Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord God, we thank You for sound and silence, for work and leisure, for ever changing skies, spring flowers, singing birds, and windswept fields. We are thankful to know that in a world of sickness there is healing, in a world of tears there is laughter, and in a world of hurt and sorrow there is joy and comfort.
Keep clear in our minds the messages of the Passover and of Easter to inspire us to a greater service to a God Who loves us in great measure. Help us to see in our fellowmen the imprint of God's image.
Hear us, Lord, as we pray in praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Thursday, the SPEAKER ordered it confirmed.
March 31, 1997
The Honorable David H. Wilkins
Speaker of the House
Post Office Box 11867
Columbia, S.C. 29202
Dear Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3339, R. 15, an Act:
TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
This veto is based upon my belief that H. 3339, R. 15 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 3339, R. 15 of 1997.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The Senate returned to the House with amendments the following:
H. 3666 -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998.
The Senate amendments were agreed to, and the Joint Resolution, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.
Rep. SPEARMAN moved that when the House adjourns, it adjourn in memory of the Honorable Larry Gentry of Saluda, former House member, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3174 -- Reps. Knotts and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR THE ISSUANCE OF "CHARTER LIMOUSINE" LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3444 -- Reps. Keegan, Bailey, Kelley and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3363 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3473 -- Reps. Felder, Vaughn, Carnell, Kinon, Lanford, Allison, Harvin, McKay, Kennedy, Neilson, Cobb-Hunter, Koon, Robinson, Cooper, Young-Brickell, H. Brown, R. Smith, Harrell, Kelley, Boan and Riser: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ALLOW AN OPTION UNDER THE MEDICAID PROGRAM PERMITTING CONTINUED MEDICAID COVERAGE FOR PERIODS OF AT LEAST A YEAR AFTER A SEVERELY DISABLED SSI RECIPIENT GAINS COMPETITIVE EMPLOYMENT AND LOSES SSI ELIGIBILITY AS A RESULT OF THE FORMER RECIPIENT'S EARNINGS LEVEL AND TO FURTHER MEMORIALIZE CONGRESS TO ALLOW THIS STATE TO CREATE A DEMONSTRATION PROJECT ALLOWING THE PURCHASE OF MEDICAID COVERAGE THROUGH A SLIDING PREMIUM SCALE BASED ON INCOME FOR PERSONS WITH SEVERE DISABILITIES WHO ARE COMPETITIVELY EMPLOYED BUT WITHOUT ACCESS TO EMPLOYER PROVIDED HEALTH INSURANCE.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3497 -- Reps. Jennings, Baxley, Young, Bailey, Whatley, M. Hines, Scott, J. Hines, G. Brown, Young-Brickell, F. Smith, J. Smith, Cobb-Hunter, Whipper, Neilson, Clyburn, Knotts, Beck, Kinon, Stuart, R. Smith, Cato, Davenport, Riser, Chellis, Wilder, Moody-Lawrence, Bauer, Lloyd, Law, Battle, Meacham, Lanford, Maddox, Seithel, Martin, Jordan and Harrell: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND CIVIC AND COMMUNITY SERVICE ORGANIZATIONS TO IMPLEMENT AND TEACH THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3610 -- Reps. Harvin, Young and Woodrum: A CONCURRENT RESOLUTION REQUESTING THE NATURAL RESOURCES BOARD TO NAME THE GAME SANCTUARY THAT ENCOMPASSES TAWCAW CREEK IN CLARENDON COUNTY THE "GARTH H. MCMASTERS GAME SANCTUARY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 379 -- Senators Leventis, Wilson, Hayes, Lander, McConnell, Ford, Mescher, Passailaigue, Ravenel, Rose, Washington and Williams: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO AMEND THE LAWS, PARTICULARLY SECTION 107 OF TITLE 32 OF THE UNITED STATES CODE, TO BROADEN THE PURPOSES FOR WHICH THE SECRETARIES OF THE ACTIVE COMPONENTS, THROUGH THE NATIONAL GUARD BUREAU, ARE AUTHORIZED TO CONTRIBUTE FEDERAL FUNDS TO A STATE OR TERRITORY, PUERTO RICO, OR THE DISTRICT OF COLUMBIA TO SUPPORT ACTIVITIES ASSOCIATED WITH THE AFFAIRS OF THE ACTIVE COMPONENTS IF THE SECRETARY CONCERNED AND THE CHIEF OF THE NATIONAL GUARD BUREAU AGREE TO DELEGATE RESPONSIBILITY FOR EXECUTING THOSE FUNCTIONS TO THE NATIONAL GUARD.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 546 -- Senator Courson: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE FEDERAL GASOLINE TAX OVER THE NEXT TWO YEARS IN ORDER TO PROMOTE EFFICIENCY OF HIGHWAY FUNDS AND TO ELIMINATE WASTE AND DUPLICATION SINCE THE NATIONAL HIGHWAY SYSTEM IS COMPLETE AND TO PROVIDE THAT THIS RESOLUTION BE KNOWN AS THE RESOLUTION ON FEDERAL GASOLINE TAX.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 262 -- Senators Peeler and Setzler: A BILL TO AMEND SECTION 56-3-7860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SHRINER LICENSE PLATES, SO AS TO DELETE THE PROVISION THAT ONLY ONE PLATE MAY BE ISSUED TO A SHRINER.
Ordered for consideration tomorrow.
On motion of Rep. KNOTTS, with unanimous consent, the following was taken up for immediate consideration:
H. 3738 -- Reps. Knotts, Bauer, Gamble, Koon, Riser, Spearman and Stuart: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO LEXINGTON COUNTY SHERIFF JAMES METTS, DEPUTY GREG SMITH, DETECTIVES BILLY ALLEN AND DAVID GRICE, AND STATE LAW ENFORCEMENT DIVISION AGENT TERRY ALEXANDER ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR EFFORTS IN RESOLVING THE ST. JOHN BAPTIST CHURCH INVESTIGATION.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to Lexington County Sheriff James Metts, Deputy Greg Smith, Detectives Billy Allen and David Grice, and State Law Enforcement Division Agent Terry Alexander on a date and at a time to be determined by the Speaker, for the purpose of being recognized for their efforts in resolving the St. John Baptist Church Investigation.
The Resolution was adopted.
On motion of Rep. BATTLE, with unanimous consent, the following was taken up for immediate consideration:
H. 3739 -- Reps. Battle and M. Hines: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE AUCTIONEERS BASKETBALL TEAM OF MULLINS HIGH SCHOOL, COACHES, STAFF, AND SCHOOL OFFICIALS, ON WEDNESDAY, APRIL 9, 1997, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1997 CLASS AA STATE CHAMPIONSHIP IN BOYS BASKETBALL.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Auctioneers basketball team of Mullins High School, coaches, staff, and school officials, on Wednesday, April 9, 1997, at a time to be determined by the Speaker, for the purpose of being recognized for winning the 1997 Class AA State Championship in boys basketball.
The Resolution was adopted.
On motion of Rep. WHATLEY, with unanimous consent, the following was taken up for immediate consideration:
H. 3740 -- Reps. Whatley, Whipper, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack and Seithel: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NORTH CHARLESTON "COUGARS" BOYS BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, APRIL 17, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1996-97 CLASS 6-AAAA STATE BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the North Charleston "Cougars" Boys Basketball Team, coaches, and other school officials on Thursday, April 17, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1996-97 Class 6-AAAA State Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 3741 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE HARRY M. LOWDER OF TURBEVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3742 -- Reps. Battle and M. Hines: A CONCURRENT RESOLUTION CONGRATULATING MULLINS HIGH SCHOOL ON WINNING THE CLASS AA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3743 -- Reps. Whatley, Whipper, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack and Seithel: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE NORTH CHARLESTON "COUGARS" BOYS BASKETBALL TEAM AND THEIR COACHES ON AN EXCEPTIONAL SEASON AND ON WINNING THE 1996-97 CLASS 6-AAAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 464 -- Senators Ford and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF JUSTICE TO APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE THE FINDINGS MADE BY A UNITED STATES DISTRICT COURT JUDGE THAT PROSECUTORS EMPLOYED IN THE UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF SOUTH CAROLINA COMMITTED EGREGIOUS PROSECUTORIAL MISCONDUCT IN THE COURSE OF PROSECUTING CASES UNDER THE STING OPERATION POPULARLY KNOWN AS "OPERATION LOST TRUST".
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
H. 3745 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:
H. 3746 -- Rep. Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BULLDOGS BASKETBALL TEAM OF HOLLY HILL-ROBERTS HIGH SCHOOL, COACHES, STAFF, AND SCHOOL OFFICIALS, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Bulldogs basketball team of Holly Hill-Roberts High School, coaches, staff, and school officials, on a date and at a time to be determined by the Speaker, for the purpose of being recognized for winning the 1997 Class AAA state championship in boys basketball.
The Resolution was adopted.
The following was introduced:
H. 3747 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 1997, AND FRIDAY, JUNE 13, 1997.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3748 -- Rep. Beck: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE GIRL SCOUTS FROM ACROSS THE STATE OF SOUTH CAROLINA WHO ABLY SERVED AS PAGES IN THE HOUSE DURING THE WEEK OF MARCH 10-15, 1997.
The Resolution was adopted.
The following was introduced:
H. 3749 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. EDWARD GREENE OF HORRY COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3750 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. CLEVE NOEL OF GREENVILLE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3751 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. TERRY C. TITUS OF OCONEE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3752 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. RICHARD R. PERDUE OF GREENVILLE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3753 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. WOODIE P. WILLIAMS, JR., OF OCONEE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3754 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. J. GIVENS YOUNG OF FLORENCE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3755 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE NEWS OF KINGSTREE ON THE AWARDS IT WON AT THE SOUTH CAROLINA PRESS ASSOCIATION'S 1997 WINTER MEETING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3756 -- Reps. Limehouse, Bailey, Battle, Bauer, Bowers, J. Brown, T. Brown, Campsen, Canty, Chellis, Dantzler, Delleney, Edge, Gamble, Gourdine, Harrell, Hinson, Hodges, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Leach, Mason, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Pinckney, Rhoad, Rice, Rodgers, Scott, Seithel, Sharpe, Sheheen, F. Smith, Spearman, Stille, Stuart, Tripp, Walker, Whatley, Whipper and Witherspoon: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO REQUIRE THAT BLACK SEA BASS BE PROCESSED, MARKETED, AND SOLD WITH THE HEAD AND TAIL FINS INTACT.
