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, hear one of the earliest of the prophets, by the name of Joel. He prophesied, perhaps, as early as 830 B.C. (3:14):
"Multitudes, multitudes,
in the valley of decision!
For the day of the Lord is near
in the valley of decision!"
Let us pray.
Dear Lord of us all, as we enter this day into the valley of decision: give us keenness of mind, foresight and insight, that our group judgments may be right in Your sight.
Father, we know that we, too, live in an age when some of earth's civil foundations are being shaken.
Help us, whether we win or lose, to rejoice in the knowledge that tells of a God of justice, and of power, who overarches in judgment all the cunning schemes of mortal man.
As we tidy up our record here, may we all hear, in our hearts, words from a Higher Realm,
"Go, my children with my blessing,
Never alone, waking or sleeping,
I am with you, you are my own."
Amen.
Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
A quorum being present, the Senate resumed.
At 11:14 A.M., Senator WILSON asked unanimous consent to make a motion to invite the House of Representatives to ratify acts at 11:45 A.M.
Senator MOORE objected.
Senator FAIR raised a Point of Order that the motion was made by an authorized member of the Chairmen's Committee and did not need unanimous consent.
Senator FAIR spoke on the Point of Order.
The PRESIDENT overruled the Point of Order and stated that under the provisions of Rule 14, the motion to ratify would require unanimous consent unless the motion was made by the President Pro Tempore or a member of the Chairmen's Committee authorized by the President Pro Tempore.
At 11:17 A.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.
At 11:30 A.M., the Senate resumed.
Senator PATTERSON rose to a Point of Personal Privilege.
The following were introduced:
S. 1450 -- Senators Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, McConnell, Moore, Peeler, Courson and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTIONS 1A AND 21 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY MEET ON WEDNESDAY, JUNE 26, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 27, 1996, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY JUNE 28, 1996, NOT LATER THAN 5:00 P.M., FOR THE RATIFICATION OF ACTS, THE CONSIDERATION OF VETOES, APPOINTMENTS, H. 4706, BILLS OR JOINT RESOLUTIONS DEALING WITH THE ESTABLISHMENT OF AN AFRICAN-AMERICAN HISTORY MONUMENT, AND RESOLUTIONS AFFECTING SINE DIE ADJOURNMENT AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN FRIDAY, JUNE 28, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
(A) Pursuant to the provisions of Sections 1A and 21 of Article III of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that subsequent to the convening of the Senate and House of Representatives on Wednesday, June 26, 1996, each body shall adjourn not later than 8:00 p.m., and each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Thursday, June 27, 1996, and if necessary on Friday, June 28, 1996, to adjourn not later than 5:00 p.m., for consideration of the following matters:
(1) ratification of acts;
(2) consideration of vetoes;
(3) consideration and confirmation of appointments;
(4) consideration of H. 4706 and bills or joint resolutions dealing with the establishment of an African-American History Monument; and
(5) resolutions affecting sine die adjournment, limited to the matters enumerated herein.
(B) When each house of the General Assembly adjourns not later than 5:00 p.m. on Friday, June 28, 1996, the General Assembly shall stand adjourned sine die.
Senator McCONNELL asked unanimous consent to take up the Concurrent Resolution for immediate consideration.
Senator McCONNELL spoke on the Resolution.
Senator COURTNEY spoke on the Resolution.
Senator COURTNEY objected to consideration of the Resolution.
Senator BRYAN asked unanimous consent to make a Sense of the Senate motion that the Senate Conferees on H. 4706 be directed to insist on the Senate's position that a change in the assessment ratio used in the calculation of a fee in lieu of tax agreement currently in force on an existing facility may only be authorized by a favorable referendum in the affected county.
The Sense of the Senate motion was adopted.
Senator McCONNELL asked unanimous consent to take up the Concurrent Resolution for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered sent to the House. The House refused to accept the Resolution.
