Printed Page 2260, May 2
| Printed Page 2280, May 2
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Printed Page 2260, May 2
| Printed Page 2280, May 2
| Senator WILSON spoke on the Point of Order.
Senator PASSAILAIGUE spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.
The amendment was adopted.
Senators HAYES and BRYAN desired to be recorded as voting against the adoption of the amendment.
Senator ELLIOTT proposed the following Amendment No. 166 (JIC\5981HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO IMPOSE A USER FEE OF FIVE CENTS A GALLON ON REFINERS FOR EACH GALLON OF GASOLINE THEY IMPORT INTO THIS STATE, TO PROVIDE FOR THE COLLECTION OF THE FEE, AND TO REQUIRE THE FEE REVENUE TO BE CREDITED TO THE STATE HIGHWAY FUND.
A. Every refiner producing gasoline which is imported into this State shall remit to the Department of Revenue and Taxation a user fee of five cents on each gallon of its gasoline imported into this State. This fee is in addition to any taxes that may be due on the gasoline pursuant to Chapter 28 of Title 12 of the 1976 Code. The Department of Revenue and Taxation shall collect this user fee as if for all purposes it were a gasoline tax imposed pursuant to Section 12-28-310. Revenues of the user fee must be credited to the State Highway Fund.
B. This section is effective July 1, 1996./
Amend sections, totals and title to conform.
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Senator COURTNEY asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator RICHTER objected.
At 12:10 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.
At 12:30 P.M., the Senate resumed.
At 12:30 P.M., Senator McGILL requested a leave of absence beginning at 4:00 P.M. until 10:00 P.M.
At 12:30 P.M., Senator FAIR requested a leave of absence from 1:00 - 1:30 P.M.
At 12:30 P.M., Senator ROSE requested a leave of absence until 7:00 P.M.
Senator WILSON proposed the following Amendment No. 190 (GJK\22805SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 56-3-1820, AS AMENDED, OF THE 1976 CODE, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE WHICH IS IN ADDITION TO THE REGULAR MOTOR VEHICLE REGISTRATION FEE.
Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted `National Guard' and the figure of the `Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."/
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator DRUMMOND spoke on the amendment.
The amendment was adopted.
Senator LANDER proposed the following Amendment No. 192 (PT\2516HTC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 51-23-35 SO AS TO AUTHORIZE THE USE OF PARKS AND RECREATION FUND REVENUES IN THE REPAIR AND RESTORATION OF HISTORIC THEATERS.
Chapter 23, Title 51 of the 1976 Code is amended by adding:
"Section 51-23-35. Notwithstanding the provisions of Section 51-23-20 or any other provision of this chapter, funds allocated to a county area pursuant to the grants program authorized by this chapter may be used for the repair and restoration of historic theaters."/
Amend sections, totals and title to conform.
Senator DRUMMOND moved to lay the amendment on the table.
On motion of Senator DRUMMOND, with unanimous consent, the motion to table was withdrawn.
Senator RICHTER spoke on the amendment.
At 12:43 P.M., on motion of Senator LAND, with Senator RICHTER retaining the floor, the Senate receded from business not to exceed five minutes.
At 12:50 P.M., the Senate resumed.
Senator RICHTER continued arguing in favor of the adoption of the amendment.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 193 (GJK\22804SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SECTION 24-21-12, AS AMENDED, OF THE 1976 CODE, RELATING TO COMPENSATION FOR MEMBERS OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE COMPENSATION THAT MEMBERS SHALL RECEIVE FOR BOARD HEARING DAYS, TO PROVIDE THAT THE PER DIEM OF MEMBERS SHALL BE FOR HEARING DAYS, AND TO PROHIBIT THE PAYMENT OF PER DIEM ON STUDY DAYS FOR THE REVIEW OF CASES.
A. Section 24-21-12 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-12. The members of the board shall draw no salaries, but the chairman of the board is entitled to one hundred seventy-five dollars for each hearing day and each member shall be is entitled to such one hundred fifty dollars for each hearing day. All members shall receive per diem for hearing days as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties. However, no per diem or any
B. This section takes effect July 1, 1996. /1
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
I certify that I took no action in the matter of the adoption of Amendment No. 193 which would preclude my representation of a client under the provisions of Section 8-13-745.
I certify that I took no action in the matter of the adoption of Amendment No. 193 which would preclude my representation of a client under the provisions of Section 8-13-745.
Senator PATTERSON proposed the following Amendment No. 194 (PFM\9364SD.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 8-11-640, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.
