Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the first of the 4 petitions in the Lord's Prayer for mankind's good is for our economic welfare. Listen, Matthew 4:11:
"Give us this day our daily bread."
Let us pray.
Almighty and ever-present Lord, we often maximize our wants, and give chief place in our lives to economic values.
Help us also, lest we be less than honest, to know that our social and economic welfare are, indeed, worthy objects of our prayers.
Help us to realize that Your good will for us involves the proper use and full enjoyment of the things of this world as stewards of Your favor.
May we not miss the fact that the prerequisite for such enjoyment is to first give to our God both REVERENCE and SUBMISSION.
So, as we pray for daily bread, may we pray that we may hallow Your Name, do Your Will, and seek to bring in Your Kingdom, through Christ our Lord.
Amen.
At 11:08 A.M., on motion of Senator COURTNEY, the Senate receded from business not to exceed fifteen minutes.
At 11:20 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
July 20, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, State Athletic Commission, with term to commence June 30, 1996, and to expire June 30, 2000:
6th Congressional District:
Mr. Luther A. Bradley, Route 4, Box 54-B, Hemingway, S.C. 29554
Referred to the General Committee.
July 21, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Athletic Commission, with term to commence June 30, 1992, and to expire June 30, 1996:
6th Congressional District:
Mr. Luther A. Bradley, Route 4, Box 54-B, Hemingway, S.C. 29554 VICE Franklin M. Stallings (as 6th Congressional District Member - vacant due to redistricting)
Referred to the General Committee.
May 7, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mr. Willie Varnish, Sr., 1249 Old Black Oak Road, Moncks Corner, S.C. 29461
Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, S.C. 29406
Received as information.
May 9, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Berkeley County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:
Mr. Charles E. Schuster, 27 North Basilica Drive, Hanahan, S.C. 29406
Received as information.
May 16, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Ethics Commission, with term to commence July 1, 1995, and to expire July 1, 2000:
At-Large:
Mr. Richard Kent Porth, 3 Panorama Drive, Lexington, S.C. 29072 VICE H. Bowen Woodruff (resigned)
Referred to the Committee on Judiciary.
At 11:27 A.M., Senator COURTNEY assumed the Chair.
Senator WALDREP introduced Dr. Hunter Woodall of Anderson, S.C., Doctor of the Day.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. Harrison, Limbaugh and Martin of the Committee of Free Conference on the part of the House on:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
asks for a Committee of Conference, and has appointed Reps. Cotty, Wofford and Govan of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators THOMAS, JACKSON and MARTIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Jaskwhich, Neilson and Cotty of the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1420 -- Senators Courson, Holland, Saleeby, Land, Setzler, McConnell, Moore, Bryan, Thomas, Wilson, Passailaigue, Hayes, Courtney, Cork, Gregory, Rankin, Richter, Greg Smith, Waldrep, Boan, Fair and Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.
The question then was the adoption of the Concurrent Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1421 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1422 -- Senator Ryberg: A BILL TO AMEND ACT 268 OF 1989, RELATING TO THE TAX MILLAGE AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE MILLAGE AUTHORIZED TO BE LEVIED FROM EIGHTY-FOUR MILLS TO EIGHTY-SIX AND THREE-TENTHS MILLS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1423 -- Judiciary Committee: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285, SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC NINETY-DAY SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS THIRTY DAYS AFTER THE ARRESTING OFFICER TAKES POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE REVIEW, ADMINISTRATIVE HEARING, AND A TRIAL DE NOVO ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951, SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE AND PRESERVE THE RIGHT TO A JURY TRIAL; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.
Read the first time and ordered placed on the Calendar without reference.
H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5030 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL HIGH SCHOOL OF YORK COUNTY ON WINNING THE CLASS AAA BOYS TENNIS STATE CHAMPIONSHIP FOR 1996.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5032 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONDOLENCES AND SYMPATHY TO THE FAMILY AND FRIENDS OF MRS. MARY LUCILLE BALDWIN MARTIN OF ANDERSON, SOUTH CAROLINA, WHO DIED SUNDAY, MAY 5, 1996.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5033 -- Rep. Wilder: A CONCURRENT RESOLUTION COMMENDING MR. HAROLD WILLIAMS FOR THIRTY-SIX YEARS OF SERVICE TO LAURENS COUNTY SCHOOL DISTRICT 56 WHICH INCLUDES TWENTY-FOUR YEARS ON THE CLINTON HIGH SCHOOL COACHING STAFF.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5034 -- Rep. Fulmer: A CONCURRENT RESOLUTION CONGRATULATING LARRY D. SHIRLEY OF CHARLESTON ON RECEIVING THE CARROLL H. JONES AWARD FROM THE SOUTH CAROLINA STATE ASSOCIATION OF LIFE UNDERWRITERS, INC., IN RECOGNITION OF MR. SHIRLEY'S HIGH STANDARDS AND ACCOMPLISHMENTS AS A LIFE UNDERWRITER.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5035 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ELIZABETH WOOLBRIGHT OF OCONEE COUNTY AND EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO HER FOR MAKING HER HOME AVAILABLE AS THE POLLING PLACE FOR PROVIDENCE PRECINCT SINCE 1927.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.
Read the first time and referred to the Committee on Transportation.
H. 5015 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL YEAR (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5017 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY CLOSINGS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1936, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5018 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5019 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NONPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5020 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1954, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5022 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ENTRANCE AGE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5023 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL CENSUS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5024 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs polled out H. 4717 favorable:
H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.
Moore Smith, J.V. Peeler Bryan Courson Giese Thomas Washington Rose Hayes Ford Jackson Richter Short Alexander Smith, G. Boan
Cork
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary polled out H. 4589 favorable with amendment:
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Holland McConnell Bryan Wilson Moore Russell Courtney Cork Ford Glover Gregory Jackson Lander Martin Mescher Rankin
Saleeby Rose
Ordered for consideration tomorrow.
S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
The House returned the Bill with amendments.
Senator LAND explained the Bill.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1418 -- Senator Peeler: A CONCURRENT RESOLUTION HONORING THE MEMORY OF FRANKLIN DOUGLAS PITTMAN OF GAFFNEY WHO DIED SUNDAY, MAY 21, 1995, WHILE ATTEMPTING TO SAVE THE LIFE OF A TWELVE-YEAR-OLD BOY WHO DROWNED.
Returned with concurrence.
Received as information.
THERE BEING NO UNCONTESTED BILLS ON THE STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator PEELER moved that when the Senate stands adjourned today, it stand adjourned to meet in Statewide Session on Friday, May 17, 1996, at 11:00 A.M.
The Senate agreed that when it adjourns today, that it stand adjourned to meet on Friday, May 17, 1996, at 11:00 A.M.
On motion of Senator DRUMMOND, the Senate agreed to go into Executive Session.
Having reconvened following the Executive Session, Senator PEELER moved to dispense with the Motion Period.
Having voted on the prevailing side, Senator PATTERSON moved to reconsider the vote whereby the Senate agreed that when the Senate adjourns today, it would stand adjourned to reconvene on Friday, May 17, 1996, at 11:00 A.M.
Senator BRYAN rose to a Point of Personal Interest.
Senator BRYAN argued contra to the motion to dispense with the Motion Period.
Senator LEATHERMAN argued in favor of the motion.
Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess for ten minutes.
Senator MATTHEWS objected.
Senator MATTHEWS spoke on the motion.
Senator PEELER rose to a Point of Personal Privilege.
Senator DRUMMOND spoke on the motion.
Senator LEVENTIS made a Parliamentary Inquiry as to what was the current order of business.
The ACTING PRESIDENT stated that the pending motion was a motion to dispense with the Motion Period.
Senator LEVENTIS spoke on the motion.
At 12:25 P.M., the PRESIDENT assumed the Chair.
Senator PATTERSON made a Parliamentary Inquiry as to whether the motion that was made to reconsider the vote whereby the Senate agreed to meet on Friday, May 17, 1996, at 11:00 A.M. was the pending motion before the body.
The PRESIDENT stated that the motion to dispense with the Motion Period was the pending question before the body.
Senator LEVENTIS asked unanimous consent to make a motion that it be the Sense of the Senate that H. 3730 be passed in some form.
Senator PATTERSON objected.
Senator COURSON spoke on the motion.
At 12:32 P.M., on motion of Senator COURSON, the Senate receded from business not to exceed five minutes.
At 12:45 P.M., the Senate resumed.
At 12:47 P.M., Senator MARTIN assumed the Chair.
Senator PEELER insisted on the motion to dispense with the Motion Period.
Senator LAND moved to table the motion.
A roll call vote was ordered.
