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, let us pray.
Our Father, we, too, are disturbed by the ungodly things that are going on in the world, in our neighborhoods... including the burning of places of divine worship!
We know that the root cause of all these terrible things is the flowering of an inherent element in human nature that we used to call SIN!
Help us to remember in these days: a man called St. Paul, who said
(I Cor. 13:2):
"And if I have prophetic powers, and under-
stand all mysteries and all knowledge, and
if I have all faith, so as to remove
mountains, but do not have love, I am nothing."
And a man called St. John who said, as long as he lived:
"Little children, love one another!"
And of a man, named Jesus, Who, long ago, went about Galilee doing good, Who said, in the vernacular:
"Come to me! Let us talk it over!"
Amen!
On motion of Senator HOLLAND, with unanimous consent, Senators McCONNELL, MOORE and RUSSELL were granted leaves of absence to attend a meeting of a Committee of Conference and were to be counted in any quorum calls.
Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Elliott Fair Ford Giese Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Washington Wilson
A quorum being present, the Senate resumed.
Senator WALDREP recorded his presence subsequent to the Call of the Senate.
(R448) S. 944 -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
June 4, 1996
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 944, R. 448, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
This veto is based upon my belief that S. 944, R. 448 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning R.448, S. 944, without my approval.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator GREG SMITH moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following were received and referred to the appropriate committees for consideration:
Document No. 2047
Promulgated by Department of Consumer Affairs
28.62. Adjustment of Dollar Amounts
Received by Lt. Governor May 28, 1996
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 25, 1996
(Subject to Sine Die Revision)
Document No. 2043
Promulgated by Department of Health and Environmental Control
61.92. Underground Storage Tank Control Regulations
Received by Lt. Governor May 29, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 26, 1996
(Subject to Sine Die Revision)
Document No. 2040
Promulgated by Department of Health and Environmental Control
61.98 State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received by Lt. Governor May 29, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 26, 1996
(Subject to Sine Die Revision)
Document No. 2037
Promulgated by Labor, Licensing and Regulation - Board of Pharmacy
Examination Fees
Received by Lt. Governor May 17, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date September 14, 1996
(Subject to Sine Die Revision)
Document No. 1928
Promulgated by Department of Health and Environmental Control
61.69. Classified Waters
Received by Lt. Governor May 29, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 26, 1996
(Subject to Sine Die Revision)
On motion of Senator MOORE, at 11:00 A.M., Senator DRUMMOND was granted a leave of absence for today and tomorrow.
At 1:30 P.M., Senator GIESE requested a leave of absence from 8:15 - 10:00 P.M.
On motion of Senator PATTERSON, at 2:30 P.M., Senator MATTHEWS was granted a leave of absence for the balance of the day and tomorrow.
At 6:30 P.M., Senator BOAN requested a leave of absence from 6:30 - 7:15 P.M.
The following were introduced:
S. 1440 -- Senator Courtney: A SENATE RESOLUTION TO RECOGNIZE THE OUTSTANDING CAREER AND THE LIFETIME ACHIEVEMENT OF DR. JACK A. POWERS AND TO CONVEY THE BEST WISHES OF THE SOUTH CAROLINA SENATE ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF SPARTANBURG TECHNICAL COLLEGE.
The Senate Resolution was adopted.
S. 1441 -- Senator Holland: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LAWRIE H. HARMON, OFFICE OF THE GOVERNOR, DIVISION OF VETERANS AFFAIRS, FIELD OFFICE SUPERVISOR AT THE DORN VETERANS HOSPITAL, COLUMBIA, SOUTH CAROLINA, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND THE STATE OF SOUTH CAROLINA AND TO THANK HIM FOR THE MANY CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST TWENTY-ONE AND ONE-HALF YEARS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1442 -- Senator McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE ALICE TALBIRD BECKETT UPON THE FIFTIETH ANNIVERSARY OF HER ADMISSION TO THE SOUTH CAROLINA BAR ON JUNE 10, 1946.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1443 -- Senator Matthews: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MR. MELVIN CRUM OF ROWESVILLE UPON BEING NAMED THE "1996 SMALL FARMER OF THE YEAR."