Rep. LIMEHOUSE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SHARPE objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3757 -- Reps. Hinson, Altman, Chellis, Woodrum, Gourdine, Seithel, Simrill, Dantzler, Howard, Allison and Limehouse: A BILL TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE AMOUNT WHICH MAY BE EARNED BY A RETIREE UNDER THE STATE RETIREMENT SYSTEM UPON RETURN TO COVERED EMPLOYMENT; AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING IN PART TO THE LIMITATION ON THE AMOUNT WHICH MAY BE EARNED BY A RETIREE UNDER THE POLICE RETIREMENT SYSTEM UPON RETURN TO COVERED EMPLOYMENT, SO AS TO PROVIDE THAT CONSULTING FEES PAID TO RETIRED MEMBERS OF THESE SYSTEMS BY AN EMPLOYER COVERED BY THESE SYSTEMS ALSO ARE CONSIDERED EARNINGS WITHIN THE MEANING OF SUCH EARNINGS LIMITATIONS.
Referred to Committee on Ways and Means.
H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3759 -- Rep. Felder: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT PROPERTY OWNED AND USED BY A COUNTY FAIR ASSOCIATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501(C) OF THE UNITED STATES INTERNAL REVENUE CODE.
Referred to Committee on Ways and Means.
H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3761 -- Reps. Martin, Cobb-Hunter, Sheheen, Rodgers, Cave, Woodrum, Allison, Hinson, Walker, McMahand, Stille, Neal, Moody-Lawrence, Miller, Kirsh, Lloyd, Littlejohn, Harvin, Askins and Barrett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO REQUIRE ALL VEHICLES TO HAVE A STANDARD STATE LICENSE PLATE ON THE REAR BUMPER OF THE VEHICLE AND TO PROVIDE THAT SPECIAL AND COMMEMORATIVE LICENSE PLATES MAY BE PLACED ONLY ON THE FRONT BUMPER OF A VEHICLE.
Referred to Committee on Education and Public Works.
H. 3762 -- Reps. Klauber, Barrett, Campsen, Sandifer, McKay, Mullen, Edge, Robinson, Meacham, Carnell and Quinn: A BILL TO AMEND SECTION 12-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMEOWNERS' ASSOCIATION PROPERTY FOR PURPOSES OF EQUALIZATION AND REASSESSMENT, SO AS TO PROVIDE FOR DESIGNATION BY THE HOMEOWNERS' ASSOCIATION AND APPLICATION FOR SPECIAL VALUATION OF ONE OR MORE TRACTS OR PARCELS OF LAND.
Referred to Committee on Ways and Means.
H. 3763 -- Reps. Martin, Barfield, Neilson, J. Hines, Inabinett, Sandifer, Cobb-Hunter, Lanford, Barrett, Moody-Lawrence, Cave, Littlejohn, Trotter, Townsend, Carnell, Lloyd, Govan, McKay, Harrison, Stille, Davenport, Webb, Parks, Riser, Miller, Allison, Spearman, Askins, F. Smith, Maddox, Jordan, Wilder, Battle, Wilkes and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-770 SO AS TO REQUIRE PHARMACIES PARTICIPATING IN THE STATE HEALTH PLAN TO BILL THE PLAN FOR REIMBURSEMENT AFTER EMPLOYEES ELIGIBLE FOR REIMBURSEMENT HAVE MET THEIR DEDUCTIBLE AND TO REQUIRE EMPLOYEES TO PAY THEIR COPAYMENT AT THE TIME A PRESCRIPTION IS FILLED.
Referred to Committee on Ways and Means.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Referred to Committee on Labor, Commerce and Industry.
H. 3765 -- Reps. Tripp, Klauber, Davenport, Cromer, Hamilton, McMahand, Loftis and F. Smith: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICE DISTRICTS BY ADDING ARTICLE 10 SO AS TO ENACT THE SOUTH CAROLINA PUBLIC HOSPITAL FAIRNESS ACT AND TO REQUIRE PUBLIC HOSPITALS PROVIDING REGIONAL SERVICES TO ALLOW OTHER ACUTE CARE HOSPITAL FACILITIES WITHIN THE SERVICE DISTRICT TO PURCHASE THE REGIONAL SERVICE AND TO PROVIDE PROCEDURES AND REMEDIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3766 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3767 -- Reps. Townsend, Sharpe, G. Brown, Webb and Riser: A BILL TO AMEND SECTION 57-3-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE WIDTH OF COTTON MODULAR VEHICLES.
Referred to Committee on Education and Public Works.
H. 3768 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT MAKE CERTAIN HEALTH CARE AND MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO COVER CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES; AND TO PROVIDE A SEVERABILITY PROVISION.
Referred to Committee on Judiciary.
H. 3769 -- Reps. Spearman, Cromer and Mullen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST LOTTERIES, SO AS TO AUTHORIZE THE STATE TO CONDUCT LOTTERIES AND TO PROVIDE THAT NO MORE THAN FIFTEEN PERCENT OF REVENUES GENERATED BY THE LOTTERY MAY BE USED FOR OPERATIONAL EXPENSES, THAT FIFTY PERCENT MUST BE EXPENDED IN PRIZES, AND THAT THE REMAINDER MUST BE USED FOR SCHOLARSHIPS FOR IN-STATE RESIDENTS TO ATTEND IN-STATE POST-SECONDARY INSTITUTIONS AND TO PROVIDE SCHOLARSHIP ELIGIBILITY REQUIREMENTS.
Referred to Committee on Ways and Means.
H. 3770 -- Reps. Kelley, Harrison and Keegan: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
Referred to Committee on Judiciary.
H. 3771 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS, TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3772 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Littlejohn: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PURCHASE AND HOLD LAND FOR SALE AT A LATER DATE TO ONE OR MORE INDUSTRIAL CUSTOMERS.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3773 -- Reps. Limehouse, Seithel, Meacham, Young, Knotts, McKay, Martin, Sandifer, Gamble, Whatley, Battle, Mason, Allison, Young-Brickell, Cato, Koon, Riser, Campsen and Tripp: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DRIVER'S FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED TO STOP BY A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND TO DELETE THE PROVISION THAT PROVIDES FOR EXPUNGEMENT OF CERTAIN ARRESTS AND CONVICTIONS.
Referred to Committee on Judiciary.
H. 3774 -- Reps. Limehouse, Mason, Seithel, Meacham, Koon, Young, Young-Brickell, Martin, Knotts, Gamble, Barrett, Whatley, Law, Battle, Davenport, Allison, McMaster, Riser, Cato, Campsen, Tripp and Littlejohn: A BILL TO AMEND SECTION 16-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER, SO AS TO REVISE THE PENALTIES AND TO PROVIDE PENALTIES FOR OPPOSING OR RESISTING A LAW ENFORCEMENT OFFICER WHILE USING A WEAPON.
Referred to Committee on Judiciary.
H. 3779 -- Rep. Jennings: A BILL TO AMEND SECTION 17-23-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDICTMENT OR FAILURE TO INDICT AND TRIAL OF PERSONS COMMITTED FOR TREASON OR FELONY, SO AS TO DEFINE A "TERM OF COURT".
Referred to Committee on Judiciary.
S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.
Referred to Committee on Labor, Commerce and Industry.
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Referred to Committee on Ways and Means.
S. 289 -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Referred to Committee on Judiciary.
S. 294 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-28 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE GREENWOOD WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 451 -- Senators McConnell and Giese: A BILL TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE-YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Referred to Committee on Labor, Commerce and Industry.
S. 452 -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 3775 -- Reps. Vaughn, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, McMahand, Rice, F. Smith, Tripp, Wilkins, Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Walker and Wilder: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES OF AMERICA TO TAKE THE NECESSARY ACTION WITH RESPECT TO THE FEDERAL AVIATION ADMINISTRATION TO RELEASE THE FUNDS REQUIRED TO COMPLETE THE GREENVILLE-SPARTANBURG AIRPORT EXPANSION PROJECT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3776 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE RAVENEL ELEMENTARY SCHOOL OF SENECA, SOUTH CAROLINA, ITS PRINCIPAL, CATHY WATSON, AND ITS FACULTY, STAFF, PARENTS, AND STUDENTS FOR THEIR SCHOOL'S SELECTION AS A CAROLINA FIRST PALMETTO'S FINEST SCHOOL FOR 1996-97, AND TO RECOGNIZE THEM FOR THEIR OUTSTANDING EDUCATIONAL ACHIEVEMENTS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3777 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. BEN FLOYD OF CLARENDON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT THREE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3778 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING REVEREND JULIAN BOYD GAMBLE AND HIS LOVELY WIFE, MRS. HARRIET HARDEN GAMBLE, OF CLARENDON COUNTY FOR THEIR MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO EDUCATION, COMMUNITY, AND CHURCH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 1.
Steve P. Lanford Ralph W. Canty
DOCTOR OF THE DAY
Announcement was made that Dr. Thomas Rowland of Columbia is the Doctor of the Day for the General Assembly.
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3704 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3706 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MOTOR VEHICLE MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3707 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.
H. 3709 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.
The following Bill was taken up.
H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1108CM.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 3710-5, by deleting Section 56-1-175(B)(2) and inserting:
/(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours./
Amend further, SECTION 9, page 3710-10, Section 56-1-180(B)(2), Line 18 following /hours/ by inserting / . / and continuing on line 18 through line 20, by deleting /or during nighttime hours no later than midnight and no earlier than six o'clock a.m./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20438CM.97).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 56-1-640 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(A) The department shall report each conviction of a person from another party state occurring within South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings.
