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:
Cause us, Lord, to see every day as a gift from Your good and gracious hand. When we cannot see the bright side of our opportunities, use us to polish the dull sides. Make us resolved to put ourselves in the hands of God as we know that nothing is too big for Him to accomplish, and nothing so small but that He could use us to accomplish it. And even when difficulties loom high, cause us to see these as challenges in work clothes. Forbid, Lord, that we should use prayer time as a time to give God instructions, but instead as a time to report for duty.
Lord, accept our 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 Friday, the SPEAKER ordered it confirmed.
Rep. BREELAND moved that when the House adjourns, it adjourn in memory of Rev. Benjamin J. Finklea of Charleston, which was agreed to.
The following was received.
Columbia, S.C., April 24, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 361:
S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. TOWNSEND, from the Committee on Education and Public Works submitted a favorable report with amendments, Reps. MOODY-LAWRENCE and NEAL, for the minority, submitted an unfavorable report, on:
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 688 -- Senators Holland, Courson and Rankin: A CONCURRENT RESOLUTION TO EXTEND UNTIL THE BEGINNING OF THE 1998 LEGISLATIVE SESSION THE TIME BY WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA MUST PRESENT ITS REPORT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT AFTER SUBMITTING ITS REPORT AND PROPOSED LEGISLATION THAT THE STUDY COMMITTEE BE DISSOLVED MAY 1, 1998.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 706 -- Senators Courson and Jackson: A CONCURRENT RESOLUTION COMMENDING THE JUNIOR LEAGUE OF COLUMBIA, INC., FOR ITS LEADERSHIP AND COMMITMENT TO HELPING MEET THE CHALLENGE OF SCHOOL READINESS IN RICHLAND SCHOOL DISTRICT ONE WITH THE SUCCESSFUL PILOT YEAR OF "SMART MATTERS" AND FURTHER COMMENDING THE JUNIOR LEAGUE AND RICHLAND SCHOOL DISTRICT ONE FOR THEIR UNIQUE PARTNERSHIP IN THIS ENDEAVOR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4083 -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE TEACHER IN-SERVICE DAY OF SEPTEMBER 5, 1996, MISSED IN SCHOOL DISTRICT NUMBER 1 OF HAMPTON COUNTY FOR SCHOOL YEAR 1996-97 BECAUSE OF A HURRICANE WARNING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT DAYS MISSED BECAUSE OF EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. BOWERS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 233 -- Senators Hayes and Russell: A BILL TO AMEND SECTION 4-37-30(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAXES FOR TRANSPORTATION FACILITIES, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED FOR SINGLE OR MULTIPLE PROJECTS; TO CLARIFY THE TYPES OF PROJECTS FOR WHICH THE PROCEEDS OF THE TAX ARE TO BE USED; TO REQUIRE THAT THE REFERENDUM HELD BEFORE A TAX MAY BE IMPOSED NOT BE HELD MORE OFTEN THAT ONCE IN TWELVE MONTHS AND MUST BE HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER; AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Judiciary.
S. 552 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AN APPROPRIATELY LETTERED ITEM TO THE END OF SECTION 56-5-4140 RELATING TO COTTON MODULAR LOADS SO AS TO PROVIDE FOR THE HARVESTING AND TRANSPORTING OF AGRICULTURAL PRODUCTS AND BY AMENDING SECTION 57-3-160 RELATING TO PERMITS FOR COTTON MODULAR VEHICLES SO AS TO ALLOW THE WIDTH TO BE INCREASED FROM ONE HUNDRED SEVEN INCHES TO ONE HUNDRED TEN INCHES FOR PERMITTING PURPOSES.
Referred to Committee on Education and Public Works.
S. 620 -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO STATE OR LOCAL CHAMBERS OF COMMERCE.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4084 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE JAMES I. DAVIS, CLERK OF COURT FOR LEE COUNTY, ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KENNEDY, with unanimous consent, the following was taken up for immediate consideration:
H. 4085 -- Rep. Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE REVEREND TERRANCE G. MACKEY, SR., PASTOR OF MT. ZION AFRICAN METHODIST EPISCOPAL CHURCH OF GREELEYVILLE ON THURSDAY, MAY 1, 1997, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND TO REFLECT UPON HIS TIRELESS EFFORTS TO BRING UNITY TO ALL PEOPLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to The Reverend Terrance G. Mackey, Sr., Pastor of Mt. Zion African Methodist Episcopal Church of Greeleyville on Thursday, May 1, 1997, at a time to be determined by the Speaker, for the purpose of being recognized and to reflect upon his tireless efforts to bring unity to all people.
The Resolution was adopted.
The following was introduced:
H. 4086 -- Rep. McMahand: A CONCURRENT RESOLUTION TO COMMEND MR. CLARENCE O. JACKSON OF SIMPSONVILLE, SOUTH CAROLINA, UPON HIS ELECTION AS PRESIDENT OF THE STATE USHERS AUXILIARY OF BAPTIST EDUCATION MISSIONARY CONVENTION.
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 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 Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McCraw McLeod McMahand McMaster Meacham Miller Mullen Neilson Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 29.
Teddy N. Trotter Alfred B. Robinson, Jr. Curtis B. Inabinett John G. Felder George H. Bailey Joseph H. Neal James N. Law Douglas Jennings, Jr. Anne Parks Timothy C. Wilkes Becky Rogers Martin Harry R. Askins Jerry N. Govan, Jr. Liston D. Barfield Woodrow M. McKay Bessie Moody-Lawrence Lynn Seithel Ralph W. Canty
LEAVE OF ABSENCE
The SPEAKER granted Rep. SHEHEEN a leave of absence for the week due to business reasons.
The following Bill was read the third time, passed and, 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.
S. 360 -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3383 -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 226 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
The following Bill was taken up.
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7259AC.97), which was adopted.
Amend the bill, as and if amended, the third unnumbered paragraph of Section 44-2-40(D) page 3 beginning on line 20 by deleting / however, the State and department are not exempt from liability if the State or department is the tank owner or operator. / so when amended the third unnumbered paragraph of Section 44-2-40(D) reads:
/"Nothing in this chapter establishes or creates any liability or responsibility on the part of the department or the State as administrators of the Superb Account and the Superb Financial Responsibility Fund to pay any costs for site rehabilitation or third party claims from any source other than the Superb Account and the Superb Financial Responsibility Fund created by this chapter, and the department and the State as administrators of the Superb Account and the Superb Financial Responsibility Fund have no liability or responsibility to make payments for cleanup costs or third party claims if the funds are insufficient. If the funds are insufficient to make the payments at the time the claim is filed, these claims must be paid in the order of filing at such time as monies accrue in each account, respectively."/
Amend the bill further, the first paragraph of Section 44-2-60(A) page 4 beginning on line 26 by deleting /petroleum or petroleum products / and inserting /petroleum or petroleum products a regulated substance/ so when amended the first paragraph of 44-2-60(A) reads:
"(A) The owner or operator of an underground storage tank which stores or is intended to store petroleum or petroleum products a regulated substance shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank and ; however, the department may prorate the initial registration fees on a daily basis for underground storage tanks installed on or after July 1, 1997. The owner or operator shall pay to the department an annual renewal fee of one hundred dollars a tank a year. No person may place petroleum or petroleum products a regulated substance and no owner or operator may cause petroleum or petroleum products a regulated substance to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The department may not issue a registration certificate until all past and present fees and penalties owed on a tank are paid. The department may not issue a registration certificate to any owner or operator who has not complied with all terms of a consent or final administrative order issued under Section 42-20-140."
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. SHARPE proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20635SD.97), which was adopted.
Amend the bill, as and if amended, in Section 44-2-40(C) of the 1976 Code as contained in SECTION 1, by striking /or and property damage/ on line 22, page 2, and inserting /or property damage or both/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. LAW moved to adjourn debate upon the Bill until Tuesday, May 6.
Rep. SHARPE moved to table the motion, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FLEMING moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
H. 3992 -- Reps. Fleming, Loftis, Rodgers, Mullen, Altman, H. Brown, Whipper, Battle, Cobb-Hunter, Neilson, Barfield, Seithel, R. Smith, Breeland, Sharpe, Cotty, Lee, Campsen, Sheheen, Walker, Delleney, Beck, Miller, Vaughn, Davenport, Kelley, M. Hines, Trotter, Witherspoon, Easterday, Wilder, Littlejohn, McCraw, Kirsh, McLeod, Keegan, Felder, Stille, Edge, Knotts, Whatley, Lanford, Limehouse, Phillips, Pinckney, Mack, J. Smith, Harrell, Wilkes and Harvin: A BILL TO AMEND SECTION 12-37-2680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.
The following Bill was taken up.
H. 3059 -- Reps. Inabinett, Altman, Lloyd and Moody-Lawrence: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCLUDE SEAFOOD PROCESSING FACILITIES WITHIN THE CLASSIFICATION OF AGRICULTURAL REAL PROPERTY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4142MM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-43-220(d) of the 1976 Code, as last amended by Act 406 of 1994, is further amended by adding at the end:
"(5) Any other provision of law to the contrary notwithstanding, a dockside facility whose primary use is the landing and processing of seafood is considered agricultural real property."
SECTION 2. Upon approval by the Governor, this act is effective for tax years beginning after 1996. /
Renumber sections to conform.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. KIRSH requested debate on the Bill.
The amendment was then adopted.
Rep. SPEARMAN moved to adjourn debate upon the Bill until Thursday, May 1.
Rep. INABINETT moved to table the motion, which was not agreed to by a division vote of 37 to 41.