Senator LAND made a Parliamentary Inquiry as to whether or not the motion to reconsider the motion whereby the Senate agreed to meet on Friday, May 17, 1996, at 11:00 A.M., would take unanimous consent in order to be made, if the motion to dispense with the Motion Period was adopted.
The ACTING PRESIDENT stated that to make the motion to reconsider would require unanimous consent.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Drummond Elliott Ford Glover Hutto Jackson Land Matthews McGill Patterson Rankin Reese Smith, G. Smith, J.V. Washington
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Holland Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Richter Rose Russell Ryberg Setzler Short Thomas Waldrep Wilson
The Senate refused to table the motion to dispense with the Motion Period.
The question then was the motion to dispense with the Motion Period.
The Senate agreed to dispense with the Motion Period.
On motion of Senator DRUMMOND, with unanimous consent, Senators DRUMMOND, J. VERNE SMITH and COURTNEY were granted leave of the Senate to attend a meeting of the Conference Committee on H. 4600, the General Appropriation Bill, and to be counted in any quorum calls.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND spoke on the Bill.
At 1:10 P.M., the PRESIDENT assumed the Chair.
At 1:16 P.M., Senator GIESE requested a leave of absence beginning at 5:00 P.M. until 7:45 P.M. today.
Senator LAND spoke on the Bill.
Senator LEVENTIS asked unanimous consent to make a motion to request a leave of absence from 2:00 P.M. until 8:00 P.M. today.
Senator LAND objected.
Senator LAND spoke on the Bill.
At 1:50 P.M., with Senator LAND retaining the floor, Senator MOORE asked unanimous consent to make a motion that the Senate stand in recess for five minutes.
Senator FAIR objected.
At 1:51 P.M., Senator MARTIN assumed the Chair.
Senator LAND continued speaking on the Bill.
At 1:52 P.M., with Senator LAND retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 2:12 P.M., the Senate resumed.
Senator LAND continued speaking on the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order; and, further, that the Senate would stand adjourned to meet at 12:00 Noon, on Tuesday, May 21, 1996, in Statewide Session and not reconvene either on Friday, May 17, 1996, or Monday, May 20, 1996.
Senator HAYES objected.
Senator LAND spoke on the Bill.
At 2:29 P.M., Senator ROSE requested a leave of absence for the balance of the day.
Senator LAND spoke on the Bill.
At 2:37 P.M., the PRESIDENT assumed the Chair.
Senator LAND spoke on the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, to be taken up for consideration on Tuesday, May 21, 1996, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order; and, further, that the Senate would stand adjourned to meet at 12:00 Noon, on Tuesday, May 21, 1996, in Statewide Session and not reconvene either on Friday, May 17, 1996, or Monday, May 20, 1996.
Senator RANKIN objected.
Senator LAND continued speaking on the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion that the Senate proceed to take up for immediate consideration the amendments on S. 956.
There was no objection.
Senator RANKIN proposed the following Amendment No. 4 (956R009.LAR), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 61-9-312 of the 1976 Code, as last amended by Section 75, 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); and
(c) festivals which have a demonstrable and significant impact on tourism.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
SECTION 2. Section 61-5-180 of the 1976 Code is 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.
(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.
SECTION 3. 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, 1997, 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.
SECTION 4. Sections 1 and 2 of this act take effect July 1, 1996, and Section 3 of this act takes effect July 1, 1997./
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
Senator RANKIN moved that the amendment be adopted.
The amendment was adopted.
The question then was the third reading of the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, to be taken up for consideration on Tuesday, May 21, 1996, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order following all other Special Orders; and, further, that S. 956 would be given a third reading; and, further, that the Senate would stand adjourned to meet at 12:00 Noon, on Tuesday, May 21, 1996, in Statewide Session and not reconvene either on Friday, May 17, 1996, or Monday, May 20, 1996, in Statewide Session.
Senator RYBERG objected.
Senator LAND continued speaking on the Bill.
With Senator LAND retaining the floor, Senator McCONNELL asked unanimous consent to make a motion to place H. 3730 in the status of Interrupted Debate, with Senator LAND retaining the floor, to be taken up for consideration on Tuesday, May 21, 1996, and that if and when H. 3730 receives a second reading, it would automatically receive a third reading on the next successive legislative day; and, further, that H. 3838 would be placed in the first position in the category of Adjourned Debate; and, further, H. 3201 would be made a Special Order following all other Special Orders; and, further, that S. 956 would be given a third reading; and, further, that when the Senate adjourns today, the Senate would stand adjourned to meet at 11:00 A.M. on Friday, May 17, 1996, under the provisions of Rule 1 to take up any local and uncontested matters that have received unanimous consent to be taken up, and that when the Senate adjourns on Friday, it stand adjourned to meet at 12:00 Noon on Tuesday, May 21, 1996.
There was no objection and the motion was adopted.
There being no further amendments, the Bill, S. 956, was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator McCONNELL asked unanimous consent to make a motion that the Senate proceed to a Call of the Uncontested Statewide Calendar.
There was no objection.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED STATEWIDE CALENDAR.
At 3:00 P.M., Senator MARTIN assumed the Chair.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4910 -- Reps. Sandifer, Cain and Chamblee: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
H. 4795 -- Rep. Gamble: A BILL TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF THE BORROWER REQUIRED TO BE ASCERTAINED BY THE CREDITOR IN CONNECTION WITH THESE LOANS ARE INDEPENDENT OF EACH OTHER AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE CREDITOR SHALL COMPLY WITH THIS REQUIREMENT; TO AMEND SECTION 37-10-105, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE THAT VIOLATIONS OF SECTION 37-10-102 ABOVE RELATING TO THE ASCERTAINING OF THE ATTORNEY'S PREFERENCE AND THE INSURANCE AGENT'S PREFERENCE OF A BORROWER SHALL BE PUNISHED AS PROVIDED IN SECTION 37-5-202 BELOW; AND TO AMEND SECTION 37-5-202, RELATING TO VIOLATIONS OF THE CONSUMER PROTECTION CODE AND THE RIGHTS OF THE PARTIES IN REGARD THERETO INCLUDING THE RIGHT TO RECOVER DAMAGES, SO AS TO INCLUDE THEREIN VIOLATIONS OF SECTION 37-10-102 IN REGARD TO ATTORNEY AND INSURANCE AGENT PREFERENCES.
H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
(By prior motion of Senator LEVENTIS, with unanimous consent)
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GREGORY proposed the following Amendment No. 1 (S-EDUC\4818), which was ruled out of order:
Amend the bill, as and if amended, on page 5, line 1 by adding a new SECTION to read:
/SECTION __. Amend Title 59, Chapter 65 of the 1976 Code by adding a new section to read:
"Section 59-65-47. In lieu of the requirements of Section 59-65-40 or Section 59-65-45, parents or guardians may teach their children at home if the instruction is conducted under the auspices of an association for homeschools which has no fewer than fifty members and meets the requirements of this section. Bona fide membership and continuing compliance with the academic standards of the associations exempts the home school from the further requirements of Section 59-65-40 or Section 59-65-45.
The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days;
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature; and
(d) educational records shall be maintained by the parent-teacher and include:
(1) a plan book, diary, or other record indicating subjects taught and activities in which the student and parent-teacher engage;
(2) a portfolio of samples of the student's academic work; and
(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above.
By January thirtieth of each year, all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."/.
Renumber SECTIONS to conform.
Amend title to conform.
Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The ACTING PRESIDENT sustained the Point of Order.
Amendment No. 1 was ruled out of order.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
Senator LANDER explained the Bill.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (PFM\9206AC.96), which was adopted:
Amend the bill, as and if amended, Section 46-43-40, page 2, line 30, by inserting /(A)/ before /An/.
Amend further, Section 46-43-40, page 2, line 31, by inserting /or federal/ before /funds/, and on line 34, by inserting /and federal/ before /funds/.
Amend further, Section 46-43-40, page 2, line 38, by inserting:
/(B) If adequate state funds are available, the South Carolina Employment Security Commission shall contract to provide a pre-occupancy housing inspection program and shall report the results of any inspections to the Migrant and Seasonal Farm Workers Commission before October first of each year. However, the Migrant and Seasonal Farm Workers Commission and the South Carolina Employment Security Commission are immune from liability, pursuant to Section 15-78-60, for any action that may be brought in connection with the inspection program./
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 15-78-60 of the 1976 Code, as last amended by Act 351 of 1990, is further amended by adding an appropriately numbered item to read:
"( ) a pre-occupancy housing inspection contracted for by the South Carolina Employment Security Commission pursuant to Section 46-43-40."/
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
Senator GREG SMITH asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GREG SMITH proposed the following amendment (3320R011.GS), which was adopted:
Amend the bill, as and if amended, page 2, after line 3, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 50-21-860 of the 1976 Code is amended to read:
"Section 50-21-860. As used in this section, 'airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.