Senator LEATHERMAN, with unanimous consent, was recognized to speak on the Report of the Committee of Conference on H. 4706.
Inasmuch as the Senate has been informed that the House has refused to accept S. 1450 regarding the extension of the current session of the General Assembly, it appears imminent that the Governor is likely to issue a call for an Extra Session. There is serious question as to the survival of any matters currently pending once the General Assembly adjourns Sine Die under the terms of H. 5041. Senate Rule 35 provides in pertinent part that the Senate "may move to continue a matter,... to the second, or any special session of the same General Assembly, and if the Senate agrees thereto, the matter shall be thereunto continued."
While the biennial session of this General Assembly will end when adjournment Sine Die occurs today or tomorrow, under the provisions of H. 5041, the Senate may preserve a matter currently under consideration in this session by continuation of the matter under the provisions of Rule 35. Should the Governor call an Extra Session, then the Clerk would be authorized to establish a Calendar of those matters continued by action of the Senate.
There is no precedent which indicates that matters not continued survive Sine Die adjournment should the Governor call an Extra Session. This question would be available to the Senate should the Governor call an Extra Session. In view of the foregoing, I have a series of motions pertaining to various matters on which I will make a motion to continue.
S. 1451 -- Senators Ryberg, Richter, McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE CLYDE MOULTRIE DANGERFIELD OF THE ISLE OF PALMS, SOUTH CAROLINA, WHO DIED WEDNESDAY, JUNE 19, 1996, AS HE WAS BEING TRANSPORTED TO EAST COOPER HOSPITAL VIA THE CLYDE M. DANGERFIELD BRIDGE.
Whereas, Clyde Moultrie Dangerfield was born in Oakley, in Berkeley County, South Carolina, on February 24, 1915, a son of the late Obie J. and Abbie Locklair Dangerfield, Sr., who were one of the state's last rice farmers; and
Whereas, a graduate of Berkeley High School, Moncks Corner, he attended Clemson College, answering the call of the United States Army for three years during World War II after which time he was discharged honorably with the rank of staff sergeant on November 22, 1945, when he settled in Charleston; and
Whereas, he met his beloved Betty Pauline Nelson, and proceeded to found Suburban Gas and Appliance Company, which he owned for forty years; and
Whereas, he and Betty Nelson were married on November 17, 1946; and
Whereas, they moved to the then new Isle of Palms in April 1948, where they raised their six children: Clyde M. Dangerfield, Jr., of Mount Pleasant; Dolly D. Cannon, of Isle of Palms; Timothy Nelson Dangerfield of Aiken; Shirley Ann Dangerfield of Mount Pleasant; Susan Marie Waite of McClellanville; and David Allan Dangerfield of Mount Pleasant; and
Whereas, among Mr. Dangerfield's chief concerns was that there was no church established yet on the Island, and his first order of business was to begin the process of acquiring a Methodist Church and pastor. Isle of Palms United Methodist Church held a special place in his heart over the years as he watched it grow, be demolished by Hurricane Hugo, and rise from the ashes once more; and
Whereas, Clyde Dangerfield, so active in so many civic causes, was first elected to the South Carolina House of Representatives in a special countywide election for Charleston County on September 15, 1953, and was reelected for eighteen consecutive terms, attaining number one in seniority, retiring in 1988. He served under nine Governors: Byrnes, Timmerman, Hollings, Russell, McNair, West, Edwards, Riley, and Campbell, and in 1991 he received an Honorary Doctor of Humane Letters Degree from the College of Charleston; and
Whereas, Mr. Dangerfield, even though quite active in legislative matters--Chairman of the House Labor, Commerce and Industry Committee, past chairman of the Charleston County Legislative Delegation, chairman of the Delegation Roads Committee for twenty-two years, and chairman of the Charleston Area Transportation Study Policy Committee (CHATS) from its inception until his retirement-- was instrumental in obtaining funds for the construction of the Mark Clark Expressway (I-526) and the Isle of Palms Connector, named in his honor. It was largely through his efforts that many Charleston area wooden structured bridges have been replaced; and
Whereas, Representative Dangerfield was a charter member and volunteer captain (retired) of the Isle of Palms Volunteer Fire Department; charter and lifemember and past president of the Isle of Palms Exchange Club, organized in 1948, and he was the first to receive the club's Book of Golden Deeds Award; a member of American Legion Palmetto Post 112; founder and charter member of the First United Methodist Church, Isle of Palms; he had served as chairman of Boy Scout Troop 34, Isle of Palms. He was also a Mason, a lifemember of Etiwan Lodge No. 95, Mount Pleasant A.F.M.; and