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1444 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.
Read the first time and referred to the Committee on Judiciary.
S. 1445 -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE FLOYD I. HARPER, JR., OF WEST COLUMBIA, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1996 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1446 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JACK BARTLEY WEBBER OF UNION COUNTY FOR HIS DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND UNION COUNTY AS MAGISTRATE OF THE PINCKNEY TOWNSHIP AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5095 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING ATTORNEY HELEN NELSON GRANT ON BEING NAMED CHAIRWOMAN OF THE COLUMBIA COLLEGE BOARD OF TRUSTEES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5096 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING MR. ANTHONY T. GRANT OF COLUMBIA ON HIS SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5097 -- Reps. Riser, Witherspoon, Rhoad, Koon, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rice, Richardson, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXTENDING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. BYRON K. WEBB OF CLEMSON ON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE AT CLEMSON UNIVERSITY AND WISHING HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5100 -- Reps. Hodges, Boan and Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE LANCASTER AND CHESTER RAILWAY COMPANY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE SHAREHOLDERS OF THIS COMPANY WHO HAVE MADE THIS WONDERFUL ASSET AVAILABLE TO THE CITIZENS OF LANCASTER AND CHESTER COUNTIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5101 -- Reps. Harvin, Stuart and Sharpe: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LILLIAN BOATWRIGHT BOLAND OF SPRINGFIELD AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1441 -- Senator Holland: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE LAWRIE H. HARMON, OFFICE OF THE GOVERNOR, DIVISION OF VETERANS AFFAIRS, FIELD OFFICE SUPERVISOR AT THE DORN VETERANS HOSPITAL, COLUMBIA, SOUTH CAROLINA, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND THE STATE OF SOUTH CAROLINA AND TO THANK HIM FOR THE MANY CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST TWENTY-ONE AND ONE-HALF YEARS.
Returned with concurrence.
Received as information.
S. 1442 -- Senator McConnell: A CONCURRENT RESOLUTION TO CONGRATULATE ALICE TALBIRD BECKETT UPON THE FIFTIETH ANNIVERSARY OF HER ADMISSION TO THE SOUTH CAROLINA BAR ON JUNE 10, 1946.
Returned with concurrence.
Received as information.
S. 1443 -- Senator Matthews: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MR. MELVIN CRUM OF ROWESVILLE UPON BEING NAMED THE "1996 SMALL FARMER OF THE YEAR."
Returned with concurrence.
Received as information.
S. 1445 -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE FLOYD I. HARPER, JR., OF WEST COLUMBIA, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1996 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
Returned with concurrence.
Received as information.
Columbia, S.C., June 12, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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.
asks for a Committee of Conference, and has appointed Reps. Meacham, Trotter and Riser of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators LEVENTIS, MARTIN and LANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 30, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Kirsh, H. Brown and Quinn of the Committee of Conference on the part of the House on:
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Very respectfully,
Speaker of the House
Received as information.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
The PRESIDENT appointed Senator WASHINGTON as replacement conferee for Senator MATTHEWS.
A message was sent to the House accordingly.
Columbia, S.C., May 30, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
asks for a Committee of Conference, and has appointed Reps. Fulmer, Harvin and Koon of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators MOORE, RANKIN and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 30, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
On motion of Senator RANKIN, the Senate insisted upon its amendments to H. 4825 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators MOORE, RANKIN and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Senator PEELER requested to be recognized to take up for immediate consideration the Report of the Committee of Conference.
Senator BRYAN raised a Point of Order that the motion to take up Reports of Committees of Conference was out of order under the provisions of Rule 38 inasmuch as the report should lie on the table one day for consideration.