(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.
(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.
(B) (C) It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.
Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters." /
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HAYES proposed the following amendment (JIC\6052HTC.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Sections 59-125-10 through 59-125-120 are designated Article 1, Chapter 125 of Title 59 of the 1976 Code, and entitled "General Provisions".
SECTION 2. Chapter 125, Title 59 of the 1976 Code is amended by adding:
Section 59-125-310. (A) The General Assembly finds that is desirable to provide continuing and general statutory authority for Winthrop University to incur debt for, among other things, the purposes of providing funds to acquire, construct, renovate, and equip certain revenue-producing auxiliary facilities, which debt is secured by a pledge of the revenues derived from the operation of some or all of the facilities. Winthrop University has demonstrated need for additional funds to provide for acquisition, construction, renovation, and equipping of these facilities. These facilities are needed to replace or renovate aging facilities and to provide additional facilities all to the end that the educational environment at Winthrop University will be enhanced for the benefit of present and potential students at Winthrop University.
(B) Consideration has been given to this need and to the methods of funding it. It has been determined to be in the best interests of the people of this State to authorize Winthrop University to acquire, construct, renovate, and equip additional facilities and to incur indebtedness for these purposes which is payable from the revenues derived from the operation of these facilities to the extent and under the conditions provided for in this article.
Section 59-125-320. As used in this article:
(1) 'Bond' or 'bonds' means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this chapter.
(2) 'Winthrop' means Winthrop University.
(3) 'Facilities' means any or all of the following facilities operated to provide for the students, faculty, or staff at Winthrop: dining or food service facilities; laundry facilities; canteen facilities; vending machines; convenience stores; any other facilities for the sale of sundry items; health services; book stores, parking lots and vehicle registration; and all furniture, furnishings, and equipment in them, which are now owned by Winthrop, or which may be acquired by Winthrop for any of these purposes.
(4) 'Revenues' of any facilities means the entire receipts of Winthrop from the operation of the facilities. 'Net revenues' means these receipts reduced by the necessary expenses for operation and maintenance of the facilities.
(5) 'Board' means the State Budget and Control Board.
(6) 'Trustees' means the Board of Trustees of Winthrop or any successor body.
Section 59-125-330. The trustees are authorized to acquire additional facilities and to improve and renovate existing facilities to the extent they determine to be necessary; and the proceeds of bonds authorized by this article are made available for that purpose. The trustees also are authorized to refund bonds that may from time to time be outstanding pursuant to this article by exchange or otherwise.
Section 59-125-340. Upon receiving the approval of the board and upon review by the Joint Bond Review Committee, the trustees may from time to time borrow such sums as may be necessary to accomplish the purpose of this article and to evidence these borrowings by bonds issued pursuant to this article in such aggregate principal amount as they determine, except that notwithstanding any other provisions of this article, there may not be outstanding at any time bonds issued pursuant to this article in excess of twenty-five million dollars.
Section 59-125-350. Bonds issued pursuant to this article must be payable from the revenues or the net revenues derived by Winthrop from these facilities as designated by the trustees with respect to the bonds. The trustees may abandon the use of any portion of the facilities or sell or dispose of any portion of the facilities upon receipt of a written recommendation by the chief financial officer of Winthrop to the effect that the action shall not adversely affect the ability of Winthrop to discharge its obligations to the holders of bonds issued pursuant to this article and upon the further conditions as prescribed in the resolution of the trustees providing for the issuance of bonds. The bonds issued pursuant to this article may be further secured by the additional pledges of other revenues or fees of Winthrop as it may be authorized to grant pursuant to other laws of this State.
Section 59-125-360. The faith and credit of the State may not be pledged for the payment of the principal and interest of the bonds, and there must be on the face of each bond a statement plainly worded to that effect. Neither the trustees nor any other person signing the bonds is personally liable for them.
Section 59-125-370. In order to avail themselves of the authorizations set forth in this article, the trustees shall adopt resolutions providing for the issuance of bonds of Winthrop, within the limitations mentioned in this article which must prescribe the tenor, terms, and conditions of the bonds. The bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on such occasions as the trustees determine. The last maturing bonds of any issue must be expressed to mature not later than fifty years from their date, and the first maturing bonds of any issue, issued pursuant to this article, falls due within five years from their date. They must bear such rates of interest, payable on such occasion as the trustees prescribe, and the bonds must be in such denominations, payable in such medium of payment, and at such place as such resolutions prescribe. All bonds may be issued with a provision permitting their redemption on any interest payment date before their respective maturities. Bonds made subject to redemption before their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption in such amount or amounts as the trustees prescribe in the resolutions authorizing their issuance. All bonds that are subject to redemption must contain a statement to that effect on the face of each bond. The resolutions authorizing their issuance must contain provisions specifying the manner of call and the notice of call that must be given.
Section 59-125-380. The bonds authorized by this article and all interest to become due on them have the tax exempt status prescribed by Section 12-2-50.
Section 59-125-390. It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the board, as trustee of the South Carolina Retirement System, and all other governmental entities within this State to invest any monies in their hands in the bonds.
Section 59-125-400. The bonds and coupons, if any, attached to the bonds, are executed manually or by facsimile in the name of Winthrop in the manner and by persons as the trustees from time to time determine, and the seal of Winthrop must be affixed to or impressed or reproduced on each bond. Any coupons attached to the bonds must be authenticated by the facsimile signature of one or more of the persons signing the bonds. The bonds, in the discretion of the trustees, may be registerable as to principal and interest on books kept for them by or on behalf of Winthrop, including by a corporate registrar. The delivery of the executed bonds is valid notwithstanding changes in officers or in the seal occurring after the execution. Notwithstanding the foregoing, the bonds, in the discretion of the trustees, may be issued as fully registered noncertificated book-entry securities.
Section 59-125-410. The bonds must be disposed of in such manner as the trustees determine, except that no sale, privately negotiated without public advertisement, may be made unless the approval of the board is obtained. If the trustees elect to sell the bonds at public sale, at least one advertisement of them must appear in some newspaper of general circulation in this State not less than seven days before the date fixed for the opening of bids. The bonds may be sold at such discount or for such premium as may be determined by the trustees or their designee as being in the best interest of Winthrop.
Section 59-125-420. To the end that the payment of the principal and interest of the bonds authorized by this article is secured adequately, the trustees of Winthrop may:
(1) issue bonds in such amount within the limitations provided for in this article as the trustees consider necessary. It is lawful for the trustees to use a portion of the principal proceeds derived from any sale of bonds, except bonds issued to effect refunding of outstanding bonds, to meet the payment of interest on the bonds for a period equal to the period of construction of the facilities to be financed with the proceeds of such bonds plus a period not exceeding six months. It is recognized by the General Assembly that until the facilities to be constructed with the proceeds of the loan are completed, an undue burden may be imposed upon the existing revenues at that time;
(2) pledge the revenues or the net revenues of the facilities as designated by the trustees in connection with the issuance of the bonds whether then or after that time to be existing and to pledge any otherwise available gifts, grants, or donations to Winthrop for the payment of the principal of and interest on the bonds as they respectively mature. However, any surplus of the revenues or net revenues available after the payment of costs of operation and maintenance of the facilities and of debt service on the bonds, and the establishment of any debt service reserve obligation under the proceedings providing for the issuance of the bonds, is placed in a contingency and improvement fund for the facilities in order to restore depreciated or obsolete items of the facilities, to make improvements to the facilities, to defray the cost of unforeseen contingencies with regard to the facilities, to prevent defaults under such bonds, or to redeem any of the bonds;
(3) further secure the bonds with a pledge of any additional revenues or fees of Winthrop as may be authorized under other laws of this State;
(4) covenant that no facilities owned by Winthrop may be used free of charge, or to specify and limit the facilities which may be used free of charge;
(5) covenant to establish and maintain a system of rules as will ensure the continuous use and occupancy of the facilities whose revenues are pledged to secure any bonds;
(6) covenant that an adequate schedule of charges be established and maintained for the facilities designated by the trustees, whose revenues or net revenues are pledged to secure the bonds, to the extent necessary to produce sufficient revenues to:
(a) pay the cost of operating and maintaining the facilities, whose revenues or net revenues are pledged for the payment of the bonds, including the cost of fire, extended coverage and use, and occupancy insurance;
(b) pay the principal and interest of the bonds as they respectively become due;
(c) create and at all times maintain an adequate debt service reserve fund to meet the payment of the principal and interest; and
(d) create and at all times maintain an adequate reserve for contingencies and for major repairs and replacement.