(B) The licensing authority of another party state shall report each conviction of a person from South Carolina occurring within its jurisdiction to the department within five years of the conviction."/
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Reps. FLEMING and F. SMITH objected to the Bill.
Reps. KNOTTS, McMAHAND, R. SMITH, SCOTT and MASON requested debate on the Bill.
The following Bill was taken up.
S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Reps. D. SMITH, DELLENEY, CANTY and HARRISON proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9286DW.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-19-100 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the commission to be qualified to serve in these situations within two four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."
SECTION 2. Section 2-19-110 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration. Upon a vacancy in the office of master-in-equity, candidates therefor shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of resignation or retirement pursuant to written notice thereof."
SECTION 3. Section 14-11-20 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 14-11-20. Pursuant to the provisions of Section 2-19-110, Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of thirty-two years upon his appointment, has not been a licensed attorney for at least eight years upon his appointment, has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the court of common pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 4. Section 9-8-120(4) of the 1976 Code, as last amended by Section 5, Act 610 of 1990, is further amended to read:
"(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State. If his election is to engage in the practice of law, it is irrevocable and he may not thereafter be appointed by the Chief Justice to serve as a justice or judge in the courts of this State. If his election is to be eligible for appointment to serve as a justice or judge in the courts of this State and not to practice law, he may at any time thereafter change such election and decide to engage in the practice of law, at which point his decision becomes irrevocable."
SECTION 5. This act takes effect July 1, 1997./
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4230CM.97).
Amend the bill, as and if amended, Section 56-3-7950(C), page 2, line 23, by deleting /one/ and inserting /three/.
When amended Section 56-3-7950(C) reads:
/(C) The department shall receive three hundred or more applications requesting a special license plate for a fraternity or sorority before a specialized license plate may be developed for that organization./
Amend further Section 56-3-7950, page 2, after line 25, by adding:
/(D) A special license plate issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization./
Reletter subsections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
Reps. KIRSH, McLEOD, ROBINSON and SIMRILL requested debate on the Bill.
Rep. BREELAND spoke in favor of the amendment.
Rep. YOUNG-BRICKELL requested debate on the Bill.
Rep. SPEARMAN, with unanimous consent, made a statement relative to the Honorable Larry Gentry, former House member, who ably and diligently served from 1979-92. He was loved and respected by all who knew him.
On motion of Rep. SPEARMAN, the House stood in silent prayer in memory of Rep. Larry Gentry, former House member.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.
The following Concurrent Resolution was taken up.
H. 3544 -- Reps. Davenport, Barfield, Seithel, Altman, Chellis, Meacham, Stoddard, Littlejohn, Lanford, Miller, Phillips, Cooper, Witherspoon, McCraw, Leach, Haskins, Riser, Limehouse and Battle: A CONCURRENT RESOLUTION MEMORIALIZING THE LEGISLATURE OF THE STATE OF NEW YORK TO PASS APPROPRIATE LEGISLATION TO REQUIRE THE REINSTATEMENT OF THE STATE FLAG OF GEORGIA IN ITS PROPER PLACE IN THE HALL OF FLAGS AT THE NEW YORK CAPITOL, OR, IN THE ALTERNATIVE, TO REMOVE ALSO THE STATE FLAG OF SOUTH CAROLINA FROM THE NEW YORK CAPITOL'S HALL OF FLAGS.
Rep. DAVENPORT moved to adjourn debate upon the Concurrent Resolution until Thursday, April 17, which was adopted.
The motion period was dispensed with on motion of Rep. HASKINS.
Rep. SHARPE moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. NEILSON a temporary leave of absence.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3089 -- Reps. D. Smith, Hodges, Cobb-Hunter, Byrd, Cotty, Jennings, Clyburn, Delleney, Young, Maddox, Allison, Leach, Limbaugh, Klauber, Knotts, Felder, Stille, Seithel, Bailey, Walker, Wilkes, Kinon, Stuart, Battle, Harrison and J. Smith: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF THE SAFETY BELT LAW, SO AS TO INCREASE THE PENALTIES FROM TEN TO TWENTY-FIVE DOLLARS FOR A VIOLATION AND FROM TWENTY TO FIFTY DOLLARS FOR EACH INCIDENT AND TO DELETE THE PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE LAW.
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7180AC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-6520 of the 1976 Code is amended to read:
"Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen eighteen years of age to wear a safety belt or other child restraint system."
SECTION 2. Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:
"(9) occupants of the back seat of a motor vehicle who are eighteen years of age and older unless the vehicle is equipped with a shoulder harness in addition to the lap belt;
(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."
SECTION 3. Section 56-5-6540 of the 1976 Code is amended to read:
"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty twenty-five dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:
(1) An occupant of the motor vehicle under the age of eighteen is not wearing a safety belt or other child restraint system; or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action."
SECTION 4. This act takes effect six months after approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted by a division vote of 61 to 20.
Rep. CARNELL proposed the following Amendment No. 2A (Doc Name P:\AMEND\JIC\6045CM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 56-1-640 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(A) The department shall report each conviction of a person from another party state occurring within South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings.
(B) The licensing authority of another party state shall report each conviction of a person from South Carolina occurring within its jurisdiction to the department within five years of the conviction."/
Renumber sections to conform.
Amend title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRISON raised the Point of Order that Amendment No. 2 was not germane to the Bill.
Rep. CARNELL argued contra.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barrett Battle Beck Boan Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Edge Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Inabinett Jordan Kelley Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin Mason McCraw McLeod McMahand McMaster Moody-Lawrence Mullen Neal Parks Pinckney Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Stille Townsend Tripp Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young
Those who voted in the negative are:
Barfield Bauer Baxley Bowers Brown, T. Cato Chellis Cooper Dantzler Davenport Fleming Kennedy Kirsh Lanford Loftis Meacham Miller Rhoad Simrill Trotter Vaughn Witherspoon Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3397 -- Reps. Wilkins, D. Smith, Limbaugh, Haskins, Robinson, Cato, Knotts, Harrison, Loftis, Delleney, Davenport, Vaughn, Easterday, Young-Brickell, Cotty, McMaster, Fleming, Harrell, Allison, Law, Riser, Mason, Simrill, Cooper, Barrett, H. Brown, Sandifer, Rice, Hinson, Sharpe, Seithel, R. Smith, Kelley, Chellis, Klauber, Cromer, Dantzler, Meacham, Keegan, Trotter, Tripp, Lanford, Whatley, Littlejohn, Edge, Quinn, Kirsh, Bauer, Jordan and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, 6-1-85, AND 59-73-35, SO AS TO LIMIT THE REVENUE RAISING AUTHORITY OF MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS, INCLUDING A PROHIBITION ON REAL ESTATE TRANSFER FEES AND TAXES, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS, SO AS TO PROVIDE THE USES FOR THE IMPOSITION OF UNIFORM SERVICE CHARGES AND THE CREDITING OF CHARGE REVENUE, AND TO PROVIDE FOR THE SEVERANCE OF OTHER PARTS OF THIS ACT IF ANY PORTION OF IT IS HELD UNCONSTITUTIONAL, INVALID, OR OTHERWISE INEFFECTIVE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20407HTC.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 4-9-55 of the 1976 Code, as added by Act 157 of 1993, is amended to read:
"Section 4-9-55. (A). No A county may not be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:
(1) funds have been appropriated that have been estimated by the Division of Budget and Analyses at the time of enactment to be sufficient to fund the expenditures;
(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;
(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;
(4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.
(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.
(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) (5) the Department of Education;
(7) special appropriations acts;
(8) (6) laws reauthorizing but not expanding then-existing statutory authority;
(9) (7) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions.
(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section."
SECTION 2. Sections 4-10-10 through 4-10-100 of the 1976 Code are designated as Article 1, Chapter 10 of Title 4, entitled "Local Option Sales Tax."
SECTION 3. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-300. This article may be cited as the 'Capital Project Sales Tax Act'.
Section 4-10-310. Subject to the requirements of this article, the county governing body may impose a one percent sales and use tax by ordinance, subject to a referendum, within the county area for a specific purpose or purposes and for a limited amount of time to collect a limited amount of money. The revenues collected pursuant to this article may be used to defray debt service on bonds issued to pay for projects authorized in this article. However, at no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this article, pursuant to Chapter 37 of Title 4, or pursuant to any local law enacted by the General Assembly.
Section 4-10-320. (A) The governing body of any county is authorized to create a commission subject to the provisions of this section. The commission consists of six members, all of whom must be residents of the county, appointed as follows:
(1) The governing body of the county must appoint three members of the commission.
(2) The municipalities in the county must appoint three members, who must be residents of incorporated municipalities within the county, and who are selected according to the following mechanism:
(a) The total population of all incorporated municipalities within the county, as determined by the most recent United States census, must be divided by three, the result being an apportionate average.
(b) The respective population of each municipality in the county must be divided by the apportionate average to determine an appointive index.
(c) Each municipality in the county appoints a number of members to the commission equal to the whole number indicated by their appointive index. However, no single municipality may appoint more than two members to the commission; unless there is only one municipality in the county, and in such case the municipality is entitled to three appointments to the commission.
(d) When less than three members are selected to the commission in accordance with the prescribed appointive index method, the remaining member or members must be selected in a joint meeting of the commission appointees of the municipalities in the county. The member or members must be chosen from among the residents of the municipalities in the county that before this time have not provided a representative for the commission.
(e) In the event no municipality is entitled to appoint a member to the commission pursuant to the formula in subitem (c) of this subsection, the municipality with the highest appointive index must be deemed to have an appointive index of one.
(B) When the governing body of any county creates a commission, it must be created in accordance with the procedures specified in subsection (A) and only upon the request of the governing body of the county. If within the thirty-day period following the adoption of a resolution to create the commission, one or more of the municipalities fails or refuses to appoint their proportionate number of members to the commission, the county governing body must appoint an additional number of members equal to the number that any such municipality is entitled to appoint. A vacancy on the commission must be filled in the manner of the original appointment.