Senator PEELER spoke on the Point of Order.
Senator MATTHEWS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order and stated that the provisions of H. 5041, the Sine Die Resolution, which provide for the "receipt, consideration, and disposition of conference or free conference reports," superseded the provisions of Rule 38.
Senator PEELER explained the Report of the Committee of Conference.
Senator PEELER moved that the Report of the Committee of Conference be adopted.
Senator BRYAN argued contra to the adoption of the Report of the Committee of Conference.
At 11:50 A.M., Senator MARTIN assumed the Chair.
Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.
At 12:10 P.M., the PRESIDENT assumed the Chair.
Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.
Senator RUSSELL asked unanimous consent to make a motion that the Honorable David M. Beasley be granted the Privilege of the Floor.
There was no objection.
Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.
At 1:02 P.M., Senator PATTERSON asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand in recess until 2:30 P.M.
Senator PEELER objected.
Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.
At 1:17 P.M., Senator MARTIN assumed the Chair.
Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.
At 1:37 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courtney Elliott Fair Ford Giese Gregory Hayes Hutto Jackson Land Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator GLOVER recorded her presence subsequent to the Call of the Senate.
Senator BRYAN continued arguing contra to the adoption of the Report of the Committee of Conference.
Senator PATTERSON argued contra to the adoption of the Report of the Committee of Conference.
At 2:28 P.M., the PRESIDENT assumed the Chair.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.
At 2:30 P.M., Senator LAND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Elliott Fair Ford Giese Glover Hutto Jackson Land Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.
Senator REESE asked unanimous consent to make a motion to take up a local appointment for immediate consideration.
Senator PEELER objected.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.
At 3:06 P.M., Senator PEELER moved to invoke Rule 3b to send for the absent members.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Hayes Lander Leatherman Leventis Martin McConnell Mescher Peeler Richter Rose Ryberg Setzler Short Thomas Waldrep Wilson
Bryan Cork Elliott Ford Glover Hutto Jackson Land Patterson Reese Saleeby Smith, G. Washington
At 3:10 P.M., Rule 3b was invoked.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.
At 3:36 P.M., Senator PEELER moved under Rule 15A to set a time certain at 6:00 P.M. to vote on the entire matter of H. 3730.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Courtney Fair Giese Hayes Lander Leatherman Leventis Martin McGill Mescher O'Dell Peeler Rose Russell Ryberg Setzler Short Thomas Waldrep Wilson
Alexander Boan Bryan Cork Elliott Ford Hutto Jackson Land McConnell Moore Passailaigue Patterson Rankin Reese Richter Saleeby Smith, G. Washington
Having failed to receive the necessary vote, the motion failed.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.
At 3:45 P.M., Senator COURTNEY assumed the Chair.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference.
H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.
With Senator PATTERSON retaining the floor, Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
The House returned the Bill with amendments.
On motion of Senator SALEEBY, 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.
Senator PATTERSON continued arguing contra to the adoption of the Report of the Committee of Conference on H. 3730.
Senator LAND was recognized.
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.
On motion of Senator SALEEBY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration, with Senator LAND retaining the floor.
Senator SALEEBY spoke on the report.
On motion of Senator SALEEBY, the Report of the Committee of Conference to H. 3845 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 14-7-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"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 tape of the name, address, date of birth, social security number, sex, and race of persons who are over the age of eighteen years and citizens of the United States residing in each county who hold a valid South Carolina driver's license or an identification card issued pursuant to Section 57-3-910. In December October of 1996 of and every third year thereafter in this same month, the State Election Commission shall furnish a jury list to county jury commissioners consisting of a tape or list derived by merging the list of registered voters in the county with county residents appearing on the tape furnished by the department, but only those licensed drivers and identification cardholders who are eligible to register to vote may be included in the list. Prior to furnishing the list, the commission shall make every effort to eliminate duplicate names and names of persons disqualified from registering to vote or voting pursuant to the laws and Constitution of this State. As furnished to the jury commissioners by the State Election Commission, the list or tape constitutes the roll of eligible jurors in the county. Expenses of the Department of Revenue and Taxation Public Safety and State Election Commission in implementing this section must be borne by these agencies.