(7) covenant against the mortgaging or disposing of the facilities designated by the trustees, whose revenues or net revenues are pledged for the payment of the bonds, and against permitting or suffering any lien to be created on them equal or superior to the lien created for the benefit of such bonds. The trustees are empowered to discontinue the use of or demolish obsolete facilities and to reserve the right, under the terms they prescribe, to issue additional bonds on a parity with the bonds authorized by this article, if at some later date they obtain legislative authorization for the issuance of additional bonds;
(8) covenant as to the use of the proceeds derived from the sale of any bonds issued pursuant to this article;
(9) provide for the terms, form, registration, exchange, execution, and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;
(10) make covenants with respect to the use of the facilities to be constructed with the proceeds of the bonds authorized by this article and of the other facilities whose revenues must be pledged for the payment of the bonds;
(11) covenant that all revenues or net revenues of the particular facilities pledged for the payment of the bonds must be segregated into special funds and that the funds must be used solely for the purposes for which they are intended and for no other purpose;
(12) covenant for the mandatory redemption of bonds on the terms and conditions as the resolutions authorizing the bonds prescribe;
(13) provide for early defeasance of bonds through the establishment of special escrow accounts maintained by a corporate trustee, which may be the State Treasurer, of cash or United States government obligations, or obligations of agencies of them, which escrows may be funded with proceeds of bonds issued under the provisions of this article or revenues or other funds available to Winthrop;
(14) prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent to it, and the manner in which consent is given;
(15) covenant as to the maintenance of the facilities, whose revenues must be pledged for the payment of the bonds, the insurance to be carried on them, and the use and disposition of proceeds from any insurance policy;
(16) prescribe the events of default and the terms and conditions upon which all or any bonds become or may be declared due before maturity and the terms and conditions upon which the declaration and its consequences may be waived;
(17) impose a statutory lien upon the facilities designated by the trustees, the revenues or net revenues of which must be pledged to secure the bonds. The lien must extend to the facilities, to their appurtenances and extension, to their additions, improvements, and enlargements to the extent specified in the resolutions and must inure to the benefit of the holders of the bonds secured by the lien. The facilities remain subject to the statutory lien until the payment in full of the principal and interest of the bonds. A holder of a bond, or any of the coupons representing interest on them, either at law or in equity, by suit, action, mandamus, or other proceedings, may protect and enforce the statutory lien, and by suit, action, mandamus, or other proceedings may enforce and compel performance of all duties of the trustees, including the fixing of sufficient rates, the proper segregation of the revenues, and the proper application of them. However, the statutory lien may not be construed to give the bond or coupon holder authority to compel the sale of any of the facilities or any part of them;
(18) covenant that if there is a default in the payment of the principal of or interest upon any of the bonds, a court having jurisdiction in any proper action may appoint a receiver to administer and operate the facilities designated by the trustees, whose revenues or net revenues are pledged for the payment of the bonds, with power to fix rates and charges for the facilities, sufficient to provide for the payment of the expense of operating and maintaining the facilities, and to apply the income and revenues of the facilities to the payment of the bonds and the interest on them;
(19) establish on or before the delivery of any bonds issued pursuant to this article a debt service reserve fund and to cause it to be deposited with a corporate trustee, who may be the State Treasurer, and to that end, the trustees are empowered to utilize any monies available for that purpose, including revenues previously accumulated from the facilities before the issuance of bonds. In the discretion of the trustees, in lieu of cash, the debt service reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee. At the discretion of the trustees, Winthrop may purchase an insurance policy insuring payment of both principal and interest on any issuance of bonds under the provisions of this article;
(20) appoint a corporate trustee, who may be the State Treasurer, or paying agent to whom must be paid all or any portion of the revenues or net revenues pledged to the payment of the bonds or derived from the operation of the facilities, and to prescribe the manner in which these revenues or net revenues must be utilized and disposed of. The corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolutions of the trustees authorizing the issuance of bonds.
Section 59-125-430. No time limit is set for the issuance of bonds pursuant to this article."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator HAYES explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (BBM\10859HTC.96), which was adopted:
Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:
/SECTION ___. Section 12-28-710(A)(1)(c) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(c) which is destined for use other than for resale within the destination state for which an exemption has been made available by the destination state subject to procedural regulations promulgated by the department;"
SECTION __. Section 12-28-710(A)(7) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(7) subject to determination by the department, that portion of diesel fuel taxable motor fuel used to operate equipment attached to a motor vehicle, if the diesel fuel taxable motor fuel was placed into the fuel supply tank of a motor vehicle that has a common fuel reservoir for travel on a highway and for the operation of equipment;"/
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MARTIN proposed the following amendment (4833R001.LAM), which was adopted:
Amend the bill, as and if amended, by adding at the end an appropriately numbered new SECTION to read:
/SECTION ___. Section 12-37-220(B)(16)(b) of the 1976 Code is amended to read:
"(b) The property of any religious, charitable, or eleemosynary society, corporation, or other association when the property is acquired for the purpose of building or renovating residential structures on it for not-for-profit sale to economically disadvantaged persons, but this exemption may not be claimed for more than five tax years on a single property. Further, the total properties for which the religious, charitable, or eleemosynary society, corporation, or other association may claim this exemption in accordance with this paragraph may not exceed fifteen fifty acres per county within the State."/.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator LEATHERMAN proposed the following amendment (JIC\6003HTC.96), which was adopted:
Amend the bill, as and if amended, page 6, by striking Section 12-60-50, as contained in SECTION 8, and inserting:
/SECTION 8. Section 12-60-50 of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"Section 12-60-50. (A) For purposes of this chapter title and for any other taxes, when the last day of any specified time period is a Saturday, Sunday, or a legal holiday, the end of the period is extended to the next business day. For this purposes of this chapter, a legal holiday is any day the department or the offices of the United States Postal Service are closed and for subarticles 9 and 13 of Article 9 any day the county office is closed.
(B) Except where payment of taxes is required to be made in funds which are immediately available to the State by electronic funds transfer or otherwise, the provisions of Internal Revenue Code Section 7502 relating to timely mailing as timely filing and paying are applicable to returns, other documents, or payment of taxes imposed by this title, or subject to assessment and collection by the department."/
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (JIC\6032HTC.96), which was adopted:
Amend the bill, as and if amended, by inserting the following SECTIONS appropriately numbered to read:
/SECTION ___. Section 12-37-220(B)(26), (29), and (38) of the 1976 Code, as last amended by Act 125 of 1995, is further amended to read:
"(26) Two personal motor vehicles owned or leased by recipients of the Medal of Honor for which special license tags have been issued by the Department of Revenue and Taxation under the provisions of Article 16 of Chapter 3 of Title 56.
(29) Two personal motor vehicles or trucks, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Revenue and Taxation in accordance with the provisions of Sections 56-3-1150 and 56-3-1160. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse.
(38) Boats Watercraft and motors valued below the amount determined by the county auditor necessary to generate a tax bill equal to fifteen dollars which have an assessment of not more than fifty dollars."
SECTION ___. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) watercraft trailers."
SECTION ___. Section 12-37-252 of the 1976 Code is amended to read:
"Section 12-37-252. (A) Notwithstanding any other provision of law, property that qualifies for the homestead exemption pursuant to Section 12-37-250 of the 1976 Code is classified and taxed as residential on an assessment equal to four percent of the property's fair market value. Any agriculturally classified lands that are a part of the homestead must be taxed on an assessment equal to four percent of the lands' value for agricultural purposes. The county auditor shall notify the county assessor of the property so qualifying and no further application is required for such classification and taxation.
(B) When a person qualifies for a refund pursuant to Sections 12-60-2560 and 12-43-220(c) for prior years' eligibility for the four percent owner-occupied residential assessment ratio, the person also may be certified for a homestead tax exemption pursuant to Section 12-37-250. This refund does not extend beyond the immediate preceding tax year. The refund is an exception to the limitations imposed by Section 12-60-1750."
SECTION ___. Section 12-37-275 of the 1976 Code is amended to read:
"Section 12-37-275. Notwithstanding any other provision of law, requests for reimbursement for taxes not collected the previous year shall must not be received by the Comptroller General prior to before January first. These requests must be for the reimbursement of eligible accounts which accrue before the first penalty date each year. Those eligible accounts that accrue or are discovered on or after the first penalty date of the tax year must be submitted to the Comptroller General in the next year's reimbursement request. These requests do not extend beyond the immediate preceding tax year."
