging services funded by the Office of the Governor, Division on Aging.;
(10) community action agencies that receive funding from the Community Services Block Grant Program administered by the Governor's Office, Division of Economic Opportunity.;
(11) a residential group care facility providing on-site teaching for residents if the facility's staff are currently members of the South Carolina Retirement System established pursuant to Chapter 1, Title 9 and if it provides at no cost educational facilities on its grounds to the school district in which it is located."/
Renumber section, amend title, totals to conform.
Senator ALEXANDER explained the amendment.
Senator J. VERNE SMITH spoke on the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 64 (DKA\3719CM.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 56-3-640, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES FOR COMMON CARRIER PASSENGER VEHICLES, SO AS TO REVISE CERTAIN FEES.
A. Section 56-3-640(A) of the 1976 Code, as last amended by Section 221, Part II, Act 164 of 1993, is further amended to read:
"(A) For every common carrier passenger vehicle the biennial registration and license fee is according to weight:
(1) not over 2000 pounds: $18.00;
(2) 2001 to 2500 pounds: $24.00;
(3) 2501 to 3000 pounds: $30.00;
(4) 3001 to 3500 pounds: $36.00;
(5) 3501 to 4000 pounds: $42.00;
(6) 4001 to 4500 pounds: $48.00;
(7) 4501 to 5000 6000 pounds: $54.00;
(8) over 5000 6000 pounds: $54.00 plus $6.00 for each 500 pounds'
weight or fraction over 5000 6000 pounds. "
B. This section takes effect July 1, 1996./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 66 (4600R003.DLT):
Amend the bill, as and if amended, Part II, page 662, by adding after line 34 an appropriately numbered new section to read as follows:
/ Section
TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.
A. Title 24 of the 1976 Code is amended by adding:
Section 24-27-100. Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.
The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed.
Section 24-27-110. Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.
Section 24-27-120. Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.
Section 24-27-130. The court may dismiss any civil action without prejudice brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.
Section 24-27-140. For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
Section 24-27-150. If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.
Section 24-27-200. A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case filed by him in State or Federal Court or in an administrative proceeding:
(1) submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;
(2) testifies falsely or otherwise presents false evidence or information to the court;
(3) unreasonably expands or delays a proceeding; or
(4) abuses the discovery process.
The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.
Section 24-27-210. If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good-time credits as set forth in Section 24-27-200. The Attorney General is authorized to defray the cost associated with this action from appropriations authorized for the Attorney General's use for the payment of expenses of major state litigation.
Section 24-27-220. Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good-time credits shall be forfeited.
Section 24-27-300. The court may hold an inmate in contempt of court if it finds that the inmate has, on three or more prior occasions, while incarcerated, brought a civil action or appeal in a court of this State that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of serious bodily harm at the time of the filing of the present action, the inmate shall not be held in contempt. The court may sentence the inmate to a term of imprisonment not exceeding one year for this contempt to be served consecutive to any terms of imprisonment previously imposed.
Section 24-27-400. This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts."
B. If any portion of this section is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this section. The General Assembly hereby declares that it would have passed this section, and each subsection thereof, irrespective of the fact that any one or more subsections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
C. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator HOLLAND spoke on the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator THOMAS spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
Amendment No. 66 was later withdrawn.
On motion of Senator DRUMMOND, debate was interrupted by adjournment.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charlie Cook of Myrtle Beach, S.C., a civic leader, man of compassion, activist, friend, a true "Renaissance" individual, fighter pilot, and devoted family man who will be greatly missed.
Senator DRUMMOND moved that, when the Senate adjourns, it stand adjourned to meet tomorrow at 10:30 A.M., which motion was adopted.
At 6:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:30 A.M.
This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.