In addition to the above provisions of this section, in September of those years in which jury lists are not furnished to county jury commissioners by the State Election Commission, the department shall furnish the county jury commissioners with a tape or list of newly licensed drivers or identification card holders over the age of eighteen in the county added since its last report, and the State Election Commission shall furnish the county jury commissioners with a tape or list of newly registered voters in the county added since its last report. The county jury commissioners are authorized to incorporate these new names into its roll of eligible jurors in the county."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Edward E. Saleeby /s/John W. Tucker, Jr. /s/Thomas L. Moore /s/James L. Mann "Bubba" Cromer, Jr. /s/Holly A. Cork James S. Klauber On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Senator LAND argued contra to the adoption of the Report of the Committee of Conference on H. 3730.
At 4:25 P.M., Senator WASHINGTON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LAND moved that the Senate stand adjourned.
A roll call vote was requested.
Having failed to receive the necessary seconds, the Senate proceeded to a voice vote on the motion to adjourn.
Senator LEVENTIS requested a roll call vote.
Senator LAND raised a Point of Order that the request was out of order inasmuch as a roll call vote had been requested and the ACTING PRESIDENT had stated that five members had not seconded the call.
The ACTING PRESIDENT stated that five members had not seconded the call.
The question then was the motion to adjourn.
The Senate refused to adjourn.
Senator LAND argued contra to the adoption of the Report of the Committee of Conference.
At 4:50 P.M., the PRESIDENT assumed the Chair.
Senator LAND argued contra to the adoption of the Report of the Committee of Conference.
With Senator LAND retaining the floor, Senator SETZLER asked unanimous consent to make a motion to take up the Report of the Committee of Conference on S. 1117 for immediate consideration.
Senator PEELER objected.
Senator LAND argued contra to the adoption of the Report of the Committee of Conference.
At 5:42 P.M., Senator MARTIN assumed the Chair.
Senator LAND argued contra to the adoption of the Report of the Committee of Conference.
At 6:40 P.M., the PRESIDENT assumed the Chair.
Senator LAND argued contra to the adoption of the Report of the Committee of Conference.
At 7:10 P.M., Senator PEELER moved under Rule 15A to set a time certain at 8:00 P.M. to vote on the entire matter of H. 3730.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Holland Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Peeler Richter Rose Russell Ryberg Setzler Short Thomas Waldrep Wilson
Bryan Cork Elliott Ford Glover Hutto Jackson Land McGill Passailaigue Patterson Rankin Reese Saleeby Smith, G. Smith, J.V. Washington
The PRESIDENT announced in accordance with Rule 15A that the requisite number of votes had been given and the motion to set 8:00 P.M. as the time certain to vote on the entire matter was adopted.
Senator LAND relinquished the floor.
The question then was the adoption of the Report of the Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Elliott Fair Giese Gregory Hayes Holland Hutto Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Ryberg Saleeby Setzler Short Thomas Waldrep Wilson
Bryan Cork Ford Glover Jackson Land Patterson Rankin Smith, G. Smith, J.V. Washington
The Report of the Committee of Conference (JUD3730.001) was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-205. This article may be cited as the 'Law Abiding Citizens Self-Defense Act of 1996'.
Section 23-31-210. As used in this article:
(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section, or military personnel on permanent change of station orders.
(2) 'Picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State.
(3) 'Proof of residence' means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(4) 'Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has successfully completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must be a minimum of eight hours and must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduce the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(b) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a SLED-certified or approved competitive handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (b), 'proof of training' is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.