SECTION ___. Section 12-37-610 of the 1976 Code is amended to read:
"Section 12-37-610. Every person shall be is liable to pay taxes and assessments on the real estate of which he may stand seized in fee or for life, in dower or as husband in right of his wife which he owns or may have the care of as guardian, executor, trustee, or committee."
SECTION ___. A. The first paragraph immediately preceding the schedule of Section 12-37-930 of the 1976 Code, as last amended by Act 69 of 1995, is further amended to read:
"All property must be valued for taxation at its true value in money which in all cases is the price which the property would bring following reasonable exposure to the market, where both the seller and the buyer are willing, are not acting under compulsion, and are reasonably well informed of the uses and purposes for which it is adapted and for which it is capable of being used. The fair market value for motor vehicles, licensed by the Department of Revenue and Taxation watercraft, and aircraft must be based on values derived from a nationally recognized publication of vehicle valuations, except that the value may not exceed ninety-five percent of the prior year's value. However, acreage allotments or marketing quota allotments for a commodity established under a program of the United States Department of Agriculture is classified as incorporeal hereditaments and the market value of real property to which they are attached may not include the value, if any, of the acreage allotment or marketing quota. Fair market value of manufacturer's machinery and equipment used in the conduct of the manufacturing business, excluding vehicles, licensed by the Department of Transportation, boats and airplanes watercraft, and aircraft required to be registered or licensed by a state or federal agency, must be determined by reducing the original cost by an annual allowance for depreciation as stated in the following schedule."
B. This section is effective for tax years beginning after 1996.
SECTION ___. Section 12-43-217 of the 1976 Code, as added by Section 119(C), Part II, Act 145 of 1995, is amended to read:
"Section 12-43-217. Notwithstanding any other provision of law, once every fourth fifth year each county or the State shall appraise and equalize those properties under its jurisdiction. Upon completion of the reassessment program, Property valuation must be complete at the end of December of the fourth year and the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. In the fifth year, the county or State shall implement the program and assess all property on the newly appraised values."
SECTION ___. A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(c)(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence for a tax year. This subsection (c) is not applicable unless the owner of the property or his agents apply therefor to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: "Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence for the appropriate tax year".
To qualify for this special assessment ratio, the owner-occupant must have actually occupied the residence, prior to the date of application, for some period during the tax year and remain an owner-occupant at the time of application.
The assessor shall have printed in the local newspaper during the period January through December at least five notices calling to public attention the provisions of filing the application as a prerequisite for claiming this classification. Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before the first penalty date.
No further applications are necessary while the property for which the initial application was made continues to meet the eligibility requirements of this item. The owner shall notify the assessor of any change in use within six months of the change.
If a person signs the certification and is not eligible or thereafter loses eligibility and fails to notify the county assessor within the allotted time, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes.
The governing body of the county concerned as an alternative may elect, determine, and direct that the tax assessor shall determine and designate the various properties to be subject to the special assessment ratio provided in this subsection. Upon the determination by the governing body of the county concerned, no publication of notice is required and no application or other certification is then required.
(2)(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during the applicable tax year and remain in that status at the time of filing the application required by this item.
(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:
'Under penalty of perjury I certify that:
(A) the residence which is the subject of this application is my legal residence and where I am domiciled; and
(B) that neither I nor any other member of my household own any other residence in South Carolina which currently receives the owner-occupant four percent assessment ratio.'
(iii) For purposes of subitem (ii)(B) of this item, 'a member of my household' means:
(A) the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and
(B) any child of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return.
(iv) In addition to the certification, the burden of proof for eligibility for the four percent assessment ratio is on the owner-occupant and the applicant must provide proof the assessor requires including, but not limited to:
(A) a copy of the owner-occupant's most recently filed South Carolina individual income tax return;
(B) copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner-occupant.
(C) other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this item.
If the assessor determines the owner-occupant ineligible, the six percent property tax assessment ratio applies and the owner-occupant may appeal the classification as provided in Chapter 60 of this title.
(v) A member of the armed forces of the United States on active duty who is a legal resident of and domiciled in another state is nevertheless deemed a legal resident and domiciled in this State for purposes of this item if the member's permanent duty station is in this State. A copy of the member's orders filed with the assessor is considered proof sufficient of the member's permanent duty station.
(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership occurs, another application is required. The owner shall notify the assessor of any change in classification within six months of the change.
(vii) If a person signs the certification, obtains the four percent assessment ratio, and is thereafter found not eligible, or thereafter loses eligibility and fails to notify the assessor within six months, a penalty is imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.
(viii) Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing before the first penalty date.
(3) Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes paid overpaid when because the property could have been taxed at was eligible for the legal residence assessment ratio, as is provided for above. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council may, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable.
(4) A legal residence qualifying for the four percent assessment ratio provided by this item must have an assessed value of not less than one hundred dollars."
B. Subsection A of this section is effective for tax years beginning after 1996 and applies for changes in ownership or classification occurring after 1996.
SECTION ___. Section 12-43-220(d)(4)(A) of the 1976 Code is amended to read:
"(A) the fair market value without consideration of the standing timber of such real property under the valuation standard applicable to other real property in the same classification;"
SECTION ___. Section 12-51-40(b) of the 1976 Code is amended to read:
"(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the defaulting taxpayer's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs may be taken. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the defaulting taxpayer at the address shown on the tax receipt or to a more correct address known to the officer, by 'certified mail, return receipt requested-deliver to addressee only'. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to a more correct address known to the officer. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid on or before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the 'certified mail' notice is equivalent to 'levying by distress'."
SECTION ___. Section 12-51-55 of the 1976 Code, as added by Act 90 of 1995, is amended to read:
"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the forfeited land commission equal to the amount of all unpaid property taxes, penalties, and costs including taxes levied for the year in which the redemption period begins. If the forfeited land commission determines real property on which delinquent taxes are due may be contaminated, the commission must annually notify the delinquent tax collector in writing before ordering a tax sale. A bid is not required on behalf of the forfeited land commission on this property. If the property is not redeemed, the excess above the amount of taxes, penalties, and costs for the year in which the property was sold must first be applied to the taxes becoming due during the redemption period."
SECTION ___. Section 12-60-2510(A)(1) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(1) In the case of property tax assessments made by the county assessor, (a) whenever the assessor increases the fair market or special use value in making a property tax assessment by one thousand dollars or more, or (b) whenever the first property tax assessment is made on the property by a county assessor, the assessor, on or before July first in the year in which the property tax assessment is made, or as soon thereafter as practical, shall send the taxpayer a property tax assessment notice. In years when real property is appraised and assessed under a county equalization program, substantially all property tax assessment notices must be mailed by July February first of the implementation year. In these reassessment years, if substantially all of the tax assessment notices are not mailed by July February first, the prior year's property tax assessment must be the basis for all property tax assessments for the current tax year. A property tax assessment notice under this subsection must be in writing and must include:
(a) the fair market value;
(b) the special use value, if applicable;
(c) the assessment ratio;
(d) the property tax assessment;
(e) the percentage change over the prior market value, if there is no change in use or physical characteristics of the property;
(f) the number of acres or lots;
(g) the location of the property;
(h) the tax map number; and
(i) the appeal procedure."
SECTION ___. Section 12-60-2910(A) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(A) A property taxpayer may object to a personal property tax assessment or a denial of a homestead exemption made by the county auditor by requesting in writing to meet with the auditor within thirty days after the tax notice is mailed at any time on or before the last day the tax levied upon the assessment can be timely paid."
SECTION ___. Section 12-51-60 of the 1976 Code, as last amended by Act 296 of 1994, is further amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. Once a tax deed has been issued, the defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."
SECTION ___. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-deliver to addressee only restricted delivery' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs, and eight percent interest at the applicable rate on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
SECTION ___. A. Section 12-37-220(A)(8) of the 1976 Code, as last amended by Section 100A, Part II, Act 497 of 1994, is further amended to read:
"(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business. At the request of the Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the property of any manufacturer or company, eligible for the exemption to determine the portion of the property that qualifies as pollution control property. Upon investigation of the property, the Department of Health and Environmental Control shall furnish the Department of Revenue and Taxation with a detailed listing of the property that qualifies as pollution control property. For equipment that serves a dual purpose of production and pollution control, the value eligible for the ad valorem exemption is the difference in cost between this equipment and equipment of similar production capacity or capability without the ability to control pollution, except that the value eligible for the ad valorem exemption for equipment that serves a dual purpose of production of greige goods and pollution control is twenty percent of the cost of the equipment. For the purposes of this item, twenty percent of the cost of any piece of machinery and equipment placed in service in a greige mill qualifies as internal air and noise pollution control property and is exempt from property taxes. 'Greige mill' means all textile processes from opening through fabric formation before dyeing and finishing;"
B. This section takes effect upon approval by the Governor and applies for property for tax years beginning after 1993.
SECTION ___. Section 12-54-250(D) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"(D) Payment by immediately available funds and filing of the return are considered simultaneous acts with respect to penalties and interest for failure to file and failure to pay. Penalties and interest must be calculated based on the later of the return postmark date or payment date. The department may prescribe alternative means other than paper to file returns and reporting documents necessary for the administration of this section.