(C) The commission created pursuant to this section must consider proposals for funding capital projects within the county area. The commission then formulates the referendum question that is to appear on the ballot pursuant to Section 4-10-330(D).
Section 4-10-330. (A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county governing body containing the ballot question formulated by the commission pursuant to subsection 4-10-320(C), subject to referendum approval in the affected area. The ordinance must specify:
(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county and municipalities located in the county area, and may include the following types of projects:
(a) highways, roads, streets, and bridges;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) jointly operated projects of the county, a municipality and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) of this subsection;
(g) any combination of the projects described in subitems (a) through (f) of this item;
(2) the maximum time, stated in terms of calendar or fiscal years or quarters, or a combination thereof, not to exceed seven years from the date of imposition, for which the tax may be imposed;
(3) the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax; and
(4) any other condition precedent, as determined by the commission, to the imposition of the sales and use tax authorized by this article or condition or restriction on the use of sales and use tax revenue collected pursuant to this article.
(B) When the tax authorized by this article is imposed for more than one purpose, the enacting ordinance must set forth the priority in which the net proceeds are to be expended for the purposes stated. The enacting ordinance may set forth a formula or system by which multiple projects are funded simultaneously.
(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the county area. The referendum must be held only on the Tuesday following the first Monday in November in general election years. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law.
(D) The referendum question to be on the ballot must read substantially as follows:
'Must a special one percent sales and use tax be imposed in (county) for not more than (time) to raise the amounts specified for the following purposes?
(1) $______ for _________
(2) $______ for _________
(3) etc.
(E) All qualified electors desiring to vote in favor of imposing the tax for the stated purposes shall vote 'yes' and all qualified electors opposed to levying the tax shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and the enacting ordinance. A subsequent referendum on this question may not be held more than once in a year and must be held on the date prescribed in subsection (C). The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county governing body and to the Department of Revenue. Expenses of the referendum must be paid by the governmental entities that would receive the proceeds of the tax in the same proportion that those entities would receive the net proceeds of the tax.
(F) Upon receipt of the returns of the referendum, the county governing body must, by resolution, declare the results thereof. In such event, the results of the referendum, as declared by resolution of the county governing body, are not open to question except by a suit or proceeding instituted within thirty days from the date such resolution is adopted.
Section 4-10-340. (A) If the tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(B) The tax terminates on the earlier of:
(1) the final day of the maximum time period specified for the imposition; or
(2) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question.
(C) Amounts collected in excess of the required net proceeds must first be applied, if necessary, to complete a project for which the tax was imposed; otherwise, the excess funds must be credited to the general fund of the governmental entities receiving the proceeds of the tax, in the proportion which they received the net proceeds of the tax while it was imposed.
Section 4-10-350. (A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 must identify the county, municipality, or both, in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are required to report sales in the county, municipality, or both, in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county, municipality, or combination thereof, must report separately in his sales tax return the total gross proceeds from business done in each county or municipality.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.
(G) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 4-10-360. The revenues of the tax collected under this article must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations.
Section 4-10-370. The Department of Revenue shall furnish data to the State Treasurer and to the county treasurers receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to counties and municipalities upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240."
SECTION 4. Sections 6-1-10 through 6-1-110 of the 1976 Code are designated as Article 1, Chapter 1 of Title 6, entitled "General Provisions."
SECTION 5. Section 6-1-70 of the 1976 Code, as added by Act 497 of 1994, is amended to read:
"Section 6-1-70. The governing body of each county and , municipality, school district, or special purpose district may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax. Provided, however, that all other provisions of law notwithstanding, local governmental entities having already levied, collected, and spent such real property transfer fees or taxes for the intended purpose of the fee or tax shall not be required to remit any of those revenues to the State. which enacts and collects any fee which is charged on the transfer of real estate shall, not later than ten days after the close of a fiscal year quarter, remit to the State Treasurer an amount equal to the amount of real estate transfer fees collected in the previous fiscal year quarter. The county or municipality may voluntarily elect to have the State Treasurer or Comptroller General, as appropriate, deduct the amount required to be remitted from any distributions authorized to be made to the county or municipality under Aid to Subdivisions."
SECTION 6. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. (A) The Budget and Control Board, Division of Budget and Analyses, shall monitor and review the tax burden borne by the classes of property listed in Article X, Section 1 of the State Constitution. To determine the tax burden of each class of property, the Division of Budget and Analyses may use a ratio that compares total property taxes paid by the property class divided by the total fair market value of the property class. The Department of Revenue shall provide to the Division of Budget and Analyses the information on assessed values and fair market values of properties as collected in accordance with Section 59-20-20(3).
(B) The Budget and Control Board, Division of Budget and Analyses, shall develop a methodology to determine and estimate tax incidence. A tax incidence statement, prepared by the Division of Budget and Analyses, must be attached to any bill or resolution that has the potential to cause a shift in tax incidence. The tax incidence refers to the ultimate payer of a tax.
(C) The Budget and Control Board, Division of Budget and Analyses, may consult with outside experts with respect to fulfilling the requirements of subsections (A) and (B) of this section.
(D) Reports of the Budget and Control Board, Division of Budget and Analyses required under this section must be published and reported to the Governor, the members of the Budget and Control Board, the members of the General Assembly and made available to the public."
SECTION 7. Chapter 1, Title 6 of the 1976 Code is amended by adding:
Section 6-1-300. As used in this article:
(1) 'Consumer price index' means the consumer price index for all-urban consumers published by the U.S. Department of Labor. In the event of a revision of the consumer price index, the index that is most consistent with the consumer price index for all-urban consumers as calculated in 1996 must be used.
(2) 'Intergovernmental transfer of funding responsibility' means an act, resolution, court order, administrative order, or other action by a higher level of government that requires a lower level of government to use its own funds, personnel, facilities or equipment.
(3) 'Local governing body' means the governing body of a county or municipality. As used in Section 6-1-320 only, local governing body also refers to the body authorized by law to levy school taxes.
(4) 'New tax' is a tax that the local governing body had not enacted as of December 31, 1996.
(5) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
(6) 'Service or user fee' means a charge required to be paid in return for a particular government service or program made available to the payer that benefits the payer in some manner different from the members of the general public not paying the fee.
(7) 'Specifically authorized by the General Assembly' means an express grant of power:
(a) in a prior act;
(b) in Article 3, Chapter 10 of Title 4, the 'Capital Project Sales Tax Act'; Article 5, Chapter 1 of Title 6, the 'Local Accommodations Tax Act', Article 7, Chapter 1 of Title 6, the 'Local Hospitality Tax Act', and Section 10 of this act; or
(c) in a future act.
Section 6-1-310. A local governing body may not impose a new tax after December 31, 1996, unless specifically authorized by the General Assembly.
Section 6-1-315. By ordinance adopted by a positive majority vote, a local governing body may impose a business license tax or increase the rate of a business license tax, authorized by Sections 4-9-30(12) and 5-7-30.
Section 6-1-320. (A) Notwithstanding Section 12-37-251(E), a local governing body may only increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the prior tax year to the extent of the increase in the consumer price index for the preceding fiscal year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate.
(B) Notwithstanding the limitation upon millage rate increases contained in subsection (A), the millage rate limitation may be suspended and the millage rate may be increased for the following purposes:
(1) in response to a natural, environmental or other disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with state legislative, administrative, or judicial intergovernmental transfers of funding responsibility requiring the use of county or municipal funds, personnel, facilities or equipment;
(4) to offset a reduction in the total property tax base used to set the millage rate for the previous property tax year;
(5) to offset a reduction in revenue received from the Local Government Fund;
(6) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030, if applicable.
(C) The millage rate limitation provided for in subsection (A) of this section may be overridden and the millage rate may be further increased by a positive majority vote of the appropriate governing body. The vote must be taken at a specially-called meeting held solely for the purpose of taking a vote to increase the millage rate. The governing body must provide public notice of the meeting notifying the public that the governing body is meeting to vote to override the limitation and increase the millage rate. Public comment must be received by the governing body prior to the override vote.
(D) The restriction contained in this section does not affect millage that is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
(E) The provisions of this section repeal any existing provision of law limiting millage rate increases of a school district, thereby giving the above limitation to all districts that were formerly under other fiscal limitations
(F) The positive majority vote of the governing body required by this section does not apply to school districts that have their budget approved by qualified electors at a town meeting.
Section 6-1-330. (A) A local governing body, by ordinance approved by a positive majority, is authorized to charge and collect a service or user fee. A local governing body must provide public notice of any new service or user fee being considered and the governing body is required to hold a public hearing on any proposed new service or user fee prior to final adoption of any new service or user fee. Public comment must be received by the governing body prior to the final reading of the ordinance to adopt a new service or user fee. A fee adopted or imposed by a local governing body prior to December 31, 1996, remains in force and effect until repealed by the enacting local governing body, notwithstanding the provisions of this section.
(B) The revenue derived from a service or user fee imposed to finance the provision of public services must be used to pay costs related to the provision of the service or program for which the fee was paid. If the revenue generated by a fee is five percent or more of the imposing entity's prior fiscal year's total budget, the proceeds of the fee must be kept in a separate and segregated fund from the general fund of the imposing governmental entity.
(C) A local governing body may charge and collect a utility fee in exchange for the provision of utility services. Notwithstanding subsection (B), a local governing body that charges different rates for customers outside its corporate boundaries from those rates charged to customers inside its corporate boundaries may only transfer from the utility fee fund to the general fund that portion of the annual utility fee revenue that corresponds to the rate of return not to exceed the current yield on a thirty-year, AAA municipal bond as determined by the United States Department of the Treasury for the latest day available prior to the end of the calendar year plus five percent. The maximum amount that may be transferred on an annual basis from the utility fee fund is calculated by multiplying net utility assets by the aforementioned return.