The question then recurred to the motion to adjourn debate, which was rejected by a division vote of 23 to 55.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3271 -- Reps. D. Smith, Lanford, Edge, Kelley, Allison, Walker, Witherspoon, Davenport, Littlejohn, Lee and Keegan: A BILL TO AMEND SECTION 4-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF A SALES AND USE TAX OR TOLLS TO FINANCE TRANSPORTATION FACILITIES PROJECTS WITHIN A COUNTY, SO AS TO DELETE THE REQUIREMENT THAT WHEN THE SALES AND USE TAX IS IMPOSED, THE PROJECTS MUST BE CONNECTED AND FORM A SINGLE TRANSPORTATION SYSTEM.
Rep. D. SMITH proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1215SD.97), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered, to read:
/SECTION _____. Section 4-37-30(A)(2) of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1996, the referendum must be held on the first Tuesday occurring sixty days after the election commission receives the ordinance. If that Tuesday is a legal holiday, then the referendum must be held on the next succeeding Tuesday that is not a holiday. If the ordinance is received on January 1, 1996, or thereafter, the referendum must only be held at the time of a general election. However, a referendum for this purpose must not be held more often than once in twelve months and must be held on the Tuesday following the first Monday in November. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum, after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing."/
Renumber sections to conform.
Amend title to conform.
Rep. DOUG SMITH explained the amendment.
Reps. KIRSH and SIMRILL requested debate on the Bill.
Rep. SCOTT moved to adjourn debate upon the Bill.
Rep. D. SMITH moved to table the motion, which was agreed to.
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, read the second time, and ordered to a third reading:
H. 3298 -- Reps. Walker, Sharpe, Cotty, Wilder, Vaughn, Sandifer, Cato, Allison, Bailey, Littlejohn, Cooper, Kelley, Leach, Rhoad, Stille, Townsend, Stoddard, Barrett, Trotter, Harrell, Martin, Lanford, Keegan and Davenport: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Rep. WALKER explained the Bill.
The following Bill was taken up.
H. 3332 -- Reps. Witherspoon, H. Brown, Sandifer, Barfield, Barrett, Lee, Walker, Askins, Seithel, Battle, Whatley, Edge, Tripp, Keegan, Stille, Loftis, Kelley, Trotter, Cooper, Rhoad, Miller, Riser, Knotts, Mason, Limehouse, T. Brown, Harrell, Altman, Felder, Davenport, Phillips, McCraw, Kinon, Stoddard, Hawkins and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
Rep. SIMRILL requested debate on the Bill.
Rep. KOON explained the Bill.
Reps. YOUNG, KIRSH, WHIPPER and MACK requested debate on the Bill.
The following Bill was taken up.
H. 3345 -- Reps. Littlejohn, Barfield, Hinson, Rice, Neilson, Cave, Stille, Davenport, Cobb-Hunter, Inabinett, Whipper, Mason, Allison, Moody-Lawrence, Trotter, Walker, Barrett, Sandifer, Byrd, Lloyd, Kennedy, Webb, Young, McCraw, Mack, Lee, Altman, R. Smith, Leach, T. Brown, Wilder, J. Hines, Dantzler, Battle, Gourdine, Rodgers, Bowers, Maddox, Fleming, Martin and McLeod: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT NOT MORE THAN TWO PERSONAL MOTOR VEHICLES OWNED OR LEASED BY A PERSON WHO IS LEGALLY BLIND AND TO DEFINE "LEGALLY BLIND".
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1169MM.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, line 24, by deleting /two/ and inserting /one/, and continuing on Line 24, by deleting /vehicles/ and inserting /vehicle/.
When amended, SECTION 1 shall read:
/SECTION 1. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Not more than one personal motor vehicle owned or leased by a person who is legally blind. For purposes of this item, a person is legally blind if the person's vision meets the definition provided in Section 43-25-20(1)."/
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Rep. LITTLEJOHN explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4087 -- Reps. M. Hines, Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, 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, J. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, 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, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE GREATER COLUMBIA ALUMNI CHAPTER OF ALLEN UNIVERSITY ON ITS "FIRST FAMILY AND FRIENDS BANQUET", MAY 2, 1997, AND WELCOMING CONGRESSMAN FLOYD H. FLAKE OF NEW YORK, THE BANQUET'S GUEST SPEAKER AND DISTINGUISHED NATIONAL LEADER AND CHAMPION OF CAUSES FOR THE DISADVANTAGED.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SCOTT 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 question of a quorum was raised. A quorum was later present.
The following Bill was taken up.
H. 3419 -- Reps. Cobb-Hunter, R. Smith, Harrell, Kennedy and Harvin: A BILL TO AMEND SECTIONS 59-127-310, 59-127-320, 59-127-400, 59-127-440, AND 59-127-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OBLIGATION BONDS OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO DEFINE "NET ATHLETIC REVENUES" AND ADD THESE REVENUES TO THOSE REVENUE SERVICES PREVIOUSLY AVAILABLE FOR DEBT SERVICE ON THESE BONDS, TO REMOVE THE THREE MILLION DOLLAR OUTSTANDING DEBT LIMIT FOR THESE BONDS, TO AUTHORIZE BOND PROCEEDS TO BE USED FOR ACQUIRING, CONSTRUCTING, RECONSTRUCTING, RENOVATING, OR EQUIPPING ATHLETIC FACILITIES, AND TO REFUND PREVIOUSLY ISSUED BONDS, AND TO DELETE PROVISIONS RELATING TO ADVERTISING OF ISSUES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1195HTC.97), which was adopted.
Amend the bill, as and if amended, Section 59-127-320(B), as contained in SECTION 2, page 2, line 3, by striking / not more than three million dollars of / and inserting / not more than three forty million dollars of / so that Section 59-127-320(B), when amended, reads:
/(B) Subject to obtaining the approval of the state board expressed by resolution duly adopted, the trustees are authorized to issue not more than three forty million dollars of bonds for the purpose of acquiring, constructing, reconstructing, renovating, or equipping athletic facilities and for the purpose of refunding any previous series of bonds authorized by this section. Bonds issued pursuant to this section are payable from the admission fee, the special student fee, and net athletic revenues./
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH 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. 3465 -- Reps. Hodges and Harrell: A BILL TO AMEND SECTION 9-1-1770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRERETIREMENT DEATH BENEFITS FOR A STATE EMPLOYEE, SO AS TO PROVIDE FOR A FIFTY PERCENT DEATH BENEFIT TO ELIGIBLE SURVIVORS WHEN THE EMPLOYEE DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION OF STATE RETIREMENT BENEFITS FROM CERTAIN TAX LIABILITY, SO AS TO PROVIDE FOR THE NONTAXABILITY OF THE PRERETIREMENT DEATH BENEFITS PAYABLE TO ELIGIBLE SURVIVORS OF A STATE EMPLOYEE WHO DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES; AND TO AMEND SECTION 59-111-110, RELATING TO TUITION WAIVERS FOR CHILDREN OF CERTAIN STATE EMPLOYEES, SO AS TO INCLUDE THE SURVIVING CHILDREN OF A STATE EMPLOYEE WHO DIES A VIOLENT DEATH WHILE PERFORMING STATE DUTIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4448MM.97), which was adopted.
Amend the bill, as and if amended, Section 9-1-1770(C)(1), SECTION 1, page 2, by striking lines 16 through 18 and inserting:
/refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, in the event of his death pursuant to Section 9-1-1650, if the that person/
When amended Section 9-1-1770(C)(1) reads:
/(C)(1) Upon receipt of proof, satisfactory to the board, of the death of a contributing member in service who had completed at least one full year of membership in the system or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his employer's participation, there must be paid to the person he nominated or designated for the refund of his accumulated contributions, unless he has nominated a different beneficiary by written designation filed with the board, in the event of his death pursuant to Section 9-1-1650, if the that person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the member's accumulated contributions on his death pursuant to Sections 9-1-1650 or 9-1-1660. For purposes of this section, a member is considered to be in service at the date of his death if he has not retired and if within ninety days of his death was the last day the member he was employed in a continuous, regular pay status, while earning regular or unreduced wages and regular or unreduced retirement service credit, whether the member he was physically working on that day or taking continuous accrued annual leave or sick leave while receiving a full salary, occurred not more than ninety days before the date of his death and he has not retired./
Amend further, Section 9-1-1770(C)(2), page 2, line 36, by deleting /violence/ and inserting / an act by a person of criminal violence, which constitutes a felony under the 1976 Code, / and by inserting after /occurred/ on line 40 / on or after January 1, 1996,/.