(5) 'Concealable weapon' means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
Section 23-31-215. (A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, a permit to carry a concealable weapon must be issued by SLED to a resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) three current one-inch by one-inch full face color photographs of the person;
(3) proof of residence;
(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) proof of training;
(6) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(7) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.
(D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the administrative law judge division pursuant to Article 5, Chapter 23 of Title 1 upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(E) SLED must make permit application forms available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the application date.
(F) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon;
(3) he has either been a resident of this State for at least twelve months preceding the date of his application or he is military personnel on permanent change of station orders; and
(4) all information contained in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4)(a), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.
(H) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must release the list of permit holders or verify an individual's permit status. SLED may charge a fee not to exceed its costs in releasing the information under this subsection.
(J) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that upon conviction would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. A permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time the original permit must be returned to SLED.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) day care facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary;
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
(N) Valid out of state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this act and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.
(O) A permit issued pursuant to this article is not required for a person:
(1) specified in Section 16-23-20, items (1) through (5) and items (7) through (11);
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as 'pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law.
(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of three current one-inch by one-inch full color photographs of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(Q) Upon submission of the items required by subsection (P) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. If the background check is favorable, SLED must renew the permit.
(R) No provision contained within this act shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately prior to the effective date of this act, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care."
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-400. (A) As used in this article:
(1) 'Use a firearm' means to discharge a firearm.
(2) 'Serious bodily injury' means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.
(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.
(D) This article does not apply to persons lawfully defending themselves or their property.
Section 23-31-410. (A) A person who uses a firearm within this State shall submit to a SLED approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance. The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or a controlled substance.
(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a controlled substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.
Section 23-31-415. (A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of the law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance.
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
Section 23-31-420. (A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, this creates an inference that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol."
SECTION 3. Section 16-23-20 of the 1976 Code is amended to read:
"Section 16-23-20. It shall be is unlawful for anyone to carry about the person, whether concealed or not, any pistol, whether concealed or not, except as follows:
(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources.
(2) Members of the Armed Forces of the United States or of the National Guard, organized reserves, or the State Militia when on duty.
(3) Members of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members of clubs organized for the purpose of target shooting or collecting modern and antique firearms while such these members are at or going to or from their places of target practice or their shows and exhibits.
(4) Licensed hunters or fishermen while engaged in hunting or fishing and or going to and or from their places of hunting or fishing.
(5) Any person regularly engaged in the business of manufacturing, repairing, repossession, or dealing in firearms, or the agent or representative of such this person while possessing, using, or carrying a pistol in the usual or ordinary course of such the business.
(6) Guards engaged in protection of property of the United States or any agency thereof.
(7) Any authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.
(8) Any person in his home, or upon his real property, or fixed place of business.
(9) Any person in any a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.
(10)
Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of one's his fixed place of business.
(11) Any prison guard while engaged in his official duties.
(12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, in circumstances and under conditions set forth in such the permit.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise such this privilege only after acquiring a permit from the State Law-Enforcement Law Enforcement Division as provided for in Article 3 4 of Chapter 31 of Title 23."
SECTION 4. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, shall must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon so carried concealed, and must be fined in the sum of not less than two hundred dollars nor more than five hundred dollars and not less than two hundred dollars or imprisoned not less than thirty days nor more than ninety days nor less than thirty days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) to peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, or shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."
SECTION 5. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of unlawfully carrying a pistol or firearm onto the premises of a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked."
SECTION 6. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into onto any premises or property owned, operated, or controlled by a private or public school, college, or university building, technical college, other post-secondary institution, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings premises or property.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way thereof, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic."
SECTION 7. The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the provisions of Section 16-23-20."
SECTION 8. Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Concealable Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
SECTION 9. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."
SECTION 10. Section 40-17-120 of the 1976 Code is amended to read:
"Section 40-17-120. (A) Except as provided in subsection (D), the division may grant to a person licensed or registered in accordance with this chapter a permit to carry a pistol, revolver, or other firearm. Application for the permit must be made on forms provided by the division, and the fee is twenty dollars a year. The permit is for one year and application for renewal must be on a form furnished by the division. The permit is not transferable.