(E) Payment by immediately available funds and filing of the return are considered simultaneous acts with respect to penalties and interest for failure to file and failure to pay. Penalties and interest must be calculated based on the later of the return postmark date or payment date."
SECTION ___. A. The 1976 Code is amended by adding:
" Section 12-21-3920. As used in this article:
(1) 'Bingo' or 'game' means a specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random.
(2) 'Department' means the South Carolina Department of Revenue and Taxation.
(3) 'Card' means a printed or nonprinted design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares, and the term 'free', 'free square', or 'free space' is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word 'B-I-N-G-O'. Each square in the 'B' column contains a number from one through fifteen inclusive; each square in the 'I' column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the 'N' column contains a number from thirty-one through forty-five inclusive; each square in the 'G' column contains a number from forty-six through sixty inclusive; and each square in the 'O' column contains a number from sixty-one through seventy-five inclusive. No number may appear twice on the same card.
(4) 'Promoter' means an individual, corporation, partnership, or organization who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.
(5) 'Nonprofit organization' means an entity which is organized and operated exclusively for charitable, religious, or fraternal purposes which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19).
(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m. No more than one session may occur during the permitted twelve-hour period. These limitations do not apply to games operated by state or county fairs.
(7) 'Fair' means a recognized annual state or county fair. The fair must be recognized by the governing body of the county in which it is held, or in the case of the State, by the South Carolina Agricultural and Mechanical Society.
(8) 'Ball' means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.
(9) 'Cage' means a device, whether operated manually or by air blower, in which bingo balls are placed before the bingo game begins.
(10) 'Caller' means the house representative who is responsible for drawing bingo balls and announcing the configuration and the result of each drawing to the players.
(11) 'Drawing' means the indiscriminate selection of a single ball from the cage.
(12) 'House' means the nonprofit organization and promoter licensed with the department.
(13) 'Marker' means a device which indicates the number called.
(14) 'Master-board' means the receptacle used by the house to display balls which are drawn during the bingo game.
(15) 'Player' means one who participates in a game of bingo other than as an agent, promoter, or representative of the house.
(16) 'Fund' means the Parks and Recreation Development Fund.
(17) 'Building' means a structure surrounded by exterior walls or permanent firewalls.
(18) 'Manufacturer' means a person who manufactures bingo cards for use in this State and who is approved by the department.
(19) 'Distributor' means a person who brings or sells bingo cards in this State and who is approved by the department.
Section 12-21-3940. (A) Before conducting a game of bingo, a nonprofit organization shall file with the department a written application in a form prescribed by the department, executed and notarized which must include:
(1) the name, address, and telephone number of the applicant and sufficient facts relating to its incorporation and organization to enable the department to determine whether it is an authorized organization;
(2) a copy of the organization's corporate charter and the Internal Revenue Service's statement exempting the applicant from federal income taxes;
(3) the names, addresses, and telephone numbers of the organization's officers;
(4) the place and time the applicant intends to conduct bingo under the license for which it applied;
(5) the specific purpose to which the bingo net proceeds are to be devoted;
(6) the designation of a 'promoter' as defined by this article;
(7) a copy of any contract or lease between a promoter and the nonprofit organization;
(8) the name, address, telephone number, birth date, and Social Security number of each person who will work at the proposed bingo games and receive compensation for the work, the nature of the work to be performed, and a statement as to whether or not the person has been convicted within the last twenty years of a state or federal felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years;
(9) other information considered necessary by the department.
(B) Upon application for a license, the department has thirty days to approve or reject the application based on the requirements of this article.
(C) The nonprofit organization does not need to apply for renewal of the license as long as there are no changes in the operation or location of the game. Changes in information supplied on the original application must be forwarded to the department, in writing, within thirty days of the change. In the case of a change in the place and time, notice must be given thirty days before the change.
Section 12-21-3950. (A) A promoter under contract with a licensed nonprofit organization to manage, operate, or conduct a game shall file a written application for a promoter's license in a form prescribed by the department, executed and notarized, which must include:
(1) the name, address, telephone number, and Social Security number of the promoter or of each officer if the promoter is a corporation;
(2) a copy of the promoter's contract or lease with the nonprofit organization. A contract must exist between the sponsoring organization and the promoter detailing all expenses;
(3) the name, address, telephone numbers, and Social Security number of any person working for the promoter at the bingo game and receiving compensation for the work;
(4) a notarized statement as to whether or not the applicant for a promoter's license or any of his employees have been convicted within the last twenty years of a state or federal felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years.
(B) Upon application for a license, the department has thirty days to approve or reject the application based on the requirements of this article.
(C) A promoter shall file a renewal application each year submitting any changes in information and documentation previously submitted as required by this section. The promoter is required to notify the department, in writing, of any changes in the information supplied on the application within thirty days of the change.
(D) The license authorized by this section is for the privilege of engaging in business as a bingo promoter and must be purchased from the department at a cost of one thousand dollars a year.
A promoter shall obtain a promoter's license for each organization for which he operates bingo games.
Section 12-21-4060. A person who has been convicted within the last twenty years of violating a state or federal criminal statute relating to gaming or gambling, or who has been convicted of any other crime that has a sentence of two or more years, or where applicable, whose promoter's license has been revoked by the department is not permitted to manage or conduct a game or assist in any manner with the bingo operation.
B. It is the intent of the General Assembly that the provisions of Sections 12-21-3920, 12-21-3940, 12-21-3950, and 12-21-4060 of the 1976 Code, as added by this section, supersede the provisions of those sections of the 1976 Code as they may be added by any other enactment in the 1996 session of the General Assembly.
C. This section takes effect October 1, 1997./
Amend title to conform.
Senator LEATHERMAN explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 543 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-22 SO AS TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO PREPARE A FAMILY IMPACT STATEMENT ON BILLS AND RESOLUTIONS THAT MAY HAVE A SIGNIFICANT IMPACT ON THE FAMILY AND TO REQUIRE STATE AGENCIES TO PREPARE A FAMILY IMPACT STATEMENT ON AGENCY POLICIES AND ON REGULATIONS AND TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO REPORT TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY RECOMMENDATIONS TO STRENGTHEN THE INSTITUTIONS OF MARRIAGE AND THE FAMILY IN THIS STATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (BBM\10861AC.96), which was adopted:
Amend the bill, as and if amended, Section 20-7-22, page 1, by striking subsection (A) and inserting:
/(A) The chairman of a standing committee of the House of Representatives or the Senate may request the Joint Legislative Committee on Children and Families to prepare a family impact statement for a bill or resolution that may have significant impact on family formation, maintenance, and general well-being using the guidelines for assessment in subsection (C) which, if requested, must be attached to the bill or resolution before it is reported out of committee./
Renumber sections to conform.
Amend totals and title to conform.
Senator FAIR explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO AMEND SECTION 25-1-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT OF OFFICERS AND ENLISTED PERSONNEL FROM THE NATIONAL GUARD OF SOUTH CAROLINA, SO AS TO DELETE THE LIMITATIONS ON RETIREMENT PROMOTION FOR COMMISSIONED OFFICERS HOLDING THE GRADE OF MAJOR GENERAL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The General Committee proposed the following amendment (PT\2537JM.96), which was adopted:
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, Major General T. Eston Marchant has served his State and nation with loyalty, dedication, and distinction for over fifty years as a member of the South Carolina Army National Guard and of the United States Marine Corps; and
Whereas, General Marchant has served the people of the State of South Carolina and of the nation with great zeal and diligence in numerous and various military capacities, including as a company commander, brigade commander, assistant division commander, and commandant of Palmetto Military Academy, the state's officer candidate school; and
Whereas, General Marchant has been the deserving recipient of numerous military awards and decorations, including the Distinguished Service Medal, the Legion of Merit, Marine Corps Combat Action Ribbon, Marine Corps Presidential Unit Citation Ribbon, United States Navy Unit Commendation Medal, Asiatic-Pacific Service Medal with five battle stars, American Theater Medal, Army Reserve Components Achievement Medal, Armed Forces Reserve Medal, Governor's Unit Citation, the South Carolina Active State Service Medal, and the Sovereign Order of Saint Stanislas; and
Whereas, General Marchant's leadership attributes are equally known in the civilian community, where he was a distinguished member of the South Carolina Bar for over thirty years and where he served on the Board of Trustees of the University of South Carolina for thirteen years, serving the final eight years as chairman; and
Whereas, General Marchant served as President of the Adjutants General Association of the United States from 1990 through 1992 and as a member of the executive council of the National Guard Association of the United States from 1987 through 1994; and
Whereas, General Marchant was selected the 1990 South Carolinian of the Year and is the recipient of the Order of the Palmetto; and
Whereas, for sixteen years General Marchant held the highest military position in his State, that of the Adjutant General, a constitutional office to which he was popularly elected on four separate occasions by his fellow South Carolinians. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Major General T. Eston Marchant is promoted to the rank of Lieutenant General of the South Carolina Army National Guard effective January 10, 1995.