When amended Section 9-1-1770(C)(2) reads:
/(2) Notwithstanding the provisions of item (1) of this subsection, upon receipt of the proper proof of death of an eligible member in service whose death was a natural and proximate result of an act by a person of criminal violence, which constitutes a felony under the 1976 Code, incurred while undergoing a hazard peculiar to the member's employment or while in the actual performance of his state duty, except that the death was without wilful negligence on the part of the deceased, and upon the finding and certification by the board that the death occurred on or after January 1, 1996, there must be paid to the member's surviving spouse, a pension of fifty percent of the member's compensation at the time of death. If there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member reaches the age of eighteen, the pension is paid to the children, divided in a manner as the board determines, to continue for the benefit of the children until every child dies or reaches the age of eighteen. If no spouse or children under the age of eighteen years survive the death of the member, the pension must be paid to the member's surviving father or mother, or both, as the board may direct, to continue for life. If the member at the time of his death does not leave a surviving spouse, or children under the age of eighteen, or surviving parents, no death benefit is payable under this section. The death benefit is payable apart and separate from the payment of any other benefits payable at the member's death pursuant to the provisions of Section 9-1-1650 or 9-1-1660./
Amend further, by striking Section 59-111-110, SECTION 3, page 4, and inserting:
/"Section 59-111-110. No tuition shall be charged for a period of four school years by any A state-supported college or university or any state-supported vocational or technical school shall not charge tuition for a period of four school years of undergraduate education for children of firemen, both regularly employed and members of volunteer organized units, organized rescue squad members, members of the Civil Air Patrol, law enforcement officers, or corrections officers, as defined herein in this article, including reserve and auxiliary units of counties or municipalities who become totally disabled or are killed in line of duty, or state teachers and employees, who are killed or become permanently and totally disabled as defined by the State Retirement System while performing their employment duties for the State of South Carolina or its political subdivisions, where the death or disability occurred as a result of a criminal act by another person against the employee, and the criminal act is a felony under the 1976 Code, or die a violent death while performing the state's duties on or after July 1, 1964 January 1, 1996."
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3468 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE.
Rep. ALTMAN explained the Bill.
H. 3550 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".
Rep. VAUGHN explained the Bill.
H. 3553 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.
Rep. BOAN explained the Bill.
H. 3554 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT.
Rep. VAUGHN explained the Bill.
H. 3556 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
Rep. BOAN explained the Bill.
H. 3557 -- Reps. Wilkins and H. Brown: A BILL TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Rep. VAUGHN explained the Bill.
H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Rep. R. SMITH explained the Bill.
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.
Rep. KLAUBER explained the Bill.
H. 3669 -- Reps. R. Smith, Wilkins, Boan, Harrell, Cobb-Hunter, Harvin, Webb, Jennings, Riser, Sharpe, Cromer, Felder, Cato, H. Brown and Witherspoon: A BILL TO AMEND CHAPTER 119, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 9, PROVIDING FOR CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
Rep. R. SMITH explained the Bill.
H. 3802 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
Rep. VAUGHN explained the Bill.
H. 4047 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES, AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. YOUNG explained the Joint Resolution.
The following Bill was taken up.
H. 3498 -- Reps. Knotts, Kennedy, Cobb-Hunter, Govan, Inabinett, Neal, Lanford, Whatley, McCraw, Bailey, Chellis, Young, Harrell, Scott, Simrill, Wilkins, Clyburn, Harrison, J. Smith, Riser, Altman, Fleming, Haskins, Tripp, Davenport, Keegan, Delleney and Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-765 SO AS TO AUTHORIZE THE TRANSFER OF ANNUAL LEAVE AND SICK LEAVE BETWEEN SPOUSES WHEN BOTH ARE EMPLOYED BY STATE AGENCIES SUBJECT TO THE TERMS AND CONDITIONS OF THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15114HTC.97), which was adopted.
Amend the bill, as and if amended, by striking Section 8-11-765 as contained in SECTION 1 and inserting:
/Section 8-11-765. When spouses both earn annual and sick leave pursuant to this chapter, and with the approval of the agency head of both spouses' employers, the spouses may transfer such leave to each other in the manner provided in this article and subject to the terms and conditions of this article./
Renumber sections to conform.
Amend title to conform.
Rep. H. BROWN 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. 3548 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MAY BE FILED ON MAGNETIC MEDIA.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\6090HTC.97), which was adopted.
Amend the bill, as and if amended, in Section 12-8-1550, as contained in SECTION 3, page 2, by striking subsection (C), beginning on line 25, and inserting:
/(C) Where essentially the same information required to be submitted by Section 12-8-1540 is required to be submitted to the Internal Revenue Service on magnetic media, the same method must be used for purposes of this section./
Amend totals and title to conform.
Rep. VAUGHN 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. 3650 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9344AC.97), which was adopted.
Amend the bill, as and if amended, beginning on page 3 by deleting Sections 2 and 3 of the bill and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-9515. The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall state that:
(1) the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support;
(2) the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in the notice; and
(b) fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or
(c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later."
SECTION 2. Section 12-6-3470 of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"Section 12-6-3470. (A) A taxpayer An employer who employs a person who received Aid to Families with Dependent Children Family Independence payments within this State for three months before becoming immediately preceding the month the person becomes employed is eligible for an income tax credit of:
(1) twenty percent of the wages paid to the employee for each full month of employment for the first twelve months of employment;
(2) fifteen percent of the wages paid to the employee for each full month of employment during the second twelve months of employment;
(3) ten percent of the wages paid to the employee for each full month during the third twelve months of employment.
The maximum aggregate credit that may be claimed in a tax year for a single employee under this subsection and Section 12-6-3360 is five thousand five hundred dollars.
(B) In addition to the credits provided for in subsection (A) and Section 12-6-3360, a taxpayer an employer who employs a person who received AFDC Family Independence payments within this State for three months before becoming immediately preceding the month the person becomes employed and employs that person to work full time in a least developed county, as defined in Section 12-6-3360, is allowed a credit in an amount equal to one hundred seventy-five dollars for each full month during the first thirty-six months of employment.
(C) The income tax credit provided by subsection (A) is not allowed unless the taxpayer employer also makes available full individual or participating family health care coverage paid for in part or in whole by the employer for the benefit of each qualified employee for which the credit is earned on the same basis that it is provided for other comparable employees. This credit is allowed from the date of hire for each full month of employment notwithstanding an employer imposed waiting period which must not exceed twelve months.
(D) The Department of Social Services and the South Carolina Employment Security Commission must make information available to employers interested in hiring AFDC Family Independence recipients and must provide documentation to employers verifying a person's status as an AFDC recipient. An employer shall request documentation as to AFDC eligibility from the South Carolina Employment Security Commission in writing within five days of employment. The commission has sixty days in which to either issue or deny this documentation. An employer shall submit an employee release and shall request in writing certification of Family Independence eligibility from the Department of Social Services by the fifteenth day of the first month after the end of the taxable year in which the employer hires the Family Independence recipient. The department has thirty days from the date the employer submits the employee release and request in which to approve or deny in writing certification of Family Independence eligibility.
(E) No income tax credit provided for in subsection (A) may be taken under this section if the position filled by the former AFDC recipient was made available due to the termination or forced resignation of an employee for the purpose of obtaining the tax credit. Nothing in this section creates a private cause of action which does not otherwise exist at law.
(F) A credit claimed under this section but not used in a taxable year may be carried forward fifteen years from the taxable year in which the credit is earned.
(G) For purposes of this section, 'Family Independence payments' means financial assistance provided under Title IV, Part A of the Social Security Act."/
Amend the bill further, page 6, by deleting Section 20-7-9520(B) and inserting:
/(B) Notice of a rescheduled negotiation conference must be served on the obligor not less than ten days before the date stated in the notice of continuance of negotiation conference./
Amend the bill further, page 11, by deleting Section 43-5-65(a) and inserting:
/(a) As a condition of eligibility, a needy family applying for Aid to Families with Dependent Children Family Independence benefits shall complete a certificate an application of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate application shall include blanks, wherein must be stated the names, birth dates, and Social Security numbers of all children receiving aid, adults, or minor parents applying for or receiving aid, their birthdates and Social Security numbers; their present place of residence,; the names and Social Security number of the adult or emancipated minor applicant, any their income received through from employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source; and any interest in property, real or personal. As a condition of eligibility for Aid to Families with Dependent Children, the applicant must provide, at a minimum, the following on an absent parent or putative father, or both:
(1) the first and last name and any known licenses as defined in Section 20-7-941(4) which may be subject to revocation; and
(2) at least two of the following items on each named:
(i) date of birth;
(ii) social security number;
(iii) last known home address;
(iv) last known employer's name and address;
(v) either of the absent parent's parent's name and address.
Failure to provide this information shall result in a finding of ineligibility of benefits for Aid to Families with Dependent Children unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent Family Independence benefits. The department shall provide assistance as needed to complete the certificate application and shall insure ensure that all applicants or recipients have or promptly apply for and obtain a Social Security number. No assistance may be granted to Aid to Families for Dependent Children Family Independence applicants or recipients until a valid Social Security number has been provided to the department for each member of the family for whom aid is sought or when numbers are not available until there is proof that application for the Social Security number has been made. The department shall assist the applicant or recipient in obtaining a Social Security number through procedures adopted in cooperation with the Social Security Administration or the applicant or recipient may apply for a Social Security number at the Social Security Administration office. For purposes of Aid to Families for Dependent Children state-funded or Title IV-E Foster Care, the application for the Social Security number must be made by the state or local department. The certificate of application for eligibility also shall provide that, as a condition of eligibility for aid, each applicant or recipient shall:
(1) Assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; however, by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency department exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child.