Whereas, in addition to his beloved wife of fifty years, Betty Nelson Dangerfield and their six children, Mr. Dangerfield is survived by one brother, William Henry Dangerfield, and one sister, Dessie D. Sabiston, both of Oakley, as well as ten grandchildren. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That, by this resolution, the members and employees of the General Assembly extend their deepest sympathy to the many friends and family of The Honorable Clyde Moultrie Dangerfield of the Isle of Palms, South Carolina, upon the occasion of his death on June 19, 1996, as he was being transported to the East Cooper Hospital via the Clyde M. Dangerfield Bridge.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Clyde M. Dangerfield, Sr., of Isle of Palms, South Carolina.
The Concurrent Resolution was adopted, ordered sent to the House.
The House refused to accept the Resolution.
S. 1452 -- Senators Drummond, Alexander, Boan, Bryan, Cork, Courson, Courtney, 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, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT IF AN EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY IS CALLED BY THE GOVERNOR DURING THE CALENDAR YEAR 1996, THE MEMBERS OF THE GENERAL ASSEMBLY SHALL NOT RECEIVE ANY PER DIEM OR OTHER SALARY DURING THE TERM OF THE EXTRAORDINARY SESSION.
Be it resolved by the Senate, the House of Representatives concurring:
That, notwithstanding any provision of law to the contrary, if an extraordinary session of the General Assembly is called by the Governor during the calendar year 1996, the members of the General Assembly shall not receive any per diem or other salary during the term of the extraordinary session.
The Concurrent Resolution was adopted, ordered sent to the House.
The House refused to accept the Resolution.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 1 (3203R004.GFM), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT, AND TO FURTHER DIRECT THE COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR AN AFRICAN-AMERICAN HISTORY MUSEUM.
Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and
Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and
Whereas, not one of the monuments and memorials recognizes the contributions and efforts of an African-American individual; and
Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and
Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition. Now, therefore,
Be it resolved by the General Assembly of the State of South Carolina:
SECTION 1. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to Section 2 of this resolution. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.
SECTION 2. (a) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this joint resolution. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.
Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.
Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.
(b) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.
(c) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
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 Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
Russell Thomas
The amendment was adopted.
The question then was the third reading of the Bill, as amended.
Senator McCONNELL asked unanimous consent to make a motion to place the Bill in the status of Interrupted Debate.
There was no objection.
Senator McCONNELL asked unanimous consent to make a motion to continue to the Bill.
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 Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
Russell Thomas
The Bill was continued.
H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.
Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 1 (4396R002.GFM), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT, AND TO FURTHER DIRECT THE COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR AN AFRICAN-AMERICAN HISTORY MUSEUM.
Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and
Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and
Whereas, not one of the monuments and memorials recognizes the contributions and efforts of an African-American individual; and
Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and
Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition. Now, therefore,
Be it resolved by the General Assembly of the State of South Carolina:
SECTION 1. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to Section 2 of this resolution. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.
SECTION 2. (a) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this joint resolution. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.
Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.
Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.
(b) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.
(c) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
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 Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
Russell Thomas
The amendment was adopted.
The question then was the third reading of the Bill, as amended.