SECTION 2. This act takes effect upon approval of the Governor./
Further, amend the title to read:
TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995./
Senator WILSON explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
At 3:25 P.M., the PRESIDENT assumed the Chair.
H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator LAND, with unanimous consent, the Bill was read the second time, with notice of general amendments and ordered placed on the third reading calendar.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD4372.004), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 32, in Section 49-11-10(B), as contained in SECTION 1, by striking subsection (B) in its entirety and inserting therein the following:
/(B) A person owning or operating a dam which impounds a reservoir too small to be regulated under the South Carolina Dams and Reservoirs Safety Act regulations or a dam which in the judgment of the Department of Health and Environmental Control poses no significant threat of danger because of its size and location to downstream life or property may be held liable for damage to the real or personal property of another caused exclusively by the negligent construction, negligent operation, or negligent maintenance of the dam or caused by flooding due to negligent spillway control during ordinary weather, except that no dam owner shall be held liable for damages to property of another resulting from a natural disaster./.
Amend the bill further, as and if amended, page 2, line 9, in Section 49-11-20(A), as contained in SECTION 2, by striking /section/ and inserting /article/.
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3845.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 27, in Section 14-7-130, as contained in SECTION 1, by striking lines 27 through 29 in their entirety and inserting therein:
/"Section 14-7-130. In November September of 1996 of and every third year thereafter in this same month, the Department of Revenue and Taxation Public Safety shall furnish the State Election Commission a computer
Amend the bill further, as and if amended, page 1, line 34, in Section 14-7-130, as contained in SECTION 1, by striking /1995/ and inserting therein /1996/.
Amend the bill further, as and if amended, page 2, line 5, in Section 14-7-130, as contained in SECTION 1, by striking /Revenue and Taxation/ and inserting therein:
/Revenue and Taxation Public Safety/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators McCONNELL, JACKSON and FORD proposed the following amendment (4584R002.GFM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, lines 19 through 32, and inserting in lieu thereof the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-210. (A) After the erection of Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, and African-American History monuments or memorials upon public property, they may not be removed, disturbed, or altered. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments or memorials.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars, or imprisoned for more than one year, or both."
SECTION 2. A. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to subsection B of this section. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.
B. (1) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in subsection A of this section. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.
Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.
Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.
(2) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.
(3) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.
C. The monument placed on the State House grounds pursuant to this section shall receive the protections from removal, disturbance, or alteration provided in Section 10-1-210 and the penalty provided therein shall apply with respect to a removal, disturbance, or alteration to the monument erected pursuant to authority granted in this section./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator McCONNELL, H. 4584 was ordered to receive a third reading on Friday, May 17, 1996.
H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.
Senator RICHTER asked unanimous consent to make a motion to proceed to a consideration of the Bill.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ELLIOTT proposed the following amendment (4012R006.DE):
Amend the bill, as and if amended, page 4, after line 43, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 57-13-40 of the 1976 Code is amended to read:
"Section 57-13-640. (A) The commission may permit any person, county or municipality, or any combination thereof, to construct toll bridges and appertaining structures suitable for highway traffic on any roads of the state highway system. But before any such permit is issued an agreement satisfactory to the Department of Transportation must be executed by the person receiving such permit fixing conditions under which the bridge is to be constructed, the character and design of the structure, the rate of toll to be charged traffic using it and the terms according to which it can be acquired by the State or counties concerned.
(B) The Department of Transportation is directed to expend funds as necessary to conduct a study of the feasibility of imposing a toll on federal highways in the state to the extent allowed by federal law. If the department determines after the study that imposition of tolls is feasible, the department may impose tolls on federal highways in the state to the extent allowed by federal law. The funds received from the imposition of tolls shall be placed in a separate fund know as the "New Highway Construction Trust Fund" and shall be used for the following purposes:
(A) cash financing new highway construction projects;
(B) to retire interest or principal or construction bonds;
(C) to match federal funds for highway construction./
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator RYBERG objected to further consideration of the Bill.
S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
On motion of Senator BRYAN, 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.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
On motion of Senator GREG SMITH, the Bill was carried over.
On motion of Senator SHORT, at 3:50 P.M., Senator REESE was granted a leave of absence until Tuesday, May 21, 1996.
On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having been reported favorably from Executive Session, on motion of Senator SALEEBY, with unanimous consent, the following appointment was confirmed:
Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:
Savings & Loan:
Mr. Herbert W. Watts, President, First Federal Savings & Loan Association, Post Office Box 512, Cheraw, S.C. 29520 VICE William L. Abercrombie, Jr.
Having been reported favorably from Executive Session, on motion of Senator THOMAS, with unanimous consent, the following appointments were confirmed:
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1994, and to expire August 1, 1999:
At-Large:
Mr. Samuel M. Pierson, III, 155 Woodshore Drive, Columbia, S.C. 29223 VICE Ginny Wolfe
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1992, and to expire August 1, 1997:
Sexual Assault Prevention/Treatment:
Lois J. Veronen, Ph.D., Department of Psychology, Winthrop University, Rock Hill, S.C. 29733 VICE Jan Vogelsang (resigned)
Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:
Policeman:
Chief Reuben M. Greenberg, 180 Lockwood Boulevard, Charleston, S.C. 29403
Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence September 1, 1996, and to expire September 1, 2001:
Sexual Assault Prevention/Treatment:
Dean G. Kilpatrick, Ph.D., Department of Psychiatry, Medical University of South Carolina, 171 Ashley Avenue, Charleston, S.C. 29425
Reappointments, Juvenile Parole Board, with terms to commence June 30, 1996, and to expire June 30, 2000:
1st Congressional District:
Ms. Terrye C. Seckinger, 6 Wills Way, Isle of Palms, S.C. 29451
6th Congressional District:
Reverend W. Terry Fowler, S.C. Resource Development Center, International Pentecostal Holiness Church, Post Office Box 1689, Lake City, S.C. 29560
Initial Appointment, Juvenile Parole Board, with term to commence June 30, 1994, and to expire June 30, 1998:
2nd Congressional District:
Mr. A.R. Goodwyn, III, 1418 Ivy Lane, Columbia, S.C. 29204 VICE Julie M. Dever (resigned)
Having been reported favorably from Executive Session, on motion of Senator SETZLER, with unanimous consent, the following appointments were confirmed:
Initial Appointments, Commission on Higher Education, with terms to commence July 1, 1996, and to expire July 1, 1998:
Ex-Officio - Local TEC:
Ms. Rosemary H. Byerly, 2411 Clark Road, Inman, S.C. 29349
Ex-Officio - Research Institution:
C. Edward Floyd, M.D., Floyd Medical Associates, P.A., 511 South Dargan Street, Florence, S.C. 29501
Initial Appointments, Commission on Higher Education, with terms to commence July 1, 1996, and to expire July 1, 2000:
At-Large:
Mr. Roger B. Whaley, Nationsbank, N.A. (Carolinas), 18th Floor, 1901 Main Street, Columbia, S.C. 29201
Mr. Winfred S. Greene, 1704 Phelps Street, Columbia, S.C. 29205
Mr. William H. Stern, 2134 Bermuda Hills Road, Columbia, S.C. 29223
Chairman:
Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, S.C. 29501
Reappointment, John De La Howe School Board of Trustees, with term to commence April 1, 1996, and to expire April 1, 2001:
At-Large:
Mr. James L. Victor, Post Office Box 1077, Aiken, S.C. 29802
Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence June 1, 1995, and to expire June 1, 2001:
5th Congressional District:
Mr. Ralph A. Odom, Jr., 877 Hillcroft Place, Rock Hill, S.C. 29732 VICE Clarence Hood Hornsby, Jr.