Section 8-11-640 of the 1976 Code, as last amended by Act 523 of 1994, is further amended to read:
"Section 8-11-640. All employees of the State as of June 2, 1972, shall receive full credit for employment prior to such date. Following the date of June 2, 1972, all employees who are rehired following a break in service shall be given credit for prior state service to a maximum of ten years for purposes of computing bonus earnings. In the event an
Any permanent employee of a state agency or department must be given full state service credit for prior service as a certified employee of a school district of this State for purposes of computing bonus earnings and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district."/
Amend sections, totals and title to conform.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators MATTHEWS and WASHINGTON proposed the following Amendment No. 206 (PFM\9274AC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 44-93-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE PER TON FROM THIRTY TO SIXTEEN DOLLARS; TO AMEND SECTION 44-93-165, RELATING TO DISTRIBUTION OF FEES FROM THE COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO PROVIDE THAT EIGHT DOLLARS OF THE PER TON FEE MUST BE RETURNED IN A SPECIFIED MANNER TO THE COUNTY IN WHICH THE FEE WAS COLLECTED; AND TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO DELETE CERTAIN LANGUAGE STIPULATING HOW FEES ARE ALLOCATED TO THE FUND AND HOW FEES IN THE FUND MUST BE CREDITED IF THE FUND BALANCE EXCEEDS FIVE MILLION DOLLARS, AND TO PROVIDE THAT IF THE FUND REACHES A BALANCE OF TWO HUNDRED THOUSAND DOLLARS OR LESS, THE SIXTEEN DOLLAR FEE REFERENCED ABOVE MUST BE INCREASED TO THIRTY DOLLARS WITH THE ADDITIONAL FEE AMOUNT BEING CREDITED TO THE FUND UNTIL THE FUND REACHES THREE HUNDRED FIFTY THOUSAND DOLLARS, AND TO REQUIRE ALL MONIES NOW IN THE FUND IN EXCESS OF THREE HUNDRED
A. Section 44-93-160(A) of the 1976 Code, as last amended by Section 30B, Part II, Act 497 of 1994, is further amended to read:
"(A) There is a fee on the treatment of infectious waste in this State equal to thirty sixteen dollars a ton on the pretreatment weight of infectious waste to be imposed upon facilities required to be permitted pursuant to this chapter."
B. Section 44-93-165 of the 1976 Code, as added by Section 30A, Part II, Act 497 of 1994, is amended to read:
"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per ton must be deposited into the Infectious Waste Program Fund. The remaining eight dollars per ton must be returned to the county in which the fee is imposed and collected and released by the County Treasurer upon the written request of a majority of the legislative delegation of the recipient county."
C. Section 44-93-170 of the 1976 Code, as last amended by Section 30C, Part II, Act 497 of 1994, is further amended to read:
"Section 44-93-170. (A) The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste
(B) If the balance in the Infectious Waste Contingency Fund reaches two hundred thousand dollars or less, the fee imposed by Section 44-93-160 is increased to thirty dollars with fourteen dollars being credited to the Infectious Waste Contingency Fund until the fund reaches three hundred fifty thousand dollars, at which time the fee reverts to sixteen dollars per ton."
D. Notwithstanding any other provision of law, all funds now credited to the Infectious Waste Contingency Fund pursuant to Section 44-93-170 of the 1976 Code in excess of three hundred fifty thousand dollars must be distributed pro rata to each county in which the fee imposed by Section 44-93-160 is collected and released by the County Treasurer upon the written request of a majority of the legislative delegation of the recipient county.
E. This section takes effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER desired to be recorded as voting against the adoption of the amendment.
Senator J. VERNE SMITH proposed the following Amendment No. 210 (GJK\22794HTC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-4-380 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION
A. Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-380. The department annually shall report to the General Assembly on the revenue impact of policy documents prescribed, amended, or revoked in the most recently completed fiscal year and in the report shall provide detail on tax liabilities reduced by order of the director."
B. This section is effective with respect to fiscal years beginning after June 30, 1994. /
Amend sections, totals and title to conform.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 216 (JIC\5986AC.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 61-3-440, AS AMENDED, OF THE 1976 CODE, RELATING TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE EXEMPTIONS AND TO REQUIRE APPLICANTS TO PAY A FIVE DOLLAR CERTIFICATION FEE TO DETERMINE IF THE EXEMPTION APPLIES.
Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:
"Section 61-3-440. (A) The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a
(1) `Church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) `School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) `Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.
(B) An applicant for license renewal or for a new license at an existing location shall pay a five dollar certification fee to determine if the exemptions provided for in subsection (A) apply. " /
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators LAND, MESCHER and MATTHEWS proposed the following Amendment No. 222 (4600R410.JCL), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, BY ADDING SECTION 4-9-15, SO AS TO PROVIDE THAT A COUNTY COUNCIL MAY, IN LIEU OF PROVIDING OFFICE SPACE AND APPROPRIATIONS FOR THE OPERATION OF THE COUNTY LEGISLATIVE DELEGATION OFFICE AS REQUIRED BY SECTION 3 OF ACT 283 OF 1975, MAKE DIRECT PAYMENTS TO MEMBERS OF THE DELEGATION TO OFFSET EXPENSES INCURRED BY THE MEMBERS ON BEHALF OF THE DELEGATION, AND TO PROVIDE
Printed Page 2260, May 2
| Printed Page 2280, May 2
| This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.