(D) If a governmental entity proposes to adopt a service or user fee to fund a service that was previously funded by property tax revenue, the notice required pursuant to Section 6-1-80 must include that fact in the text of the published notice."
SECTION 8. Title 6, Chapter 1 of the 1976 Code is amended by adding:
Section 6-1-500. This article may be cited as the 'Local Accommodations Tax Act'.
Section 6-1-510. As used in this article:
(1) 'Local accommodations tax' means a tax on the gross proceeds derived from the rental or charges for accommodations furnished to transients as provided in Section 12-36-920(A) and which is imposed on every person engaged or continuing within the jurisdiction of the imposing local governmental body in the business of furnishing accommodations to transients for consideration.
(2) 'Local governing body' means the governing body of a county or municipality.
(3) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
Section 6-1-520. (A) A local governing body may impose, by ordinance, a local accommodations tax, not to exceed three percent. However, an ordinance imposing the local accommodations tax must be adopted by a positive majority vote. The governing body of a county may not impose a local accommodations tax in excess of one and one-half percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body.
(B) All proceeds from a local accommodations tax must be kept in a separate fund segregated from the imposing entity's general fund. All interest generated by the local accommodations tax fund must be credited to the local accommodations tax fund.
Section 6-1-530. (A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article also may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
Section 6-1-540. The cumulative rate of county and municipal local accommodations taxes for any portion of the county area may not exceed three percent, unless the cumulative total of such taxes were in excess of three percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996.
Section 6-1-550. In an area of the county where the county has imposed a local accommodations tax that is annexed by a municipality, the municipality must receive only that portion of the revenue generated in excess of the county local accommodations tax revenue for the previous twelve months in the area annexed.
Section 6-1-560. Real estate agents, brokers, corporations, or listing services required to remit taxes under this section must notify the appropriate local governmental entity or entities if rental property, previously listed by them, is dropped from their listings."
SECTION 9. Chapter 6, Title 1 of the 1976 Code is amended by adding:
Section 6-1-700. This article may be cited as the 'Local Hospitality Tax Act'.
Section 6-1-710. As used in the article:
(1) 'Local governing body' means the governing body of a county or municipality
(2) 'Local hospitality tax' is a tax on the sales of prepared meals and beverages sold in establishments or sales of prepared meals and beverages sold in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine.
(3) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
Section 6-1-720. (A) A local governing body may impose, by ordinance, a local hospitality tax not to exceed two percent of the charges for food and beverages. However, an ordinance imposing the local hospitality tax must be adopted by a positive majority vote. The governing body of a county may not impose a local hospitality tax in excess of one percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body.
(B) All proceeds from a local hospitality tax must be kept in a separate fund segregated from the imposing entity's general fund. All interest generated by the local hospitality tax fund must be credited to the local hospitality tax fund.
Section 6-1-730. (A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article also may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
Section 6-1-740. The cumulative rate of county and municipal hospitality taxes for any portion of the county area may not exceed two percent, unless the cumulative total of such taxes were in excess of two percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996.
Section 6-1-750. In an area of the county where the county has imposed a local hospitality tax that is annexed by a municipality, the municipality must receive only that portion of the revenue generated in excess of the county local hospitality tax revenue for the previous twelve months in the area annexed."
SECTION 10. Notwithstanding any provision of this act, any ordinance enacted by a county or municipality prior to March 15, 1997, imposing an accommodations fee which does not exceed the three percent maximum cumulative rate prescribed in Section 6-1-540, is calculated upon a base consistent with Section 6-1-510(1), and the revenue from which is used for the purposes enumerated in Section 6-1-530, remains authorized and effective after the effective date of this act and the enacting county or municipality is authorized to issue bonds, pursuant to Article X, Section 14(10) of the Constitution of this State, utilizing the procedures of Section 4-29-68, for the purposes enumerated in Section 6-1-530, and to retire such debt using the proceeds of such an accommodations fee ordinance and the pledge of such other non-tax revenues as may be available for those purposes."
SECTION 11. Upon approval by the Governor, this act takes effect July 1, 1997, except as otherwise provided./
Amend title to read:
TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON STATE-IMPOSED MANDATES ON A COUNTY, SO AS TO DELETE EXEMPTIONS FOR APPROPRIATIONS BILLS, TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, CHAPTER 10 OF TITLE 4, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND CHAPTER 10, TITLE 4, RELATING TO LOCAL TAXES, BY ADDING ARTICLE 3 ENACTING THE CAPITAL PROJECT SALES TAX ACT AND PROVIDING FOR THE PURPOSES OF RATE AND METHOD OF IMPOSITION OF THIS TAX, TO DESIGNATE SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, CHAPTER 1 OF TITLE 6, ENTITLED "GENERAL PROVISIONS"; TO AMEND SECTION 6-1-70, RELATING TO THE REQUIREMENTS THAT LOCAL GOVERNMENTS REMIT LOCALLY IMPOSED REAL ESTATE TRANSFER FEES TO THE STATE TREASURER, SO AS TO PROHIBIT THE IMPOSITION OF REAL ESTATE TRANSFER TAXES OR FEES BY ALL POLITICAL SUBDIVISIONS INCLUDING SCHOOL DISTRICTS, UNLESS SPECIFICALLY AUTHORIZED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-85 SO AS TO REQUIRE A TAX INCIDENCE STATEMENT TO ANY BILL OR RESOLUTION POTENTIALLY SHIFTING THE INCIDENCE OF A TAX; TO AMEND CHAPTER 1, TITLE 6, RELATING TO PROVISIONS APPLICABLE TO VARIOUS LOCAL UNITS OF GOVERNMENT, BY ADDING ARTICLES 3, 5, AND 7 SO AS TO LIMIT THE REVENUE RAISING AUTHORITY OF LOCAL GOVERNMENTS AND PROVIDE EXCEPTIONS, AND AUTHORIZING LOCAL ACCOMMODATIONS AND HOSPITALITY TAXES AND PROVIDING FOR THE PURPOSES, RATES OF, AND METHOD OF IMPOSITION OF THESE TAXES./
Renumber sections to conform.
Rep. LIMBAUGH explained the amendment.
Rep. BAXLEY spoke against the amendment.
Rep. BAXLEY spoke against the amendment.
Rep. BAXLEY moved to divide the question.
Rep. LIMBAUGH moved to table the motion, which was agreed to by a division vote of 62 to 34.
Rep. BAXLEY: "Section 3 is actually a revenue raising section which is not germane to the title of the Bill."
SPEAKER WILKINS: "What Rule do you refer to in making your Point of Order?"
Rep. BAXLEY: "Rule 9.3, but also Article III, Section 17 of the Constitution requires that each section of the Bill be germane to the title of the Bill."
Rep. LIMBAUGH: "Mr. Speaker, the title of the Bill is changed in Section 11 of the proposed amendment."
SPEAKER WILKINS: "Page 16 of your Amendment."
Rep. BAXLEY: "He can't boot strap like that, he can't amend the title and say that it is germane to the amended title. He has got to be germane to the original title of the Bill. This compromise did not come out of H. 3397."
SPEAKER WILKINS: "I am going to overrule your Point of Order because you apply Article III, Section 17 too narrowly. I base my decision on Mr. Quinn's Point of Order regarding MUSC legislation last year where we very thoroughly discussed Article III, Section 17 and its application. The purpose of it cited a couple of cases, Keyserling vs. Beasley being one of them, and on the same basis I overruled his Point of Order, I will also overrule your Point of Order on Article III, Section 17."
Rep. BAXLEY: "I would raise the Point of Order under Rule 9.3. The unamended title of the Bill, H. 3397, is a tax limitation measure that deals with super majority votes and the like. This capital penny sales tax has no bearing or relation to that title and is simply not germane to the Bill."
SPEAKER WILKINS: "Look at the second sentence of Rule 9.3. 'Providing nothing shall prevent the adoption of an amendment which rewrites the Bill in its entirety if the Bill as rewritten remains germane to the original title of the Bill'."
Rep. BAXLEY: "To continue with my Point, that additional new tax that nobody has ever heard of is not a revenue limiting measure - it is not germane to the title."
SPEAKER WILKINS: "You are saying the amendment is out of order and not germane because one section is not germane to the title. Out of a 16-page amendment you are pulling out one page and saying that particular section may not be germane to the title."
Rep. BAXLEY: "Not only that section, but the rest of it too, that is authorizing these new taxes."
SPEAKER WILKINS: "But the question has not been divided. You have to look at the amendment as a whole."
Rep. BAXLEY: "As a whole, putting on a half a billion dollars worth of taxes is not a revenue limiting measure."
SPEAKER WILKINS: "I am going to overrule your Point of Order. The amendment as a whole, is germane to the title of the Bill."
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15030HTC.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ______. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-77. A political subdivision of the state, including a school district, may not impose any impact fee in connection with new residential construction."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. MEACHAM spoke against the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. LIMBAUGH moved to table the amendment, which was agreed to by a division vote of 57 to 35.
Reps. KNOTTS and CARNELL proposed the following Amendment No. 5 (Doc Name P:\AMEND\JIC\6025htc.97), which was tabled.
Amend the report, as and if amended, in Section 6-1-720(A), as contained in SECTION 9, page 3397-14, line 30, by striking / two / and inserting / one / and on line 34, by striking /one/ and inserting /one-half of one /.
Amend further, Section 6-1-740, page 3397-15, lines 20 and 21, by striking /two/ and inserting /one/.
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. LIMBAUGH spoke against the amendment.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. BAXLEY spoke in favor of the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 41.
Reps. WILKINS, D. SMITH, LIMBAUGH, HARRELL and HARRISON proposed the following Amendment No. 6 (Doc Name P:\AMEND\JIC\6037HTC.97), which was adopted.