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 Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Waldrep Washington Wilson
Russell Thomas
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The House refused to accept the Bill.
H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Senator LANDER asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LANDER asked unanimous consent to make a motion to continue to the Bill.
The Bill was continued.
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" (ABBREVIATED TITLE)
Senator McCONNELL asked unanimous consent to make a motion to continue the Report of the Committee of Conference, if the Report of the Committee of Conference was not adopted prior to Sine Die adjournment, in the same manner as bills are on the Calendar may be continued under the provisions of Rule 35.
There was no objection and the motion was adopted.
At 12:50 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:02 P.M. and was called to order by the PRESIDENT.
At 3:04 P.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.
At 3:20 P.M., the Senate resumed.
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Senator McCONNELL asked unanimous consent to make a motion to continue the Report of the Committee of Conference, if the Report of the Committee of Conference was not adopted prior to Sine Die adjournment, in the same manner as bills are on the Calendar may be continued under the provisions of Rule 35.
There was no objection and the motion was adopted.
June 6, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Bart S. McGuire, 103 Arroyo Court, Greenwood, S.C. 29646
Received as information.
June 11, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Barnwell County Board of Voter Registration, with term to commence June 3, 1996, and to expire March 15, 1998:
At-Large:
Ms. Dorothy N. Kirkland, Route 1, Box 292, Blackville, S.C. 29817 VICE Delores A. Bradley (resigned)
Received as information.
June 13, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable James O. McCorkle, 8097 Charlotte Highway, Fort Mill, S.C. 29715
Received as information.
June 20, 1996
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Glynda L. Tucker, Route 3, Box 152, Gray Court, S.C. 29645
Received as information.
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Barry Joe Barnette, 115 Beechwood Drive, Spartanburg, S.C. 29307-2232 VICE Joseph T. Petty (resigned)
Received as information.
(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.
June 18, 1996
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1037, R. 502, an Act:
TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.
At a time when consistent, quality eduction and individual responsibility have never been more crucial, we must as leaders do everything we can to convey that message to our young people. This bill sends the wrong message by reducing the penalties against those who encourage our children to skip school. Instead, we must reaffirm to all South Carolinians our commitment to our children's education and safety.
While I understand that the intent of this Bill is to enable these cases to be heard in magistrates' court in order to have a quicker resolution, this could have been accomplished without decreasing the penalty contained in current law.
For the above reasons, I am vetoing S. 1037, R. 502.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator LEVENTIS spoke on the veto.
Senator LEVENTIS 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:
Cork Jackson Leventis Matthews Saleeby
Alexander Boan Bryan Courson Courtney Drummond Fair Giese Gregory Hayes Holland Hutto Land Lander Leatherman Martin McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Setzler Short Smith, J.V. Waldrep Washington Wilson
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message sent to the House accordingly.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4717, R. 524 by a vote of 88 to 0:
(R524) H. 4717 -- Reps. Sharpe and Rice: AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.
Very respectfully,
Speaker of the House
(R524) H. 4717 -- Reps. Sharpe and Rice: AN ACT TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS AND TO DEFINE TERMS.
The veto of the Governor was taken up for immediate consideration.
Senator WILSON 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 Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Saleeby Setzler Short Smith, J.V. Waldrep Washington Wilson
Leventis
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4600, R. 520 by a vote of 0 to 67:
Part IA, Section 17B, B&C-Division of Operations, Page 67, line 40, -OTHER PERSONAL SERVICE 30,000.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4600, R. 520 by a vote of 0 to 62:
Part IB, Section 11, Attorney General's Office, Page 407, proviso 11.10.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4600, R. 520 by a vote of 1 to 75:
Part II, Section 64, page II-65 - Insurance Fraud-
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4600, R. 520 by a vote of 0 to 77:
Part II, Section 79, pages II-73 and II-74 - Qualifications for 4% Assessment Ratio-
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4600, R. 520 by a vote of 0 to 78:
Part II, Section 84, pages II-76 and II-77 - Greige Mills Machinery and Equipment Tax Exemption-
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 26, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4600, R. 520 by a vote of 41 to 60:
Part II, Section 101, pages II-85 and II-86 - County Delegation Payments in Lieu of the Provision of Office Space-
Very respectfully,
Speaker of the House
Received as information.