(2) Cooperate with the State in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed and in obtaining support payments for the applicant and for a child with respect to whom the aid is claimed or in obtaining any other payments or property due the applicant of the child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of items (1) and (2), aid for which the child is eligible must be provided in the form of protective payments. The department shall establish criteria in accordance with federal regulations to determine whether action to establish paternity and secure support is not in the best interest of a child."/
Amend the bill further, Section 43-5-65(e), page 13, line 37, by deleting /certificate/ and inserting /certificate application/ so when amended subsection (e) reads:
/(e) If the certificate application is mailed to the family, it must be accompanied by an addressed envelope for its return. In no event may the acts of mailing to the recipient or the recipient's return of a completed certificate application to the department be substituted in lieu of a personal interview. In the event the certificate is not completed and returned within ten days after it is mailed or personally delivered to the family, contact must be made with the family and the certificate shall then be completed with the assistance of the department if necessary. If there is a refusal to cooperate in completing the certificate, aid is denied or terminated consistent with appropriate notice requirements. In all cases where assistance is withheld or terminated for the above reason, the department shall investigate the welfare of any dependent child affected and, if necessary, the department shall take action on behalf of the child./
Amend the bill further, beginning on page 25, line 35, by deleting Section 43-5-220(a) and inserting:
/(a) Every approved applicant for aid to families with dependent children whose eligibility is based on deprivation due to absence of a parent from the home shall family independence benefits who has a child by a parent who is alive but not living in the home at the time of approval for aid to families with dependent children family independence must be immediately referred to the designated child support official of the department. The department shall be responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents./
Amend the bill further, Section 43-5-1110(3), page 32, line 18 after /through/ by inserting /the/ so when amended Section 43-5-1110(3) reads:
/(3) 'Welfare' means cash assistance payments through the Family Independence program formerly known as the Aid to Families with Dependent Children program which must be provided as a stipend to assist families to become employed./
Amend the bill further, beginning on page 32, by deleting Section 10 of the bill and inserting:
/SECTION 10. Section 43-5-1120(B) of the 1976 Code, as added by Act 102 of 1995, is amended to read:
/(B) An applicant who appears to be eligible for welfare assistance and who would be required to participate or who volunteers to participate in the department's employment and training program must be referred to an employment and training unit. An applicant referred must conduct an initial job search and shall provide evidence of this search by listing the employer contacted, the date of the visit with the employer, and the name and telephone number of the person with whom the applicant spoke. An applicant who does not provide this information must not be approved for assistance until the information is provided. An employment assessment must be conducted on an applicant who is unsuccessful in securing employment to determine if the applicant is job ready. An applicant who has been employed twelve out of the previous twenty-four months or who has graduated from high school or has obtained a GED must be considered job ready and must be enrolled in a job club or referred for evaluation or assessment or other services conducive to employment. Following participation in a job club, the applicant must conduct a job search for an additional period of no more than sixty days or until the applicant obtains employment, whichever occurs first. An applicant who is not job ready or a job-ready participant who is unsuccessful in the job search must be evaluated for barriers to employment. An individual agreement containing training and employment requirements must be developed for the participant. For purposes of this subsection 'job club' means a group or individual job readiness training session where participants learn job finding and job retention skills./
Amend the bill further, by deleting SECTION 12 of the bill.
Amend the bill further, Section 43-5-1190, page 34, lines 35 and 41 after /AFDC/ by inserting /FI/ and by striking on line 40 /or alcohol related offense/, so when amended, Section 43-5-1190 reads:
/Section 43-5-1190. An AFDC A Family Independence recipient who, while receiving AFDC FI benefits, has been identified as requiring alcohol and other drug abuse treatment service or who has been convicted of an alcohol related offense or a controlled substance violation or gives birth to a child with evidence of the effects of maternal substance abuse and the child subsequently is shown to have a confirmed positive test performed on a suitable specimen within twenty-four hours of birth, is ineligible for AFDC FI assistance unless the recipient submits to random drug tests and/or participates in an alcohol or drug treatment program approved by the Department of Alcohol and Other Drug Abuse Services. Upon completion of the program, if a subsequent random test or subsequent conviction for a controlled substance violation or alcohol related offense occurs, the recipient is ineligible for AFDC FI benefits. Benefits may be reinstated at a later time upon reapplication, if the recipient first undergoes a conciliation assessment, including review and/or modification of the prescribed individual treatment program and agreement, and then agrees to comply with its terms and demonstrates compliance for a period of not less than sixty days. Testing of a child's specimen pursuant to this section must be conducted by a medical laboratory certified by the College of American Pathologists or the National Institute of Drug Abuse for Forensic Urine Drug Testing./
Renumber sections to conform.
Amend title to conform.
Rep. FELDER 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. 3651 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-3-235, 20-7-853, AND 20-7-854; AND BY AMENDING SECTIONS 20-1-220, 20-1-350, 20-7-949, 20-7-957, 44-7-77, AS AMENDED, 44-63-60, AS AMENDED, 44-63-75, 44-63-80, AS AMENDED, 44-63-84, 44-63-86, AND 44-63-110, AS AMENDED, ALL RESPECTIVELY RELATING TO DIVORCE DECREES, ADMINISTRATIVE AND JUDICIAL ORDERS, MARRIAGE LICENSES, OCCUPATIONAL AND PROFESSIONAL LICENSES, BUSINESS LICENSES, DRIVERS' LICENSES, HUNTING, FISHING, OR TRAPPING LICENSES, PATERNITY ORDERS AND ACKNOWLEDGMENTS, BIRTH AND DEATH CERTIFICATES, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON OR IN THESE DOCUMENTS AND TO EXEMPT THE DEPARTMENT OF SOCIAL SERVICES FROM PAYING A FEE FOR OBTAINING COPIES OF THESE DOCUMENTS IF THE DOCUMENT IS NEEDED FOR THE PURPOSE OF ESTABLISHING PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING CHILD SUPPORT; TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING PART III, SO AS TO ESTABLISH PROCEDURES FOR CREATING, PERFECTING, AND COLLECTING A LIEN FOR PAST-DUE CHILD SUPPORT IN AN AMOUNT EQUAL TO OR GREATER THAN $2,500; TO ADD SECTION 20-7-92, SO AS TO REQUIRE THE COURT TO ORDER TEMPORARY PAYMENT OF CHILD SUPPORT PENDING A JUDICIAL DETERMINATION OF PATERNITY UNDER CERTAIN CONDITIONS; TO ADD SECTION 20-7-855, SO AS TO PROVIDE THAT COPIES OF BILLS FOR TESTING FOR PARENTAGE AND PRENATAL AND POSTNATAL HEALTH CARE ARE PRIMA FACIE EVIDENCE IN PATERNITY ACTIONS FOR EXPENSES INCURRED; TO ADD SECTION 20-7-958 SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A LEGAL FINDING OF PATERNITY; TO AMEND SECTION 20-7-956 RELATING TO ADMISSIBILITY OF EVIDENCE IN PATERNITY ACTIONS SO AS TO PROVIDE THAT A VERIFIED VOLUNTARY ACKNOWLEDGMENT OF PATERNITY CREATES A CONCLUSIVE PRESUMPTION OF PATERNITY; TO AMEND SECTION 44-63-163 RELATING TO BIRTH CERTIFICATES SUBSEQUENT TO A PATERNITY DETERMINATION SO AS TO PROVIDE THAT THE CHANGE ALSO MAY BE MADE UPON A DETERMINATION MADE BY AN ADMINISTRATIVE AGENCY; TO ADD SECTIONS 20-7-1124, 20-7-1126, 20-7-1127, 20-7-1128, 20-7-1129, 20-7-1153, 20-7-1155; TO AMEND SECTIONS 20-7-965, AS AMENDED, 20-7-1010, AS AMENDED, 20-7-1040, 20-7-1100, 20-7-1125, 20-7-1152, AND 20-7-1154, ALL RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO CONFORM THIS ACT TO THE ACT AS REVISED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO INCOME WITHHOLDING SO AS TO REVISE DEFINITIONS AND TO REVISE CONDITIONS UNDER WHICH INCOME WITHHOLDING IS IN EFFECT; TO ADD SECTION 20-7-9570; TO AMEND SECTIONS 20-7-9505, AS AMENDED, AND 20-7-9510, RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ADMINISTRATIVELY CHANGE A GOVERNMENTAL PAYEE WHEN THE CHILD SUPPORT CASE IS SUBJECT TO ASSIGNMENT OR REQUIRED TO BE PAID THROUGH A GOVERNMENTAL ENTITY AND TO REVISE DEFINITIONS; TO ADD SECTION 20-7-856 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO REMIT TO THE FEDERAL GOVERNMENT ITS SHARE OF FINES COLLECTED FOR FAILING TO COMPLY WITH SUBPOENAS AND CERTAIN CHILD SUPPORT ENFORCEMENT REQUIREMENTS; TO ADD SECTION 20-7-9575 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE ADMINISTRATIVE SUBPOENAS; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT SO AS TO AUTHORIZE THE COURT TO ENFORCE ADMINISTRATIVE SUBPOENAS ISSUED BY THE DEPARTMENT; TO AMEND SECTION 27-23-10 RELATING TO VOIDING CONVEYANCES MADE TO DEFRAUD CREDITORS SO AS TO PROVIDE CONDITIONS UNDER WHICH A REBUTTABLE PRESUMPTION IS CREATED THAT A CHILD SUPPORT DEBTOR INTENDED TO TRANSFER INCOME OR PROPERTY TO AVOID PAYMENT TO A CHILD SUPPORT CREDITOR; TO ADD SECTIONS 43-5-595, 43-5-596, AND 43-5-597; AND TO AMEND SECTION 41-29-170, AS AMENDED, SECTION 43-5-590, AS AMENDED, RELATING TO INFORMATION TO BE PROVIDED BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES AND RELATING TO THE DEPARTMENT'S DUTIES RELATIVE TO THE STATE CHILD SUPPORT PLAN, SO AS TO CLARIFY EMPLOYERS WHO MUST PROVIDE INFORMATION TO THE DEPARTMENT FOR THE PURPOSE OF THE ESTABLISHMENT OF PATERNITY OR THE ESTABLISHMENT, NOTIFICATION, OR ENFORCEMENT OF A SUPPORT OBLIGATION, TO REQUIRE UTILITY COMPANIES AND FINANCIAL INSTITUTIONS TO PROVIDE INFORMATION ON ITS CUSTOMERS FOR SUCH PURPOSES, TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCLOSURE OF SUCH INFORMATION AND TO SPECIFY INFORMATION THE EMPLOYMENT SECURITY COMMISSION MUST PROVIDE; TO ADD SECTION 43-5-598 SO AS TO REQUIRE EMPLOYEES TO REPORT INFORMATION TO THE DEPARTMENT ON EMPLOYEES WHO ARE NEWLY HIRED; TO AMEND SECTION 43-5-610 RELATING TO THE CENTRAL REGISTRY OF RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES SO AS TO REVISE THE INFORMATION TO BE MAINTAINED AND TO WHOM INFORMATION MAY BE RELEASED; AND TO REPEAL SECTION 43-5-222 RELATING TO THE PORTION OF CHILD SUPPORT PAYMENTS TO BE PAID TO WELFARE RECIPIENTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7280AC.97), which was adopted.