Amend the report, as and if amended, Section 4-10-330(E), as contained in SECTION 3, page 3397-6, beginning on line 2, by striking /A subsequent referendum on this question may not be held more than once in a year and must be held on the date prescribed in subsection (C)./
Amend the report further, Section 4-10-340(A), as contained in SECTION 3, page 3397-6, line 18, by striking / tax / and inserting / sales and use tax /.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Reps. WILKINS, D. SMITH, LIMBAUGH, HARRELL and HARRISON proposed the following Amendment No. 7 (Doc Name P:\AMEND\JIC\6039HTC.97), which was adopted.
Amend the report, as and if amended, Section 6-1-300(6), as contained in SECTION 7, page 3397-10, line 3, by striking / 'Service or user fee' / and inserting / 'Service fee, user fee, or uniform service charge' /
Amend further, beginning on page 3397-11, by striking Section 6-1-330 and inserting:
/Section 6-1-330. (A) A local governing body, by ordinance approved by a positive majority, is authorized to charge and collect a service fee, user fee or uniform service charge. A local governing body must provide public notice of any new service fee, user fee, or uniform service charge being considered and the governing body is required to hold a public hearing on any proposed new service fee, user fee, or uniform service charge prior to final adoption of any new service fee, user fee, or uniform service charge. Public comment must be received by the governing body prior to the final reading of the ordinance to adopt a new service fee, user fee, or uniform service charge. A fee adopted or imposed by a local governing body prior to December 31, 1996, remains in force and effect until repealed by the enacting local governing body, notwithstanding the provisions of this section.
(B) The revenue derived from a service fee, user fee, or uniform service charge imposed to finance the provision of public services must be used to pay costs related to the provision of the service or program for which the fee was paid. If the revenue generated by a fee is five percent or more of the imposing entity's prior fiscal year's total budget, the proceeds of the fee must be kept in a separate and segregated fund from the general fund of the imposing governmental entity.
(C) A local governing body may charge and collect a utility fee in exchange for the provision of utility services. Notwithstanding subsection (B), a local governing body that charges different rates for customers outside its corporate boundaries from those rates charged to customers inside its corporate boundaries may only transfer from the utility fee fund to the general fund that portion of the annual utility fee revenue that corresponds to the rate of return not to exceed the current yield on a thirty-year, AAA municipal bond as determined by the United States Department of the Treasury for the latest day available prior to the end of the calendar year plus five percent. The maximum amount that may be transferred on an annual basis from the utility fee fund is calculated by multiplying net utility assets by the aforementioned return.
(D) If a governmental entity proposes to adopt a service fee, user fee, or uniform service charge to fund a service that was previously funded by property tax revenue, the notice required pursuant to Section 6-1-80 must include that fact in the text of the published notice./
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Reps. WILKINS, D. SMITH, LIMBAUGH, HARRELL and HARRISON proposed the following Amendment No. 8 (Doc Name P:\AMEND\JIC\6036HTC.97), which was adopted.
Amend the report, as and if amended, beginning on page 3397-1, by striking SECTION 1 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 9 (Doc Name P:\AMEND\JIC\6041HTC.97), which was adopted.
Amend the report, as and if amended, Section 4-10-360, as contained in SECTION 3, page 3397-7, line 34, by striking /State Treasurer/ and inserting:
/Department of Revenue and placed on deposit with the State Treasurer/
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Reps. LIMBAUGH, WILKINS, HARRISON and D. SMITH proposed the following Amendment No. 10 (Doc Name P:\AMEND\JIC\6022HTC.97), which was adopted.
Amend the report, as and if Amended, in Section 6-1-320, as contained in SECTION 7, page 3397-11, by striking Subsection (E), beginning on line 24, and inserting:
/(E) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a governing body authorized to levy school taxes to the extent those limitations are more restrictive than the provisions of this section. For purposes of this section, the 'governing body authorized by law to levy school taxes' does not include the General Assembly./
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 11 (Doc Name P:\AMEND\JIC\6026HTC.97), which was tabled.
Amend the report, as and if amended, in Section 4-10-350(B), as contained in SECTION 3, page 3397-7, line 4, by striking the period and inserting:
/. The gross proceeds of food items, not including restaurant meals, eligible to be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this article./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. LIMBAUGH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 42 to 30.
Rep. KIRSH proposed the following Amendment No. 12 (Doc Name P:\AMEND\JIC\6027HTC.97), which was tabled.
Amend the report, as and if amended, in Section 6-1-520(A), as contained in SECTION 8, page 3397-13, line 5, by striking / three / and inserting / two / and on line 9, by striking / and one-half /.
Amend further, in Section 6-1-540, page 3397-13, lines 38 and 39, by striking /three/ and inserting /two/.
Amend further, Section 6-1-720(A), as contained in SECTION 9, page 3397-14, line 30, by striking /two/ and inserting /one/ and on line 34, by striking /one/ and inserting /one-half of one/.
Amend further, Section 6-1-740, page 3397-15, lines 20 and 21, by striking / two / and inserting /one/.
Amend further, SECTION 10, page 3397-15, line 32, by striking /three/ and inserting /two/.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. D. SMITH moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Battle Beck Boan Brown, H. Cato Cave Chellis Cromer Dantzler Easterday Felder Hamilton Harrell Harrison Harvin Hawkins Hinson Jordan Keegan Kelley Law Leach Lee Limbaugh Limehouse Loftis Maddox Martin Mason McKay McMaster Miller Mullen Rodgers Sharpe Smith, D. Smith, R. Spearman Stille Stuart Townsend Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Bauer Baxley Brown, G. Brown, J. Brown, T. Byrd Campsen Canty Carnell Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Edge Gamble Gourdine Hodges Jennings Kinon Kirsh Klauber Knotts Littlejohn Lloyd Mack McCraw McLeod McMahand Meacham Moody-Lawrence Neal Neilson Parks Phillips Quinn Rice Riser Robinson Sandifer Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stoddard Trotter Wilkes
So, the amendment was tabled.
Rep. BAXLEY proposed the following Amendment No. 13 (Doc Name G:\h-member\b21\3397.1), which was tabled.
Delete Section 3.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. LIMBAUGH moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Brown, H. Brown, J. Byrd Carnell Cato Cave Chellis Cromer Dantzler Delleney Easterday Edge Felder Fleming Govan Hamilton Harrell Harrison Harvin Haskins Hinson Hodges Jennings Jordan Keegan Kelley Kinon Klauber Knotts Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McKay McMaster Mullen Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, R. Spearman Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Brown, G. Brown, T. Campsen Canty Cotty Davenport Gamble Gourdine Kennedy Kirsh Lee Lloyd Mack McCraw McLeod McMahand Meacham Moody-Lawrence Neal Neilson Parks Quinn Simrill Smith, F. Smith, J. Stille Whipper
So, the amendment was tabled.
Reps. BAXLEY and SHEHEEN proposed the following Amendment No. 14 (Doc Name G:\h-member\b21\3397.2).
Amend the judiciary committee amendment by adding to Section 3 by adding a new paragraph to be numbered (1) to section (a) of code section 4-10-330 to read as follows:
(1) twenty-five (25%) of the proceeds of the revenue collected under the imposition of this section shall be devoted to ad valorem personal property tax reduction
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. D. SMITH moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beck Brown, H. Brown, J. Cato Chellis Cromer Easterday Edge Felder Fleming Hamilton Harrell Harrison Haskins Hawkins Jordan Keegan Kelley Leach Loftis Mason Mullen Rice Robinson Rodgers Sharpe Smith, D. Smith, R. Trotter Webb Wilkins Woodrum
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Boan Bowers Brown, G. Brown, T. Byrd Campsen Canty Carnell Cave Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Gamble Gourdine Harvin Hinson Hodges Howard Jennings Kennedy Kinon Kirsh Klauber Knotts Law Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Neal Neilson Parks Phillips Quinn Riser Sandifer Scott Seithel Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whatley Whipper Wilder Young Young-Brickell
So, the House refused to table the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Reps. LIMBAUGH, FLEMING and HARRELL spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHEHEEN continued speaking.
Rep. HARRELL moved to adjourn debate upon the amendment.
Rep. BAXLEY moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Battle Baxley Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cooper Cotty Davenport Gourdine Govan Hodges Kennedy Kirsh Lee Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Neal Parks Phillips Pinckney Rhoad Robinson Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Tripp Wilder Wilkes
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Brown, J. Campsen Cato Chellis Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Klauber Knotts Law Leach Limbaugh Limehouse Loftis Martin Mason McCraw McKay McMaster Mullen Neilson Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 16 (Doc Name P:\AMEND\JIC\6043SD.97), which was ruled out of order.
Amend the report of the Committee on Judiciary, as and if amended, Section 6-1-520(A), SECTION 8, page 13, by striking subsection (A) and inserting:
/(A) A local governing body may impose, by ordinance, a local accommodations tax, not to exceed one percent. However, an ordinance imposing the local accommodations tax must be adopted by a positive majority vote. The governing body of a county may not impose a local accommodations tax in excess of one-half percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body./
Amend further Section 6-1-540, SECTION 8, page 13, by striking the section and inserting:
/Section 6-1-540. The cumulative rate of county and municipal local accommodations taxes for any portion of the county area may not exceed one percent, unless the cumulative total of such taxes were in excess of one percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996./
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. WILKINS raised the Point of Order that previously tabled Amendment No. 5, which limited the tax to one cent and also struck the part that went to the counties to one-half of one percent was identical to Amendment No. 16.
SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BAXLEY proposed the following Amendment No. 17 (Doc Name P:\AMEND\GJK\20443SD.97), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, Section 6-1-520(A), SECTION 8, page 13, by striking subsection (A) and inserting:
/(A) A local governing body may impose, by ordinance, a local accommodations tax, not to exceed two percent. However, an ordinance imposing the local accommodations tax must be adopted by a positive majority vote. The governing body of a county may not impose a local accommodations tax in excess of one percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body./
Amend further Section 6-1-540, SECTION 8, page 13, by striking the section and inserting.