At 3:37 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 3:45 P.M.
There was no objection and a message was sent to the House accordingly.
At 3:40 P.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.
At 3:45 P.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 26, 1996, at 3:45 P.M. and the following Acts and Joint Resolution were ratified:
(R530) S. 1101 -- Senator Holland: AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND BY ADDING SECTION 7-13-72 SO AS TO PROVIDE FOR THE APPOINTMENT OF MANAGERS AND CLERKS.
(R531) S. 1117 -- Education Committee: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED FOR PUBLIC SCHOOL FACILITIES ASSISTANCE.
(R532) S. 1216 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, MAKE THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, AS AMENDED, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, AS AMENDED, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
(R533) H. 3446 -- Rep. Sharpe: AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 20 SO AS TO ENACT PROVISIONS TO REGULATE CONFINED SWINE FEEDING OPERATIONS, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, FEES, PUNISHMENT FOR VIOLATIONS OF THIS CHAPTER, AND THE PROMULGATION OF REGULATIONS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO PROVIDE THAT NO ESTABLISHED AGRICULTURAL FACILITY OR ANY AGRICULTURAL OPERATION AT AN ESTABLISHED AGRICULTURAL FACILITY IS OR MAY BECOME A NUISANCE, PRIVATE OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR ABOUT THE LOCALITY OF THE FACILITY OR OPERATION, AND TO DELETE CERTAIN LANGUAGE; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS REGARDING CONFINED SWINE FEEDING OPERATIONS, WHICH ADDITIONAL REGULATIONS ARE SEPARATE AND DISTINCT FROM THE REGULATIONS PROMULGATED PURSUANT TO CHAPTER 20, TITLE 47; AND TO PROVIDE THAT WHEN THESE "SEPARATE AND DISTINCT" OR "ADDITIONAL" REGULATIONS ARE APPROVED BY THE GENERAL ASSEMBLY, OR TAKE EFFECT WITHOUT ACTION OF THE GENERAL ASSEMBLY, VARIOUS PROVISIONS CONTAINED IN THIS ACT AND CERTAIN REGULATIONS ARE REPEALED.
(R534) 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: AN ACT 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 1996" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS; BY ADDING ARTICLE 6 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE A FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE; TO AMEND SECTION 16-23-20, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A HUNTER OR FISHERMAN MAY CARRY A PISTOL AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 16-23-460, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF CERTAIN CONCEALED WEAPONS, SO AS TO REVISE THE TYPE OF CONCEALED WEAPONS THAT MAY BE CARRIED WITH AND WITHOUT A PERMIT AND TO REVISE THE PENALTY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO THE PENALTY FOR UNLAWFULLY CARRYING A FIREARM ONTO A PREMISES OF A BUSINESS SELLING CERTAIN ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS OFFENSE WHO POSSESSED A CONCEALABLE WEAPON PERMIT MUST HAVE HIS PERMIT REVOKED; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO CARRYING OR DISPLAYING A FIREARM IN OR AROUND AN EDUCATIONAL INSTITUTION OR A PUBLIC BUILDING, SO AS TO REVISE THE LOCATIONS IN