Amend the bill, as and if amended, Section 20-7-1332(A), page 10, beginning on line 16 by deleting :
/ two thousand, five hundred dollars / and inserting:
/ one thousand dollars /
so when amended Section 20-7-1332(A) reads:
/Section 20-7-1332. (A) A child support obligation which is unpaid in an amount equal to or greater than one thousand dollars, as of the date on which it was due, is a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by the Department of Social Services, Child Support Enforcement Division, or its designee (division) or the family court is due and payable as of the date the amount is established. The lien shall incorporate any unpaid child support which may accrue in the future and does not terminate except as provided in subsection (D). Upon recordation or registration in accordance with subsection (C), the lien shall encumber all tangible and intangible property, whether real or personal, and an interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises is subject to the lien, subject to the limitations provided in subsections (C) and (D)./
Amend the bill further Section 20-7-1332(D), page 11, line 42 by deleting / fifty / and inserting /fifth/ so when amended Section 20-7-1332(D) reads:
/(D) The lien expires upon termination of a current child support obligation and payment in full of unpaid child support or upon release of the lien by the division. In any event, a lien under this section expires six years from the date on which the lien was first perfected. The lien may be extended for additional periods of six years each by recording, during the fifth year of the lien, a further notice of the lien, as provided in subsection (C), without affecting the priority of the lien. Expiration of the lien does not terminate the underlying order or judgment of child support. The division may issue a full or partial waiver of a lien imposed under this section. The waiver or release is conclusive evidence that the lien upon the property covered by the waiver or release is extinguished./
Amend the bill further, Section 20-7-1332(I), page 13, line 23 by deleting /provided in this section /. So when amended Section 20-7-1332(I) reads:
/(I) A person aggrieved by a determination of the division pursuant to subsection (B), upon exhaustion of the procedures for administrative review may seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support. The court may review the proceedings taken by the division pursuant to this section and may correct any mistakes of fact; however, the court may not reduce or retroactively modify child support arrears./
Amend the bill further, Section 20-7-1332, page 13, by inserting on line 38:
/(K) The division may promulgate regulations to implement this section./
Amend the bill further, Section 20-7-855, page 14, after the / . / by inserting:
/An individual or entity who proposes or submits falsified billing information, is subject to the contempt powers of the court./ So when amended Section 20-7-855 reads:
/Section 20-7-855. If copies of bills are furnished to the adverse party at least ten days before the date of an administrative or judicial hearing, the bills for testing for parentage and for prenatal and postnatal health care of the mother and child must be admitted as evidence without third party foundation testimony and are prima facie evidence of the amounts incurred for the services or for testing and that the amounts were reasonable, necessary, and customary. An individual or entity who proposes or submits falsified billing information, is subject to the contempt powers of the court./
Amend the bill further, page 18, by deleting Section 20-7-1010(B)(1) as contained on lines 19-23 and inserting:
/2 (1) if only one tribunal has issued a child support order would have continuing, exclusive jurisdiction under this subarticle, the order of that tribunal is controlling and must be recognized;/
Amend the bill further, Section 27-23-10, page 28, line 25 by deleting / feoffment, / and inserting/ feoffment, / so when amended Section 27-23-10(A) reads:
/(A) Every feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements or hereditaments, goods and chattels, or of any of them, or of any lease, rent, commons or other profit or charge out of the same, by writing or otherwise, and every bond, suit, judgment and execution which may be had or made to or for any intent or purpose to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties and forfeitures shall be deemed and taken (only as against that person or persons, his or their heirs, successors, executors, administrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties and forfeitures by such guileful, covinous or fraudulent devices and practices, as is aforesaid, are, shall or might be in any ways disturbed, hindered, delayed or defrauded) to be clearly and utterly void, frustrate and of no effect, any pretense, color, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding./
Amend the bill further, page 30, by deleting Section 43-5-595)(A)(3), as contained on lines 18-30 and inserting:
/(3) A state or local agency of this State shall provide access to information contained in:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled personal property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission providing this information to the department may charge the department a fee that does not exceed the costs of providing the information./
Renumber sections to conform.
Amend title to conform.
Rep. FELDER 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. 3819 -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4447MM.97), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 4-1-175 of the 1976 Code, as added by Act 361 of 1992, is amended to read:
"Section 4-1-175. A county or municipality receiving revenues from a payment in lieu of taxes pursuant to Section 13 of Article VIII of the Constitution of this State may issue special source revenue bonds secured by and payable from all or a part of that portion of the revenues which the county is entitled to retain pursuant to the agreement required by Section 4-1-170 in the manner and for the purposes set forth in Section 4-29-68. The county or municipality may pledge the revenues for the additional securing of other indebtedness in the manner and for the purposes set forth in Section 4-29-68.
A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 13 of Article VIII of the Constitution of this State may use a portion of this revenue for the purposes outlined in Section 4-29-68 without the requirement of issuing the special source revenue bonds or meeting the requirements of Section 4-29-68(A)(4).
A political subdivision of this State subject to the limitation of either Section 14(7)(a) or Section 15(6) of Article X of the Constitution of this State pledging pursuant to this section all or a portion of the revenues received and retained by that subdivision from a payment in lieu of taxes to the repayment of any bonds shall not include in the assessed value of taxable property located in the political subdivision for the purposes of calculating the limit imposed by those sections of the Constitution any amount representing the value of the property that is the basis of the pledged portion of revenues. If the political subdivision, before pledging revenues pursuant to this section, has included an amount representing the value of a parcel or item of property that is the subject of a payment in lieu of taxes in the assessed value of taxable property located in the political subdivision and has issued general obligation debt within the debt limit calculated on the basis of such assessed value, then it may not pledge pursuant to this section revenues based on the item or parcel of property, to the extent that the amount representing its value is necessary to permit the outstanding general obligation debt within the debt limit of the political subdivision."
SECTION __. Section 4-12-30(Q) of the 1976 Code, as added by Act 125 of 1995, is amended by adding:
"(7) Within thirty days of the date of execution of an inducement or lease agreement, a copy of the agreement must be filed with the Department of Revenue and the county auditors and the county assessors for the county or counties in which the project is located. If the project is located in a multicounty park, the agreements must be filed with the auditors and assessors for all counties participating in the multicounty park."
SECTION __. Section 4-29-67(W) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(6) Within thirty days of the date of execution of an inducement or lease agreement, a copy of the agreement must be filed with the Department of Revenue and the county auditors and the county assessors for the county or counties in which the project is located. If the project is located in a multicounty park, the agreements must be filed with the auditors and assessors for all counties participating in the multicounty park."
SECTION __. If the stream of payments from a fee in lieu of tax agreement becomes insufficient to completely service the payments of interest and principal due pursuant to a debt obligation issued pursuant to Section 4-29-68, a penalty must be imposed, in addition to any amount of fee in lieu of tax payment otherwise due or payable, in the amount necessary to pay all amounts of interest and principal which are not otherwise paid by the pledged fee revenue. This penalty does not apply if the entity obligated to make the fee payments or a member of the control group associated with the entity owns the entire bond issue one year before any such default of payment. /
Amend further, Section 12-44-80(A), SECTION 1, page 10, by deleting line 22 through 33.
When amended Section 12-44-80(A) reads:
/(A) For a project not located in a multicounty park, distribution of the fee payments on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable./
Amend further, page 14, line 36, by deleting /Section 12-44-150/ and inserting / 12-44-160/.