(B) No person may be issued a permit until he has presented to the division proof that he is proficient in the use of firearms and has received a minimum of four hours' classroom instruction.
(C) A person engaged in the private security business or registered in accordance with Section 40-17-80 and issued a permit in accordance with this section may carry a firearm in an open and fully-exposed manner only while on duty, in uniform, and going to and from work. However, the division in its discretion may issue an additional written permit to the person to carry the firearm about his person, concealed or not, even though he is not in uniform nor on duty if the division determines that the additional permit will enable the permittee to better perform his assigned duties. No additional permit may be issued to a permittee to be effective in a place where alcoholic beverages, beer, or wine are sold or consumed.
(D) Permits for carrying firearms must not be issued pursuant to this section to persons registered as private detectives. Nothing in this section prohibits a private detective from carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23.
(E) A person licensed or registered in accordance with this chapter may, in addition to the permit issued pursuant to subsections (A) through (C) of this section, apply for a permit pursuant to Article 4, Chapter 31, Title 23."
SECTION 11. Nothing herein affects the validity of permits issued prior to the effective date of this act pursuant to Article 3 of Chapter 31 of Title 23. These permits are valid until they expire and are governed by any laws or regulations in effect on the date of their issuance.
SECTION 12. No person who holds a permit issued pursuant to this article may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
SECTION 13. Notwithstanding any other provision of this act, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises may be satisfied by a sign expressing the prohibition in written language interdict or universal sign language.
SECTION 14. Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
SECTION 15. Section 23-31-120 of the 1976 Code is repealed.
SECTION 16. This act takes effect thirty days after approval by the Governor./
Amend title to conform.
/s/Harvey S. Peeler, Jr. /s/J. Gary Simrill /s/C. Tyrone Courtney /s/James S. Klauber James E. Bryan, Jr. /s/W. Jeffrey Young On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
On motion of Senator SETZLER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator SETZLER spoke on the report.
On motion of Senator SETZLER, the Report of the Committee of Conference to S. 1117 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the acting words and inserting the following:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-144-10. Funds available from the Children's Education Endowment Fund, as established in Chapter 143 of this title, must be used for public school facilities assistance as provided in this chapter.
Section 59-144-20. For the benefit of the people of the State and the increase of their commerce, welfare, and prosperity, it is essential that the school districts of this State be assisted in obtaining adequate school facilities to assist youth in achieving the required levels of learning. It is the purpose of this chapter to provide a measure of assistance to the school districts of this State in securing the facilities and structures which are needed to accomplish the goals and purposes of public education, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-144-30. Funds made available through this chapter must be used for permanent school instructional facilities and fixed equipment including the costs for construction, improvement, enlargement, or renovation of public school facilities. The district may use its fiscal year 1996-97 allocation for payment of debt service provided that the debt service relates to school facilities as defined herein. In subsequent years, after all construction and renovation needs identified in a district's school facilities improvement plan have been met, the district may request to use its allocation for payment of debt service provided the debt service relates to school facilities as defined herein.
As used in this chapter, 'school facilities' only includes facilities necessary for instructional and related purposes including, but not limited to, classrooms, libraries, media centers, laboratories, cafeterias, physical education spaces, related interior and exterior facilities, and the conduit, wiring, and powering of hardware installations for classroom computers or for area network systems. 'School facilities' does not include unimproved real property, centralized district administration facilities, portable classrooms, or other facilities, including those normally identified with interscholastic sports activities. However, for fiscal year 1996-97 only, 'school facilities' includes portable classrooms. As used in this chapter, fixed equipment means a fixture as defined in Section 36-9-313(1)(a).
Section 59-144-40. From annual allotments made to the various districts, a school district may accumulate its allotments for up to seventy-two months to meet the facilities' needs identified in its capital improvement plan.