/Section 6-1-540. The cumulative rate of county and municipal local accommodations taxes for any portion of the county area may not exceed two percent, unless the cumulative total of such taxes were in excess of two percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996./
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Boan Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cromer Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hodges Jennings Jordan Keegan Kelley Kinon Klauber Law Leach Limbaugh Limehouse Loftis Maddox Mason McCraw McKay McMaster Mullen Neilson Rhoad Rice Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Bowers Brown, G. Brown, T. Canty Cobb-Hunter Cotty Davenport Govan Kennedy Kirsh Knotts Lee Lloyd Mack McLeod Meacham Moody-Lawrence Neal Parks Pinckney Riser Simrill Stoddard Wilder
So, the amendment was tabled.
Rep. BAXLEY proposed) the following Amendment No. 18 (Doc Name G:\h-member\b21\3397.6), which was tabled.
Delete Section 9 and restate as follows:
Section 9: Local hospitality taxes, being defined as a tax imposed by the local governing authority in the sale of prepared meals and beverages sold in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine may not be imposed and are hereby prohibited.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 57 to 20.
Reps. WILKINS, D. SMITH and ROBINSON proposed the following Amendment No. 20 (Doc Name P:\AMEND\KGH\15026HTC.97), which was adopted.
Amend the report, as and if amended, Section 6-1-320(B), as contained in SECTION 7, beginning on page 3397-10, by striking item (3) beginning on line 38 and items (4), (5), and (6) on page 3397-11 and inserting:
/ (3) to raise the revenue necessary to comply with judicial mandates requiring the use of county or municipal funds, personnel, facilities, or equipment;
(4) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030, if applicable. /
Renumber to conform.
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Reps. HASKINS, D. SMITH and ROBINSON proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\6042HTC.97), which was ruled out of order.
Amend the report, as and if amended, Section 6-1-310, page 3397-10, line 17, by inserting before the period: / and no revenues available to the governing body have been expended directly or indirectly to lobby the General Assembly or to contribute to an association which directly or indirectly lobbies the General Assembly/
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
Rep. BECK raised the Point of Order that Amendment No. 21 was not germane to the Bill.
Rep. HASKINS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. COTTY proposed the following Amendment No. 22 (Doc Name P:\AMEND\GJK\20444SD.97), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by striking item (5) of Section 6-1-300 of the 1976 Code which begins on line 38, page 3397-9 and inserting:
/(5) 'Positive majority' means a vote for adoption by two-thirds of the members of the entire governing body, whether present or not; provided, that if the governing body has fewer than six members or more than twelve members, a three-fifths vote of the entire membership is required. If there is a vacancy in the membership of the governing body, these vote requirements shall be applied to the total number of members of the governing body serving in office on the date of the vote./
Amend the report further, as and if amended, by striking item (3) of Section 6-1-510 of the 1976 Code which begins on line 40, page 3397-12 and inserting:
/(3) 'Positive majority' means a vote for adoption by two-thirds of the members of the entire governing body, whether present or not; provided, that if the governing body has fewer than six members or more than twelve members, a three-fifths vote of the entire membership is required. If there is a vacancy in the membership of the governing body, these vote requirements shall be applied to the total number of members of the governing body serving in office on the date of the vote./
Amend the report further, as and if amended, by striking item (3) of Section 6-1-710 of the 1976 Code which begins on line 23, page 3397-14 and inserting:
/(3) 'Positive majority' means a vote for adoption by two-thirds of the members of the entire governing body, whether present or not; provided, that if the governing body has fewer than six members or more than twelve members, a three-fifths vote of the entire membership is required. If there is a vacancy in the membership of the governing body, these vote requirements shall be applied to the total number of members of the governing body serving in office on the date of the vote./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. COTTY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Battle Baxley Boan Brown, G. Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cave Chellis Cromer Dantzler Delleney Easterday Felder Fleming Gourdine Hamilton Harrell Harrison Harvin Hawkins Hinson Hodges Jennings Jordan Keegan Kelley Kinon Klauber Leach Limbaugh Limehouse Littlejohn Mack Martin McCraw McKay McLeod McMahand McMaster Miller Neal Neilson Parks Phillips Pinckney Rhoad Robinson Scott Sharpe Sheheen Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Barrett Bauer Beck Bowers Campsen Cato Cooper Cotty Davenport Edge Gamble Kennedy Kirsh Knotts Koon Lee Lloyd Loftis Mason Meacham Moody-Lawrence Mullen Quinn Rice Riser Rodgers Sandifer Seithel Simrill Stoddard Tripp Trotter Vaughn Whipper Young-Brickell
So, the amendment was tabled.
Rep. KELLEY proposed the following Amendment No. 23 (Doc Name P:\AMEND\GJK\20445SD.97), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking Section 6-1-740 of the 1976 Code as contained in Section 9, which begins on line 18, page 3397-15, and inserting:
/Section 6-1-740. The cumulative rate of county and municipal hospitality taxes for any portion of the county area may not exceed two percent, unless the cumulative total of such taxes were in excess of two percent or authorized to be in excess of two percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed or passed by ordinance as of December 31, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, HARRISON, WILKINS and D. SMITH proposed the following Amendment No. 25 (Doc Name P:\AMEND\JIC\6048HTC.97), which was tabled.
Amend the report, as and if amended, page 3397-14, by striking beginning on line 19 /sales of prepared meals and beverages sold in establishments or/
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. KNOTTS continued speaking.
Rep. KELLEY moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 14.
Debate was resumed on Amendment No. 14 by Reps. BAXLEY and SHEHEEN.
Rep. BAXLEY explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Cato Chellis Cromer Dantzler Easterday Edge Felder Fleming Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Klauber Knotts Koon Leach Limbaugh Loftis Mason McKay McMaster Mullen Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stuart Trotter Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Gamble Gourdine Hodges Kennedy Kinon Kirsh Lee Limehouse Littlejohn Lloyd Mack Martin McCraw McLeod McMahand Meacham Miller Moody-Lawrence Neilson Parks Phillips Scott Sheheen Simrill Smith, F. Stoddard Townsend Tripp Vaughn Walker Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. BAXLEY proposed the following Amendment No. 15 (Doc Name G:\h-member\b21\3397.6), which was tabled.
Delete present Section 8 and restate as follows:
Section 6-1-500. Local accommodations taxes, being defined as a tax imposed by a local governing authority on the gross proceeds derived from the rental or charges for accommodations furnished to transients as provided in Section 12-36-920(A) may not be imposed and are hereby prohibited.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. BAXLEY spoke against the Bill.
Reps. WILKINS and HODGES spoke in favor of the Bill.
Rep. BAXLEY spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hodges Howard Jennings Jordan Keegan Kelley Kinon Klauber Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Byrd Cave Cotty Govan Kennedy Kirsh Knotts Moody-Lawrence Stille Whipper
So, having received the necessary two-thirds vote, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3780 -- Reps. Young, Askins, Woodrum, Inabinett, Simrill, Bailey, Riser and Kirsh: A BILL TO AMEND SECTION 16-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO REVISE THE ELEMENTS OF ARSON IN THE FIRST, SECOND, AND THIRD DEGREES, AND REVISE THE PENALTIES FOR ARSON IN THE FIRST AND SECOND DEGREES.
Referred to Committee on Judiciary.
H. 3781 -- Reps. Young, Woodrum and Simrill: A BILL TO AMEND SECTION 12-24-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR PAYMENT OF A DEED RECORDING FEE, SO AS TO PROVIDE THAT THE FEE ON THE TRANSFER OF REALTY BY OR TO CO-TENANTS IS BASED ON THE VALUE OF THE TRANSFERRED INTEREST IN THE REALTY AS DESCRIBED IN THE DEED.
Referred to Committee on Judiciary.
H. 3782 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-65 SO AS TO AUTHORIZE ISSUANCE OF AN EX PARTE ORDER FOR PROTECTION FROM DOMESTIC ABUSE UNDER CERTAIN CIRCUMSTANCES AND TO AUTHORIZE GRANTING OTHER RELIEF IN THE ORDER RELATIVE TO CUSTODY AND SUPPORT.
Referred to Committee on Judiciary.
H. 3783 -- Rep. Allison: A BILL TO AMEND SECTION 20-7-764, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OR AMENDMENT OF PLANS FOR PLACEMENT OF A CHILD AFTER REMOVAL FROM THE CUSTODY OF THE PARENTS OR GUARDIAN, SO AS TO PROVIDE THAT A DETERMINATION AS TO WHETHER IT IS IN THE CHILD'S BEST INTEREST FOR THE PARENTS OR GUARDIAN OR ANY OTHER PERSON TO KNOW OF THE NATURE AND LOCATION OF THE CHILD'S PLACEMENT MUST BE INCLUDED IN THE PLAN, AND TO PROVIDE FOR AS MUCH CONTACT AS IS REASONABLY POSSIBLE AND CONSISTENT WITH THE BEST INTEREST OF THE CHILD BETWEEN THE CHILD AND THE CHILD'S PARENTS, GUARDIAN, SIBLINGS, AND OTHER APPROPRIATE RELATIVES INCLUDING VISITATION AND PARTICIPATION OF THE PARENTS OR GUARDIAN IN THE CARE OF THE CHILD WHILE THE CHILD IS IN PLACEMENT WITHOUT GIVING NOTICE TO THE PARENTS OR GUARDIAN OF THE CHILD'S LOCATION UNLESS IT IS IN THE BEST INTEREST OF THE CHILD TO DO SO.
Referred to Committee on Judiciary.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young and Govan: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3785 -- Rep. Askins: A BILL TO AMEND SECTION 5-25-1370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS COMMITTING A FIRST VIOLATION OF CERTAIN PROVISIONS OF LAW REQUIRING SMOKE DETECTORS HAVING FIFTEEN DAYS TO INSTALL A SMOKE DETECTOR OR REPAIR OR REPLACE THE DETECTOR, SO AS TO REDUCE THIS TIME TO SEVEN DAYS.
Referred to Committee on Labor, Commerce and Industry.