WHICH A FIREARM MAY NOT BE CARRIED ONTO; BY ADDING SECTION 23-31-217 SO AS TO PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 AFFECTS THE PROVISIONS CONTAINED IN SECTION 16-23-20; TO PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 SHALL BE CONSTRUED TO LIMIT, DIMINISH, OR INFRINGE ON CERTAIN RIGHTS; TO AMEND SECTION 10-11-340, RELATING TO PERFORMANCE OF DUTIES BY MEMBERS OF THE GENERAL ASSEMBLY AND PERSONS REQUIRED TO PERFORM DUTIES WITHIN THE CAPITOL BUILDING, SO AS TO REVISE THE PERSONS THIS PROVISION APPLIES TO; TO AMEND SECTION 40-17-120, AS AMENDED, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT PRECLUDE A PRIVATE DETECTIVE FROM OBTAINING A CONCEALABLE WEAPON PERMIT AND THAT A PERSON ISSUED A PERMIT TO CARRY A WEAPON PURSUANT TO THIS PROVISION MAY ALSO OBTAIN A CONCEALABLE WEAPON PERMIT; TO PROVIDE THAT NOTHING CONTAINED IN THIS ACT AFFECTS THE VALIDITY OF CERTAIN PERMITS ISSUED PURSUANT TO ARTICLE 3, CHAPTER 31, TITLE 23; TO PROVIDE THAT A PERSON HOLDING A CONCEALABLE WEAPON PERMIT PURSUANT TO ARTICLE 4, CHAPTER 31, TITLE 23, MAY NOT CARRY A CONCEALABLE WEAPON INTO THE RESIDENCE OF ANOTHER PERSON WITHOUT THE PERMISSION OF CERTAIN PERSONS AND TO PROVIDE PENALTIES; TO PROVIDE THE MANNER IN WHICH THE POSTING OF SIGNS PROHIBITING THE CARRYING OF A CONCEALABLE WEAPON UPON A PREMISES MAY BE SATISFIED; TO PROVIDE THAT A PERSON MAY CARRY A CONCEALABLE WEAPON FROM A MOTOR VEHICLE TO CERTAIN RENTED ROOMS; AND TO REPEAL SECTION 23-31-120 RELATING TO PERSONS TO WHOM WEAPON PERMITS MAY BE ISSUED.
(R535) H. 3845 -- Rep. Cromer: AN ACT TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IN SEPTEMBER OF 1996 AND EVERY THIRD YEAR THEREAFTER IN THE SAME MONTH, RATHER THAN IN NOVEMBER OF EVERY YEAR, THE DEPARTMENT OF PUBLIC SAFETY SHALL FURNISH THE STATE ELECTION COMMISSION A COMPUTER TAPE CONTAINING CERTAIN INFORMATION OF PERSONS OVER EIGHTEEN AND CITIZENS OF THE UNITED STATES RESIDING IN EACH COUNTY WHO HOLD A VALID SOUTH CAROLINA DRIVER'S LICENSE OR AN IDENTIFICATION CARD.
(R536) H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: AN ACT TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED FILING FEES AND COURT COSTS RELATING TO INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED RELEASE CREDITS UNDER CERTAIN CIRCUMSTANCES, TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION, TO PROVIDE THAT THIS CHAPTER IS NOT APPLICABLE TO CERTAIN CASES THAT REQUIRE AN INDIGENT PERSON BE ALLOWED ACCESS TO THE COURTS; AND TO PROVIDE A SEVERABILITY CLAUSE.
(R537) 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 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC-FUNDED RETIREMENT SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF ASSETS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEM, TO PROVIDE FOR THE ESTABLISHMENT OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE THAT THE PANEL SHALL NOT EXIST UNTIL THE GENERAL ASSEMBLY ENACTS IMPLEMENTING LEGISLATION ESTABLISHING THE PANEL, PROVIDING THE TERMS, DUTIES, AND COMPENSATION OF ITS MEMBERS, AUTHORIZING THE INVESTMENTS ALLOWED PURSUANT TO THIS AMENDMENT AND WHICH ALSO MAY PROVIDE THOSE LIMITATIONS ON INVESTMENTS IN EQUITY SECURITIES CONSIDERED PRUDENT BY THE GENERAL ASSEMBLY.