When amended Section 12-44-160 reads:
/Section 12-44-160. This chapter must be construed liberally in accordance with the findings in Section 12-44-20 with due regard to the paramount importance of the county council approvals required throughout this chapter. If the General Assembly adopts enabling legislation, property that would be exempt under this chapter but is held not to be exempt because of the unconstitutionality or illegality of this chapter, or any portion of it, is exempt from property tax under Section 4-29-67 or Chapter 12 of this title if the project and county approval would have met the requirements for exemption under them, except that fees in lieu of taxes must have been, and must continue to be, made in the amounts required by Section 4-29-67 or Chapter 12 of this title./
Amend further, page 14, after line 35, by adding a new section to read:
/Section 12-44-150. Projects to which a fee agreement applies pursuant to this section are considered taxable property at the level of the negotiated payments for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3). However, for a project located in an industrial development park as defined in Section 4-1-170, projects are considered taxable property in the manner provided in Section 4-1-170 for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3). However, the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E)./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. HODGES proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15179HTC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 12-43-220(d) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding at the end:
"(5) Any property which becomes exempt from property taxes under Section 12-37-220(A)(1) or any economic development property which becomes exempt under Section 12-37-220(B) is not subject to rollback taxes."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRELL 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 Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Mack Maddox Martin Mason McCraw McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 135 -- Senator McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221, SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(C) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET; AND TO PROVIDE FOR REFUNDS UPON APPLICATION.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 188 -- Senators Drummond, Giese and Rose: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Rep. BOAN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4088 -- Rep. Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNS AT EXIT 68 ON INTERSTATE HIGHWAY 20 IN RICHLAND COUNTY THAT INFORM MOTORISTS THAT THE SOUTH CAROLINA FIRE ACADEMY MAY BE ACCESSED FROM THIS EXIT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. LOFTIS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 3992 -- Reps. Fleming, Loftis, Rodgers, Mullen, Altman, H. Brown, Whipper, Battle, Cobb-Hunter, Neilson, Barfield, Seithel, R. Smith, Breeland, Sharpe, Cotty, Lee, Campsen, Sheheen, Walker, Delleney, Beck, Miller, Vaughn, Davenport, Kelley, M. Hines, Trotter, Witherspoon, Easterday, Wilder, Littlejohn, McCraw, Kirsh, McLeod, Keegan, Felder, Stille, Edge, Knotts, Whatley, Lanford, Limehouse, Phillips, Pinckney, Mack, J. Smith, Harrell, Wilkes and Harvin: A BILL TO AMEND SECTION 12-37-2680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.
Rep. FLEMING explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4048 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REPEAL OF OBSOLETE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LANFORD explained the Joint Resolution.
H. 3528 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS OR ITS DESIGNEE RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.
Rep. YOUNG-BRICKELL explained the Bill.
H. 3601 -- Rep. Boan: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.
Rep. YOUNG-BRICKELL explained the Bill.
H. 3625 -- Rep. Harrell: A BILL TO AMEND SECTION 12-6-3420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE INCOME TAX CREDIT FOR CONSTRUCTION OF OR IMPROVEMENT TO AN INFRASTRUCTURE PROJECT, SO AS TO REDEFINE "INFRASTRUCTURE PROJECT", TO CLARIFY THE MEANING OF "QUALIFIED PRIVATE ENTITY", TO DEFINE "RELATED TAXPAYER", TO PROHIBIT A CLAIM FOR THE CREDIT BEFORE DEDICATION OR CONVEYANCE OF THE PROJECT, TO PROVIDE FOR PAYMENT OF TAX DUE ON A ROAD THAT IS LATER REMOVED FROM THE INFRASTRUCTURE PROJECT, AND TO DELETE ALLOWANCE OF THE TAX CREDIT TO CORPORATIONS ON A CONSOLIDATED BASIS.
Rep. HARRELL explained the Bill.
H. 3810 -- Reps. Harrell, Altman, J. Smith, R. Smith, Breeland, H. Brown, Campsen, Limehouse, Boan, Whatley, Hodges, Allison, Wilkins, Lanford and Littlejohn: A BILL TO AMEND SECTION 33-56-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS EXEMPT FROM FILING A REGISTRATION STATEMENT WITH THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT A PARENT-TEACHER ORGANIZATION AFFILIATED WITH AN EDUCATIONAL INSTITUTION IS EXEMPT.
Rep. HARRELL explained the Bill.
H. 4053 -- Ways and Means Committee: A BILL TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY FROM ESTATES OF CERTAIN INDIVIDUALS FOR MEDICAL ASSISTANCE, SO AS TO ESTABLISH CONDITIONS FOR UNDUE HARDSHIP UNDER WHICH SUCH RECOVERY MUST BE WAIVED UNTIL THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ESTABLISHES CRITERIA.
Rep. FELDER explained the Bill.
H. 4054 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LANFORD explained the Joint Resolution.
H. 4055 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4056 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3801 -- Reps. Wilkins, F. Smith, Loftis, Haskins, Cato, Tripp, Hamilton, Vaughn, Easterday, McMahand, Rice and Leach: A BILL TO AMEND SECTION 9-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE PENSION FUND FOR MUNICIPAL FIREMEN, SO AS TO CHANGE THE COMPOSITION OF THE BOARD.
Rep. BREELAND explained the Bill.
The following Bill was taken up.
H. 3127 -- Reps. Simrill, Walker and Robinson: A BILL TO PROVIDE THAT TECHNICAL COLLEGES AS WELL AS STATE-SUPPORTED COLLEGES AND UNIVERSITIES MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN TWO PERCENT OF THEIR UNDERGRADUATE STUDENT BODY DURING FISCAL YEAR 1996-97.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7277AC.97), which was adopted.
Amend the bill, as and if amended, SECTION 1 of the bill, page 1, beginning on line 23 by deleting /during fiscal year 1996-97/ so when amended SECTION 1 reads:
/SECTION 1. Under the provisions of Paragraph 72.15, Part IB of Act 458 of 1996, technical colleges as well as state-supported colleges and universities may offer educational fee waivers to no more than two percent of their undergraduate student body.
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG-BRICKELL 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. 3450 -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
The Ways & Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15134HTC.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, line 29, by striking /interest/ and inserting /interest/ and on line 33 by striking /interest/ so that when amended, SECTION 1 reads:
/SECTION 1. The last paragraph of Section 12-28-2740(A) of the 1976 Code, as last amended by Section 49, Part II, Act 145 of 1995, is further amended to read:
"All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway Fund added to the distribution to counties under this section in the ratio that the county's annual distribution is of the total of these distributions statewide. These distributions of earnings and the calculation required to determine the appropriate amount shall not include those counties administering their own 'C' funds."/
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. VAUGHN continued speaking.
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. 3626 -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20520MM.97), which was adopted.
Amend the bill, as and if amended, page 5, beginning on line 26, by striking in its entirety subsection (C) of Section 12-21-6570 of the 1976 Code as contained in SECTION 1;
Amend the bill further, as and if amended, page 6, line 11, in Section 12-21-6570(G) of the 1976 Code, as contained in SECTION 1, by striking /filed/ and inserting /approved/;
When amended Section 12-21-6570(G) shall read:
"(G) The boundaries of a designated development area must be determined prior to the date that the certification application is approved."
Amend the bill further, as and if amended, page 4, beginning on line 33, by striking in its entirety Section 12-21-6550 of the 1976 Code as contained in SECTION 1, and inserting:
/Section 12-21-6550. In order to obtain the amounts provided in Sections 12-21-6530 and 12-21-6540:
(A) The county or municipality in which the major tourism or recreation facility or major tourism or recreation area is located must file with the department a certification application. A separate certification application must be filed for each tourism or recreation facility located in a tourism or recreation area. The certification application must be filed within one year of the end of the investment period. The department must notify the county or the municipality, in writing, if the certification application has been approved.
(B) A tourism or recreation facility for which a certification application has been filed must request a determination from the council as to the status of the tourism or recreation facility. The council must classify each tourism or recreation facility as a new tourism or recreation facility or an expansion to an existing tourism or recreation facility. If a tourism or recreation facility is classified as an expansion to an existing tourism or recreation facility, Section 12-21-6580 applies. The request for determination of classification must be included in the certification application. The department must forward a copy of the request to the council for its determination./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL 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. 3551 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1199HTC.97), which was adopted.
Amend the bill, as and if amended, by striking Section 12-37-251(A) as contained in SECTION 1, beginning on page 1 and inserting:
/(A)(1) The State Property Tax Relief Fund shall be is established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995 or the current school operating millage, whichever is lower, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage or the current school operating millage, whichever is lower, is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe. Funds distributed to a taxing district as provided in item subsection (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(2) Notwithstanding the provisions of this subsection, a school district whose operating millage falls below the 1995 school year operating millage may request to receive tax relief based on the 1995 operating millage, or equivalent millage rate, if one of the following conditions are met:
(a) the current operating millage per pupil plus the current debt service millage is equal to or less than the total millage per pupil for 1995;
(b) the operating millage per pupil for the 1995 tax year reduced by the amount by which the total millage per pupil for all purposes in the current year exceeds the total millage per pupil for the 1995 tax year but not below the actual operating millage per pupil for the current year.
The department of Revenue is responsible for certifying that the conditions are met based on the latest completed fiscal year data of the requesting district.
Any funds received by an eligible school district in excess of its current millage under this subsection may be used by the district to pay bonded indebtedness./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4501MM.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-126. (A) The board of trustees of a school district, by resolution adopted by at least a two-thirds majority vote, may impose a one-time capital cost fee on the construction or set-up of residential property in the district. A fee imposed must not be less than one thousand dollars nor more than two thousand five hundred dollars and must be imposed uniformly on all residential property to which it applies. Eighty-five percent of these capital cost fees must be used exclusively for new school building construction in the district, and the remainder must be used to provide new water and sewer lines to new subdivisions in the district. The fee must be paid to the county treasurer and credited to a separate fund for the use provided by law.
(B) As used in this section:
(1) 'Residential property' means a separate structure built or manufactured to house a single family located or set up on a lot, whether site-built or, in the case of manufactured or modular housing, transported to the site and set up.
(2) 'School district' means a school district that in each of the most recently completed four school years has had an annual growth of at least five hundred in student enrollment as measured by average daily membership.
(C)(1) The fee must be paid after a final inspection in order to receive the certificate of occupancy. The amount of the fee must be pro rated on a daily basis for the number of days beginning with the date of the certificate of occupancy through and including December thirty-first.
(2) The fee is due and payable from the person required to make the application pursuant to Section 12-43-220(c).
(D) 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.