Having been reported favorably from Executive Session, on motion of Senator WILSON, with unanimous consent, the following appointments were confirmed:
Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:
6th Congressional District:
Ms. Della A. Baker, 117 Haskell Avenue, Florence, S.C. 29501 VICE Gloria J. Harris (resigned)
Initial Appointments, South Carolina Arts Commission, with terms to commence June 30, 1996, and to expire June 30, 1999:
At-Large:
Mr. Herman G. Bright, Post Office Box 1952, Walterboro, S.C. 29488 VICE Larry F. Lebby
Edward B. Hart, Jr., D.M.A., 6 Savage Street, Charleston, S.C. 29401 VICE Carl R. Blair
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
At-Large:
Mr. John B. Heaton, 943 Calhoun Place, SE, Aiken, S.C. 29801-7213 VICE Linda C. Stern (resigned)
Initial Appointments, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with terms to commence September 15, 1995, and to expire at the pleasure of the Governor:
At-Large:
MG Richard S. Siegfried, 112 Cricket Hill Road, Columbia, S.C. 29223
Organization:
Colonel William P. Collier, Jr., 216 Woodlands West Drive, Columbia, S.C. 29223-3379
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1992, and to expire May 19, 1996:
3rd Congressional District (Blind):
Ms. Nancy W. Knowles, 164 Widener Road, Aiken, S.C. 29803 VICE Horace J. McGee (resigned)
Reappointment, South Carolina Commission for the Blind, with term to commence May 19, 1996, and to expire May 19, 2000:
3rd Congressional District (Blind):
Ms. Nancy W. Knowles, 164 Widener Road, Aiken, S.C. 29803
Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1994, and to expire June 30, 1998:
Barber:
Ms. Betty J. Thompson, 118 Endless Drive, Greer, S.C. 29651 VICE Karen J. Scott (resigned)
Reappointment, State Board of Social Work Examiners, with term to commence November 27, 1996, and to expire November 27, 2000:
Master:
Mr. John R. Kennedy, 6 Hillstone Court, Columbia, S.C. 29212
Initial Appointment, South Carolina Public Service Authority, with term to commence May 19, 1991, and to expire May 19, 1998, service to begin July 10, 1996:
3rd Congressional District:
Honorable Claude V. Marchbanks, Post Office Box 531, Clemson, S.C. 29631 VICE B.L. Hendricks, Jr. (deceased)
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1996, and to expire June 30, 2000:
3rd Congressional District:
Mrs. Elizabeth B. Weaver, 100 Norte Vista Drive, Easley, S.C. 29640
Initial Appointment, State Athletic Commission, with term to commence March 6, 1996, and to expire March 6, 2000:
2nd Congressional District:
Mr. Robert O. Williams, 1104 Indigo Avenue, Cayce, S.C. 29033 VICE John H. Holladay, Jr.
Having been reported favorably from Executive Session, on motion of Senator HOLLAND, with unanimous consent, the following appointments were confirmed:
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1995, and to expire June 30, 1998:
6th Congressional District:
Mr. Jerome Heyward, Apartment 514, 1916 Sam Rittenberg Boulevard, Charleston, S.C. 29407 VICE Fred L. Sumpter
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:
1st Congressional District:
Ms. Leah F. Chase, Post Office Box 32123, Charleston, S.C. 29417-2123 VICE Ann Lucas (deceased)
Reappointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:
1st Congressional District:
Ms. Leah F. Chase, Post Office Box 32123, Charleston, S.C. 29417-2123
Having been reported favorably from Executive Session, on motion of Senator J. VERNE SMITH, with unanimous consent, the following appointments were confirmed:
Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1996, and to expire August 15, 2000:
At-Large:
Mr. J. Randolph Ayers, 1203 Walnut Grove - Pauline Road, Pauline, S.C. 29374 VICE C. Dan Joyner
Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1994, and to expire June 30, 1998:
5th Congressional District - Bldr.:
Mr. Derrick G. Williams, Post Office Box 977, Lancaster, S.C. 29721 VICE Michael G. Williams
Initial Appointment, Jobs Economic Development Authority, with term to commence June 27, 1995, and to expire June 27, 1998:
1st Congressional District:
Mr. J. Charles Northcutt, Post Office Box 794, Mt. Pleasant, S.C. 29465 VICE Andrew J. Combs (resigned)
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 1996, and to expire September 30, 1999:
Public:
Mrs. Wilma L. Kelly, Route 4, Box 1346, Bishopville, S.C. 29010
Having been reported favorably from Executive Session, on motion of Senator MOORE, with unanimous consent, the following appointments were confirmed:
Initial Appointment, Commission for Hearing Aid Specialists, with term to commence August 22, 1995, and to expire July 31, 1996:
Specialist:
Mr. Thomas M. McCroskey, 113 West Antrim Drive, Greenville, S.C. 29607 VICE Jacquelyn D. Niedringhaus (slot changed to Specialist)
Reappointment, Commission for Hearing Aid Specialists, with term to commence July 31, 1996, and to expire July 31, 2000:
Specialist:
Mr. Thomas M. McCroskey, 113 West Antrim Drive, Greenville, S.C. 29607
Reappointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1995, and to expire June 9, 1998:
Nurs. Home Admin./Hosp. Admin.:
Mr. William H. Bundy, Chester County Hospital and Nursing Center, Inc., Post Office Box 2001, Chester, S.C. 29706
Initial Appointment, Director of the Department of Health and Human Services, with term to commence February 13, 1996, and to expire at the pleasure of the Governor:
Ms. Gwendolyn G. Power, 3011 Lindenwood Drive, Columbia, S.C. 29204 VICE E. Anderson Laurent (resigned)
Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1996, and to expire June 9, 1999:
Nursing Home Adm. - Non-Profit:
Walter E. Hickman, Jr., D.Min., Administrator, Presbyterian Home of South Carolina, CMR 140, 201 West 9th North Street, Summerville, S.C. 29483 VICE C. William Trawick
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 14, 1994, and to expire March 14, 1998:
6th Congressional District:
Mr. Leon Finklin, 4011 Ensor Avenue, Columbia, S.C. 29203 VICE Laura R. Dawson (resigned)
Initial Appointment, Commission for Hearing Aid Specialists, with term to commence November 1, 1993, and to expire November 1, 1997:
Otolaryngologist:
Tab E. Thompson, M.D., Suite 203, 2750 Laurel Street, Columbia, S.C. 29204 VICE J. Capers Hiott
Initial Appointment, Advisory Council to the Continuum of Care for Emotionally Disturbed Children, with term to commence June 30, 1995, and to expire June 30, 1999:
Parent:
Ms. Jane J. Ferguson, 2280 Clematis Trail, Sumter, S.C. 29150 VICE Brenda C. Miller
Reappointment, State Board of Pharmacy, with term to commence June 30, 1996, and to expire June 30, 2002:
4th Congressional District:
Charles C. Turner, R.Ph., Shaw's Pharmacy #3, 1633 East North Street, Greenville, S.C. 29607
Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1996, and to expire March 15, 2003:
3rd Congressional District:
Mr. Harry Wilson Findley, 411 Shannon Way, Anderson, S.C. 29621
Having been reported favorably from Executive Session, on motion of Senator LAND, with unanimous consent, the following appointments were confirmed:
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1990, and to expire February 13, 1997:
At-Large:
Mr. Joseph T. Newton, III, Piggly Wiggly Carolina Company, Inc., Post Office Box 118047, North Charleston, S.C. 29423 VICE Robert L. Selman (resigned)
Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 1996, and to expire January 12, 2003:
At-Large:
Mr. James B. Moore, Jr., Post Office Box 418, Georgetown, S.C. 29442 VICE James B. Moore, Sr. (resigned)
Initial Appointments, Scenic Highways Committee, with terms to commence July 14, 1994, and to expire July 14, 1996:
Parks and Recreation:
Mr. Paul B. Ellis, III, City of Greenville, Post Office Box 2207, Greenville, S.C. 29602
Hotel/Motel:
Ms. Laura D. Simons, 3625 Coleman Street, Columbia, S.C. 29205
Having received a favorable report from the Berkeley County Delegation, the following appointments were confirmed in open session:
Reappointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:
Mr. Charles E. Schuster, 27 North Basilica Drive, Hanahan, S.C. 29406
Mr. Willie Varnish, Sr., 1249 Old Black Oak Road, Moncks Corner, S.C. 29461
Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, S.C. 29406
Senator McCONNELL moved that when the Senate adjourns on Friday, May 17, 1996, it stand adjourned to meet next Tuesday, May 21, 1996, at 12:00 Noon, which motion was adopted.
At 3:50 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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