(R538) H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.
(R539) H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: AN ACT TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE PROPERTY TAXATION OF MOTOR CARRIER VEHICLES; TO AMEND SECTION 12-28-310, 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; TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS; TO AMEND SECTION 12-28-1575, RELATING TO NONTAXABLE DYED DIESEL FUEL, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF SUCH FUEL; TO AMEND SECTION 12-28-710, RELATING TO GASOLINE TAX EXEMPTIONS, SO AS TO REVISE SPECIFIC REQUIREMENTS FOR TAX EXEMPTION; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING TO GROSS VEHICLE WEIGHT LIMITATIONS, SO AS TO REVISE THESE LIMITATIONS; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO HIGHWAY FINANCING, SO AS TO PROVIDE FOR A STATE HIGHWAY CONSTRUCTION DEBT SERVICE FUND.
(R540) H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: AN ACT TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES AND TO ADOPT PROVISIONS OF THE INTERNAL REVENUE CODE FOR CERTAIN DETERMINATIONS OF TIME OF FILING AND PAYMENT; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO GIVE THE AUTHORITY TO APPEAL A DEPARTMENTAL DETERMINATION TO THE LOCAL GOVERNING BODY; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCREASE THE MAXIMUM ACREAGE ON WHICH EXEMPTIONS MAY BE CLAIMED FOR PROPERTY ACQUIRED FOR NONPROFIT RESIDENTIAL CONSTRUCTION FOR RESALE TO ECONOMICALLY DISADVANTAGED PERSONS; AND TO AMEND SECTION 12-28-710, RELATING TO GASOLINE TAX EXEMPTIONS, SO AS TO EXEMPT GASOLINE USED IN AIRCRAFT.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The PRESIDENT appointed Senators GLOVER, MARTIN and ALEXANDER to a Committee to Inform the House of Representatives that the Senate had completed its business and was ready to adjourn Sine Die.
The PRESIDENT appointed Senators JACKSON, COURTNEY and CORK to a Committee to Inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Barnwell County Board of Voter Registration, with term to commence June 3, 1996, and to expire March 15, 1998:
At-Large:
Ms. Dorothy N. Kirkland, Route 1, Box 292, Blackville, S.C. 29817 VICE Delores A. Bradley (resigned)
Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Bart S. McGuire, 103 Arroyo Court, Greenwood, S.C. 29646
Having received a favorable report from the Lancaster County Delegation, the following appointment was confirmed in open session:
Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:
Honorable James O. McCorkle, 8097 Charlotte Highway, Fort Mill, S.C. 29715
Having received a favorable report from the Laurens County Delegation, the following appointment was confirmed in open session:
Reappointment, Laurens County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable Glynda L. Tucker, Route 3, Box 152, Gray Court, S.C. 29645
Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Barry Joe Barnette, 115 Beechwood Drive, Spartanburg, S.C. 29307-2232 VICE Joseph T. Petty (resigned)
On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having been reported favorably from Executive Session, on motion of Senator THOMAS, with unanimous consent, the following appointments were confirmed:
Reappointment, Juvenile Parole Board, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
Mr. W.C. Jenkins, 3300 Ebenezer Chase Drive, Florence, S.C. 29501
Initial Appointment, Crime Victims' Ombudsman, with term to commence November 1, 1995, and to expire at the pleasure of the Governor:
Mr. Burton W. Fowles, Jr., 2502 Burney Drive, Columbia, S.C. 29205
On motion of Senators RYBERG and PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Clyde Moultrie Dangerfield, former member of the House of Representatives from the Isle of Palms, S.C.
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George N. Dorn, Sr. of McCormick, S.C., beloved father of George N. Dorn, Jr., Analyst with the Budget and Control Board.
At 4:10 P.M., on motion of Senator DRUMMOND, the Senate adjourned Sine Die in accordance with H. 5041, the Sine Die Resolution.
This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.