(E) This fee must be imposed, returned, and collected like a property tax."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. QUINN raised a Point of Order that Amendment No. 2 was not germane to the Bill.
Rep. KOON argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4062 -- Rep. Harrison: A BILL TO AMEND SECTION 59-121-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO REVISE THE AGE LIMITATION WITH RESPECT TO ELIGIBILITY FOR ELECTION.
Rep. HARRISON proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9405HTC.97), which was adopted.
Amend the bill, as and if amended, Section 59-121-30, as contained in SECTION 1, page 1, line 30, by striking /No/ and inserting /Beginning with 1996 elections for members, no/
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON continued speaking.
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. 3504 -- Reps. Limehouse, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, H. Brown, J. Brown, Byrd, Cato, Chellis, Cotty, Davenport, Felder, Fleming, Harrell, Harvin, J. Hines, Howard, Inabinett, Keegan, Kelley, Kinon, Lanford, Law, Leach, Littlejohn, Lloyd, Loftis, Mason, McMahand, Miller, Mullen, Quinn, Rhoad, Rice, Riser, Rodgers, Seithel, Sharpe, F. Smith, R. Smith, Spearman, Stille, Tripp, Vaughn, Whatley, Whipper, Wilder, Witherspoon and Young: A BILL TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-270, AS AMENDED, RELATING TO THE RECEIPT, DEPOSIT, AND USE OF FEES RECEIVED UNDER THE COASTAL FISHERIES LAWS, SO AS TO FURTHER PROVIDE FOR SUCH RECEIPT, DEPOSIT, AND USE; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO EXEMPT FISHERMEN FISHING FOR CRABS WITH ANY GEAR OTHER THAN A WIRE TRAP OR POT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20580SD.97), which was adopted.
Amend the bill, as and if amended, by striking SECTION 7 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. MILLER proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1219SD.97), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ______. The 1976 Code is amended by adding:
"Section 50-17-723. It is unlawful to use crab traps (pots) for commercial purposes in Georgetown County from the Southern tip of Pawleys Creek to the northern tip of Magnolia Beach. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, and must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. MILLER 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. 3112 -- Rep. Byrd: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION, TREATMENT, AND EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7278AC.97), which was adopted.
Amend the bill, as and if amended, by deleting Section 44-125-20(B) and inserting:
/(B) All funds received by the department for the Osteoporosis Education Fund must be deposited with the State Treasurer. Earnings on the funds must be credited to the fund. Funds remaining in the account for the fund at the end of the fiscal year may be carried forward by the fund./
Amend the bill further, Section 44-125-30, page 2, line 8 before /may/ by inserting /if funds are available and received from the Osteoporosis Education Fund/ so when amended, that portion of Section 44-125-30 preceding item (1) reads:
"To implement the purposes of the fund the department may establish an Osteoporosis Prevention and Treatment Education Program and, if funds are available and received from the Osteoporosis Education Fund, may:"
Amend the bill further, Section 44-125-40, page 2, line 39 before /may/ by inserting /and if funds are available and received from the Osteoporosis Education Fund,/ so when amended, that portion of Section 44-125-40, preceding item (1), reads:
"Additionally the department, in carrying out its responsibilities under this chapter, and if funds are available and received from the Osteoporosis Education Fund, may:"
Renumber sections to conform.
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
The following Bill was taken up.
H. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
Reps. STUART, LITTLEJOHN and TOWNSEND proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4503CM.97).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-195. All students transported by a public school or governmental agency or their agent to or from public school in a vehicle designed or used to transport more than ten passengers, in addition to the driver, must be transported in a school bus as defined in Section 56-5-190 and requirements provided in Chapter 67, Title 59. All students transported, by a private school or their agent to or from private school in a vehicle designed or used to transport more than fifteen passengers, including the driver, must be transported in a school bus as defined in Section 56-5-190 and the requirements contained in Section 59-67-40. 'To and from school' means the transportation of the student between his residence and the school and student transportation that occurs during the school day to regular off-campus classroom sites. To and from school also includes any transportation of students that allows a student to exit or enter the school bus while the bus in on a roadway."
SECTION 2. Section 56-5-190 of the 1976 Code is amended to read:
"Section 56-5-190. Every A 'school bus' is a motor vehicle that complies with the color and identification requirements set forth in Section 59-67-30 and State Board of Education Regulations and Specifications Pertaining to School Buses which is designed or used to transport children more than ten passengers, in addition to the driver, to or from public school or in connection with related school activities, or both, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a "school bus". A 'school bus' must comply with the applicable Federal Motor Vehicle Safety Standards and exhibit the color and identification requirements of the National Standards for School Transportation."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Reps. YOUNG-BRICKELL, TRIPP, HASKINS, LOFTIS, ALTMAN, HAWKINS and LAW requested debate on the Bill.
Rep. J. BROWN moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4089 -- Rep. Bowers: A HOUSE RESOLUTION CONGRATULATING THE RESIDENTS OF THE TOWN OF VARNVILLE IN HAMPTON COUNTY ON THE OCCASION OF ITS ONE HUNDRED AND TWENTY-FIFTH ANNIVERSARY.
The Resolution was adopted.
The Senate sent to the House the following:
S. 711 -- Senator Hutto: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF SOUTH CAROLINA WHO DIED ON THE JOB BY DECLARING APRIL 28, 1997, "WORKERS' MEMORIAL DAY".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 714 -- Senator Short: A CONCURRENT RESOLUTION COMMENDING AND THANKING LAURA MULLER THOMAS FOR HER MANY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO THE TOWN OF RIDGEWAY, AND CONGRATULATING HER UPON HER RETIREMENT AS THE MAYOR OF RIDGEWAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4090 -- Rep. Tripp: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE OVER THE REEDY RIVER ON LOG SHOALS ROAD, BETWEEN NEELEY FERRY ROAD AND FORK SHOALS ROAD IN GREENVILLE COUNTY, IN HONOR OF W. M. AND MABEL RIDDLE AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4091 -- Rep. Kennedy: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE REVEREND TERRANCE G. MACKEY, SR., PASTOR OF MT. ZION AFRICAN METHODIST EPISCOPAL CHURCH OF GREELEYVILLE WHICH BURNED JUNE 20, 1995, AND TO REFLECT UPON HIS TIRELESS EFFORTS TO BRING UNITY TO ALL PEOPLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.
Referred to Committee on Judiciary.
S. 641 -- Senators Holland and Bryan: A BILL TO AMEND SECTION 62-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO GIVE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, RELATING TO APPEALS, SO AS TO ADD A PROVISION ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201(24) FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS DEEMED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO DELETE LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE FROM SUBSECTION (7), AND TO ADD THIS LANGUAGE TO SUBSECTION (8) WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO ALLOW INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO ALLOW THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT THE PERSON TO BE PROTECTED BE PERSONALLY SERVED WITH NOTICE AT LEAST TWENTY DAYS PRIOR TO THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE THAT A CONSERVATOR MAY, WITH COURT APPROVAL, ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT MARRIAGE DOES NOT END A CONSERVATORSHIP, BUT RATHER ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO REPEAL SUBSECTION (D); TO AMEND SECTION 62-7-705, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO ALLOW RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.
Referred to Committee on Judiciary.
The following Bill was taken up.
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20607AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-19-20(17) as contained in SECTION 1, page 19, line 26, before /one/ by inserting /at least/
When amended Section 40-19-20(17) shall read:
"(17) 'Manager' means a licensed funeral director who has been a resident of this State for at least one year and who is responsible for the management of funeral establishments including compliance with all applicable laws governed by this chapter and Chapters 7 and 8 of Title 32."
Amend the bill further, as and if amended, Section 40-19-110, page 21 by inserting on line 41
/(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need./ so when amended Section 40-19-110 reads:
/Section 40-19-110. The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes:
(1) making misrepresentations or committing fraud while engaging in the practice of funeral service;
(2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment;
(3) soliciting dead human bodies by a licensee or a licensee's agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, but not including general advertising;
(4) employing persons known as 'cappers' or 'steerers' or 'solicitors' or other persons to obtain business for the licensee;
(5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
(6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct;
(7) aiding or abetting an unlicensed person to engage in the practice of funeral service;
(8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
(9) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
(10) failing to secure a permit for removal or burial of a dead human body before interment or disposal;
(11) knowingly making a false statement on a certificate of death;
(12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral;
(13) discriminating in services because of race, creed, color, or national origin;
(14) violating a state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;
(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need./
Amend the bill further, page 26, by deleting Section 40-19-250 and inserting:
/Section 40-19-250. The board shall develop in regulation a continuing education program and each licensee must attend a minimum of three credit hours annually. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary if the person has been licensed for thirty or more years or is sixty years old or older./
Renumber sections to conform.
Amend totals and title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15176AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-19-10, page 17, by inserting immediately after line 35 /Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 359 -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
The following Bill was taken up.
H. 3379 -- Rep. Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM INDICATING HIMSELF AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20576MM.97), which was adopted.
Amend the bill, as and if amended, in item (8) of Section 35-6-10 of the 1976 Code as contained in SECTION 1, by inserting after /35-1-20(12)/ on line 15, page 2, /and as a security account/
When amended item (8) shall read:
(8) 'Security' means and is defined as provided in Section 35-1-20(12) and as a security account.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 56 -- Senator Wilson: A BILL TO PROVIDE THAT "REGISTER OF MESNE CONVEYANCES" SHALL MEAN "REGISTER OF LAND CONVEYANCES" FOR PURPOSES OF THE LAWS OF THIS STATE, AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THESE REFERENCES.
The following Bill was taken up.