H. 3786 -- Reps. Knotts, H. Brown, Young, Inabinett, Barrett, Battle, Bailey, Koon, Gourdine, Chellis, Young-Brickell, Law, Kinon, Cromer, Whatley, Riser, Leach, Meacham and Bauer: A BILL TO AMEND ARTICLE 4, CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCEALED WEAPONS PERMITS BY ADDING SECTION 23-31-240 SO AS TO PROVIDE THAT A JUDGE OR MAGISTRATE MAY CARRY A CONCEALABLE WEAPON ANYWHERE WITHIN THE STATE AFTER COMPLETING A SLED FIREARMS TRAINING COURSE.
Referred to Committee on Judiciary.
H. 3787 -- Reps. Haskins, Quinn, Seithel, Tripp, Allison, Barrett, Bauer, Beck, Campsen, Carnell, Cooper, Cotty, Cromer, Davenport, Easterday, Fleming, Gamble, Hamilton, Harrison, Jordan, Kirsh, Klauber, Knotts, Leach, Limbaugh, Limehouse, Littlejohn, Loftis, Mason, McCraw, McMahand, McMaster, Miller, Phillips, Rice, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Stille, Townsend, Vaughn, Walker, Whatley, Wilder, Wilkes, Woodrum, Young and Young-Brickell: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ESTABLISH THE SCHOLASTIC EXCELLENCE THROUGH EDUCATIONAL DEVELOPMENT FUND WHICH PROVIDES FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE MERIT-BASED SCHOLARSHIPS TO COVER ALL TUITION AND FEES TO ELIGIBLE RESIDENT STUDENTS ATTENDING A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE OF THIS STATE, AND TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY SHALL ANNUALLY PAY INTO THE SCHOLASTIC EXCELLENCE THROUGH EDUCATIONAL DEVELOPMENT FUND FROM ITS OPERATING BUDGET AN AMOUNT DETERMINED BY THE BUDGET AND CONTROL BOARD WHICH SHALL BE EQUAL TO THE LOCAL, STATE, AND FEDERAL TAXES IT WOULD HAVE PAID IF IT WAS A PRIVATELY-OWNED FOR-PROFIT UTILITY CORPORATION.
Rep. QUINN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. GOVAN objected.
Referred to Committee on Ways and Means.
H. 3788 -- Reps. Wilder, Stoddard and Carnell: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES THROUGH SCHOOL YEAR 2000-01 BY UP TO TEN MILLS A YEAR INCLUDING ANY MILLAGE SUFFICIENT TO MEET STATE-IMPOSED MAINTENANCE OF LOCAL EFFORT REQUIREMENTS, TO PROVIDE FOR FULL FISCAL AUTONOMY FOR THESE BOARDS FOR THE IMPOSITION OF SCHOOL TAXES FOR SCHOOL YEARS AFTER 2000-01, TO REQUIRE A "POSITIVE MAJORITY" OF THESE BOARDS TO APPROVE THE ANNUAL SCHOOL MILLAGE, AND TO DEFINE "POSITIVE MAJORITY".
Rep. WILDER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. STODDARD objected.
Referred to Laurens Delegation.
H. 3789 -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO DELETE SIZE LIMITATIONS FOR SPOTTED SEA TROUT AND RED DRUM; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND THE MAXIMUM NUMBER OF DAILY TAKE OF FISH WITHIN SPECIFIED LIMITS FOR TWELVE SPECIES OF SALTWATER FISH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3790 -- Reps. Bauer, Barfield, Meacham, J. Hines, McMaster, Simrill, Seithel, Neal, Altman, Sandifer, Fleming, Govan, Knotts, Young, Riser, Koon, Harrison, Davenport, Hawkins, Inabinett, Mullen, Allison, Lanford, Robinson, Cato, Pinckney, Moody-Lawrence, Miller, Tripp, Battle, Byrd, Canty, Gamble, Bowers, J. Smith, Limehouse, Barrett, Young-Brickell, Lloyd, Mason, Rodgers and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
Referred to Committee on Judiciary.
H. 3791 -- Reps. Tripp, Felder, Altman, Keegan, R. Smith, Sharpe, Meacham, Campsen, Sandifer, Loftis, McKay, Moody-Lawrence, Maddox, Hamilton, Rice, Barrett, J. Brown, Martin, Webb, Chellis, Rodgers, Mullen, Phillips, Jordan, Allison, Kelley, McCraw, Gamble, Bauer, Easterday, Cato, Mack, Limehouse, Davenport, Leach, Battle and Barfield: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO HIGHWAY PATROLMEN.
Rep. TRIPP asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WHIPPER objected.
Referred to Committee on Judiciary.
H. 3792 -- Reps. Cato and Walker: 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 RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
Referred to Committee on Labor, Commerce and Industry.
H. 3793 -- Reps. Kirsh and Delleney: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DEALER LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED AND THE QUALIFICATIONS OF A DEALER WHO MAY BE ISSUED DEALER LICENSE PLATES.
Referred to Committee on Education and Public Works.
H. 3794 -- Rep. Harrell: A BILL TO AMEND SECTION 16-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR TRESPASS AGAINST REAL PROPERTY, AND SECTION 15-67-610, RELATING TO CIVIL REMEDIES FOR TRESPASS AGAINST REAL PROPERTY, SO AS TO EXEMPT THE OWNER OF ABUTTING LAND FROM CRIMINAL AND CIVIL LIABILITY WHEN HIS ENTRY ONTO ANOTHER'S LAND IS NECESSARY FOR MAINTENANCE OR REPAIR, UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary.
H. 3795 -- Reps. Fleming, Vaughn, G. Brown, Hawkins, Klauber, Bauer, Phillips, McCraw, Clyburn, Delleney, Cooper, Loftis, Neal, Sandifer, Bailey, Maddox, Canty, Robinson, Byrd, Baxley, Witherspoon, Howard, Wilder, McLeod, Limehouse, Stoddard and Mason: A BILL TO REPEAL SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF MEDICAL ASSISTANCE PAID UNDER THE MEDICAID PROGRAM FROM THE ESTATES OF CERTAIN INDIVIDUALS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 412 -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT A BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY NOT HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF A PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.
Referred to Committee on Labor, Commerce and Industry.
S. 585 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 7, 1997, MISSED BY STUDENTS OF EDWARDS ELEMENTARY SCHOOL IN CHESTERFIELD COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOL WAS CLOSED DUE TO SEVERE VANDALISM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. NEILSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The following was introduced:
H. 3796 -- Reps. Limehouse and McKay: A CONCURRENT RESOLUTION TO PROVIDE THAT THE OFFICIAL NICKNAME OF SOUTH CAROLINA IS "THE MOTOR STATE" AND TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY IS AUTHORIZED TO USE THIS DESIGNATION ON THE STATE'S OFFICIAL LICENSE PLATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3797 -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MARGARET S. WEST OF SUMTER COUNTY ON THE OCCASION OF HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3798 -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION EXPRESSING THE SINCEREST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SAMUEL ARDEN BENSON OF SUMTER COUNTY ON HIS DEATH AND EXTENDING THEIR DEEPEST APPRECIATION FOR HIS YEARS OF SERVICE TO HIS COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3799 -- Reps. Fleming, G. Brown, Seithel, Bailey, Sandifer, Neal, Canty, Robinson, Vaughn, Loftis, Clyburn, Delleney, McLeod and Bauer: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REPEAL THE PROVISIONS OF TITLE XIX OF THE SOCIAL SECURITY ACT MANDATING STATES TO SEEK RECOVERY FROM THE ESTATES OF CERTAIN PERSONS ON WHOSE BEHALF MEDICAL ASSISTANCE WAS PAID UNDER THE STATE MEDICAID PLAN.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following.
S. 595 -- Senator McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997.
Amend Title To Conform
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 9, 1997, at 12:00 noon to elect a successor to the Honorable William T. Howell of the Court of Appeals, Seat 5, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Jasper M. Cureton of the Court of Appeals, Seat 6, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Costa M. Pleicones of the Fifth Judicial Circuit, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable A. Victor Rawl of the Ninth Judicial Circuit, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Larry R. Patterson of the Thirteenth Judicial Circuit, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Jackson V. Gregory of the Fourteenth Judicial Circuit, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable David H. Maring, Sr., of the Fifteenth Judicial Circuit, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Paula H. Thomas of the Circuit Court, At-Large Seat 1, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable R. Markley Dennis, Jr., of the Circuit Court, At-Large Seat 2, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Malcolm Duane Shuler of the Circuit Court, At-Large Seat 3, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Frank P. McGowan of the Circuit Court, At-Large Seat 4, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Gary E. Clary of the Circuit Court, At-Large Seat 5, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable James E. Lockemy of the Circuit Court, At-Large Seat 6, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable H. Dean Hall of the Circuit Court, At-Large Seat 7, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Paul E. Short, Jr. of the Circuit Court, At-Large Seat 8, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable L. Henry McKellar of the Circuit Court, At-Large Seat 9, whose unexpired term expires June 30, 1997; to elect a successor to the Honorable Joseph A. Wilson, II of the Circuit Court, At-Large Seat 10, whose unexpired term expires June 30, 1997; and to elect a successor to the Honorable Stephen P. Bates of the Administrative Law Judge Division, whose unexpired term expires June 30, 1997.
Be it further resolved that no nominating speeches from the podium or the floor may be made, but any member may submit written nominating speeches which shall be printed in the appropriate journals.
Rep. D. SMITH proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20442SD.97), which was adopted.
Amend the resolution, as and if amended, by adding at the end the following:
/Be it further resolved that no nominating speeches from the podium or the floor may be made, but any member may submit written nominating speeches which shall be printed in the appropriate journals./
Renumber sections to conform.
Amend totals and title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate with amendments.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 6:10 P.M. the House in accordance with the motion of Rep. SPEARMAN adjourned in memory of the Honorable Larry Gentry, former House Member, to meet at 10:00 A.M. tomorrow.
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