Section 59-144-100. (A) Funds made available under this chapter must be allocated annually to the school districts in the following manner:
(1) thirty-five percent of the funds allocated annually to the several school districts for facilities' needs must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;
(2) thirty-five percent must be allocated according to the preceding year's Education Finance Act (EFA) formula;
(3) fifteen percent of the funds allocated annually to the several school districts for facilities' needs must be distributed based on a standardized assessment of the districts' needs for facilities using a uniform estimate of costs as established in Section 59-144-120. Individual district allotments must be based on the district facilities need relative to the state total facilities need;
(4) fifteen percent of the funds allocated annually to the school districts must be distributed based on equalized effort defined as the prior five years' average expenditures for capital projects and debt service, including lease-purchase obligations, for school instructional facilities divided by the average assessed value of all property subject to ad valorem school taxation and adjusted to reflect an equalized per pupil mill value. Individual district allotments must be based on a district's equalized effort relative to the state total equalized effort. The amount included for lease-purchase obligations shall not include the costs of utilities or operation and maintenance of the leased facility;
(5) a district's annual allotment must be the sum of the four amounts calculated as provided in this section. Funds from a district's allotment shall be made available as needed once approval is received from the State Board of Education pursuant to Chapter 23 of this title.
(B) The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Children's Education Endowment Fund for facilities needs on a per pupil basis using weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils.
Section 59-144-120. The State Board of Education responsibilities in regard to this chapter include:
(1) developing policies, guidelines, and standards for a uniform assessment of facilities' needs and standardized cost allowances for estimating the cost in meeting these needs in order to provide for a systematic reporting of each district's needs to be used in calculating the allotment of funds under Section 59-144-100. Any standardized cost allowances must take into account regional variances that are beyond the control of individual districts. Facilities' needs include, but are not limited to, facility need capacity and condition, space requirements, program standards, and pupil growth. Costs allowances shall be developed to include such measures as costs per square foot, costs per pupil, or costs per teaching unit with such costs adjusted annually to reflect changes in the cost of labor and materials. These standards and cost allowances are to be used only for providing a uniform reporting of districts' needs for formula allotment purposes and are not intended to limit district options in determining the most appropriate manner in which to meet individual district needs; and
(2) adopting policies, standards, and regulations to ensure the accuracy of district reporting required under this chapter and the use of funds disbursed under this chapter.
Section 59-144-130. Every three years by December first beginning with the year 1998, the State Board of Education shall report to the General Assembly the projected five-year school facilities improvement requirements reported by the school districts, the needs identified since the last report, and those previously identified needs addressed since the last report.
Section 59-144-140. The Department of Education's responsibilities shall include:
(1) providing staffing assistance to the State Board of Education in the development of policies, guidelines, standards, and regulations implementing this chapter; and
(2) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities, and approving completed construction pursuant to Chapter 23 of this title for projects financed in whole or in part with funds allocated under this chapter. To assist with the inspection of construction projects, the State Board of Education may designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the Department of Education.
Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the provisions of this chapter and any regulations promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented.
Section 59-144-160. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Nikki Setzler /s/Ronald Townsend
/s/Harvey Peeler /s/Harry Stille
/s/Wes Hayes /s/Lewis Vaughn
for the Senate. for the House.
, and a message was sent to the House accordingly.
At 7:20 P.M., on motion of Senator HOLLAND, Rule 3b was rescinded.
On motion of Senator REESE, on behalf of the Spartanburg Delegation, with unanimous consent, the appointment of Mr. Barry Joe Barnette, 115 Beechwood Dr., Spartanburg, S.C. 29307, magistrate from Spartanburg County, if received from the Governor after Sine Die adjournment, and meeting all necessary Senate requirements, would be confirmed.
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Horace Pratt, Sr. of Lexington, S.C.
At 7:28 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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