H. 3961 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4481CM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 56-5-5315. (A) A person shall not tender or interchange an intermodal trailer, chassis, or container to a motor carrier for use on a highway which is in violation of the requirements set forth in the United States Department of Transportation Federal Motor Carrier Safety Regulations (FMCSR). A motor carrier shall not certify or guarantee to a person tendering or interchanging any intermodal trailer, chassis, or container to a motor carrier that the intermodal trailer, chassis, or container complies with the FMCSR unless the person tendering or interchanging the vehicle has provided the motor carrier with certification that the vehicle meets these requirements. The tenderer immediately must make available to the motor carrier adequate equipment, time, and facilities to make a full inspection and the tenderer immediately must make any necessary repairs to the vehicle in order that it meets these requirements or immediately make available a replacement vehicle which meets these requirements before the tendering or interchange of the vehicle.
(B) Every special agent of the Federal Highway Administration and any special agent of the Department of Public Safety is authorized to enter upon and perform inspections of motor carrier vehicles in operation and any intermodal trailer, chassis, or container at an intermodal terminal which is intended to be tendered or interchanged to a motor carrier for use on a highway.
(C) When a motor carrier has been tendered an intermodal trailer, chassis, or container that does not meet the requirements of the FMCSR, the motor carrier tendered or interchanged the vehicle is not liable for civil or criminal penalties. Upon a finding that the motor carrier is not liable, a citation upon which a civil or criminal penalty is based may be issued by the court or the Department of Public Safety to the party that tendered the intermodal trailer, chassis, or container to the motor carrier, the party then is liable for all fines, penalties, and court costs incurred by the State.
(D) The Department of Public Safety shall maintain separate information on roadside vehicle inspection reports for power unit defects and for defects on an intermodal trailer, chassis, or container tendered to the motor carrier and shall build and maintain a database to identify and monitor entities whose responsibility is to provide an intermodal trailer, chassis, or container to motor carriers in roadworthy condition as prescribed by the FMCSR. Roadside vehicle inspection reports noting defects on an intermodal trailer, chassis, or container where there is not ownership by the motor carrier must not be used or applied against the motor carrier when this information may affect the motor carrier's overall record of compliance with the FMCSR."/
Amend further, by striking Section 56-1-2070(B), SECTION 4, which begins on page 3 and line 35 and inserting:
/(B) A person operating a commercial motor vehicle as defined in Section 56-1-2030 and 49 CFR 383.5, without the proper class commercial license or permit with all applicable endorsements or restrictions as defined in Section 56-1-2100 must be placed out of service and is guilty of a misdemeanor and upon conviction of a first offense, must be fined not less than one hundred fifty dollars and not more than two hundred dollars or imprisoned for thirty days and upon conviction of a second offense or subsequent offense must be fined not less than two hundred fifty dollars and not more than five hundred dollars or imprisoned forty-five days or both./
Amend further, as and if amended, by striking SECTION 8, page 8, and inserting:
/SECTION 8. This act takes effect October 1, 1997./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 38 -- Senators Land and Giese: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE HIGHWAY PATROL DIVISION, AND STATE POLICE DIVISION AND THEIR DISTINCTIVE UNIFORMS AND EMBLEMS, SO AS TO REQUIRE THE HIGHWAY PATROL DIVISION TO TRANSFER THE SERVICE REVOLVER OF AN ACTIVE DUTY TROOPER KILLED IN THE LINE OF DUTY TO HIS SURVIVING SPOUSE AT NO CHARGE UPON REQUEST ONCE THE REVOLVER HAS BEEN RENDERED INOPERABLE.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
S. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The following Bill was taken up.
H. 3443 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.
Rep. HAMILTON proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7300MM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION ( ). Section 12-36-1360 of the 1976 Code is amended to read:
"(A) Every A person liable for the use tax under Section 12-36-1330(A) who has not paid the tax due to a seller required or authorized to collect the tax, must file a return and remit the tax to the State, in accordance with this chapter.
(B) A person liable for the use tax in an amount of more than fifty dollars for a purchase by catalog or outside this State for storage, use, or other consumption in this State under Section 12-36-1330(A) who has not paid the tax due to a seller required or authorized to collect the tax, must file a return and remit the tax to the State, in accordance with this chapter."/
Amend title to conform.
Renumber sections to conform.
Rep. HAMILTON explained the amendment.
The amendment was then adopted.
Rep. ASKINS explained the Bill.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3608 -- Reps. Easterday, McMaster, F. Smith, Young-Brickell, Altman, Cave, Stille, R. Smith, Simrill, Askins, Lloyd, Kelley, Seithel, Rice, Cooper, Govan, Cato, Edge, McMahand, Stoddard, Sandifer, Haskins, Wilkins, Harrison, Loftis, Sharpe, Hamilton, Trotter, Keegan, Beck, Witherspoon, Phillips, Law, Littlejohn, Barfield, Davenport, Riser, Barrett, Rodgers, Campsen, Limehouse, Felder, McCraw, Bauer, Byrd, McLeod, Whatley, Delleney, Baxley, Harrell, Tripp, Vaughn, Mason, Limbaugh, Lanford, McKay, Townsend, T. Brown, Wilder, Leach, D. Smith, Moody-Lawrence and Inabinett: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION FOR AMOUNTS PAID FOR HEALTH INSURANCE PREMIUMS BY SELF-EMPLOYED PERSONS TO THE EXTENT THAT THE COST OF THESE PREMIUMS WAS NOT DEDUCTED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20615SD.97), which was adopted.
Amend the bill, as and if amended, in SECTION 2 by striking /1996/ on line 34, page 1, and inserting /1997/
When amended SECTION 2 shall read:
/SECTION 2. Upon approval by the Governor, this act is effective for taxable years beginning after 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. SHARPE 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 Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Mack Maddox Martin Mason McCraw McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3846 -- Reps. Sharpe, R. Smith, Rhoad, Sheheen, Webb, Witherspoon, Delleney and Riser: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO ESTABLISH A CAP OF THREE HUNDRED DOLLARS ON THE SALES TAX IMPOSED ON THE SALE OF LIVESTOCK TRAILERS.
Rep. VAUGHN explained the Bill.
H. 3859 -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: A BILL TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.
Rep. VAUGHN explained the Bill.
H. 3850 -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.
Rep. VAUGHN explained the Bill.
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Rep. KOON explained the Bill.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day to attend a class for recertification at Florence-Darlington Tech.
The following Bill was taken up.
H. 3655 -- Reps. Bauer, F. Smith, Davenport, Mason, Easterday, J. Hines, Sheheen, Baxley, Altman, M. Hines, Govan, Cobb-Hunter, Koon, Inabinett, Cotty, Neal, Cooper, Kinon, Neilson, Barfield, Robinson, Simrill, Hawkins, Knotts, Chellis, Hamilton, Trotter, M. Hines, Mullen, Kennedy, Sandifer, Witherspoon, Loftis, Leach, Quinn, R. Smith, Tripp, Gourdine, Edge, Riser, Allison, Sharpe, Limehouse, Byrd, Felder, McKay, J. Smith, Stoddard, Pinckney, Lanford, Fleming, Carnell, Bowers, Keegan, Webb, Whatley, Byrd, Limbaugh, Phillips, Gamble, Wilder, Cato, Harrell, Spearman, Haskins, Jennings, Harvin, Townsend, Littlejohn, Battle and Bailey: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OF CERTAIN ITEMS, SO AS TO LIMIT THE TAX ON A BOAT AND BOAT TRAILER PURCHASED TOGETHER TO A SINGLE SALE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20616SD.97), which was adopted.
Amend the bill, as and if amended, in SECTION 2 by striking /1997/ on line 30, page 1, and inserting /1998/
When amended SECTION 2 shall read:
/SECTION 2. Upon approval by the Governor, this act takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. H. BROWN moved to adjourn debate upon the following Bill until Wednesday, April 30, which was adopted.
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.
Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Wednesday, April 30, which was adopted.
S. 178 -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.
The following Bill was taken up.
H. 3147 -- Reps. Robinson, Seithel and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-150 SO AS TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9393JM.97), which was adopted.
Amend the bill, as and if amended, SECTION 1, by striking Section 11-11-150(B), as contained on lines 32 through 35 on page 1, and inserting:
/(B) In any bill or joint resolution proposed by the House of Representatives or the Senate appropriating general fund revenues, no surplus general fund revenue may be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors."/
Amend title to conform.
Rep. YOUNG-BRICKELL 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. 4021 -- Rep. Boan: A BILL TO AMEND SECTION 59-107-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF SUCH BONDS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15165HTC.97).
Amend the bill, as and if amended, by by striking SECTION 1 and inserting:
/SECTION 1. Section 59-107-90 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 59-107-90. Notwithstanding any other provision of this chapter, there must not be outstanding at any given time state institution bonds for all institutions in excess of ninety one hundred million dollars except that in computing this debt limitation, all bonds defeased pursuant to Section 59-107-200 must be deducted from the aggregate of state institution bonds outstanding at the time."/
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
Rep. TRIPP objected to the Bill.
Rep. YOUNG-BRICKELL continued speaking.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3637 -- Reps. R. Smith, Mason, Sharpe, Clyburn, Beck, Felder, Kelley and Spearman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4496MM.97), which was adopted.
Amend the bill, as and if amended, by striking Section 12-6-3360(F)(2)(b) and (c) as contained in SECTION 1, page 2, and inserting:
/(b) For purposes of this item, 'single site' means a stand-alone building whether or not several stand-alone buildings are located in one geographical location.
(C) The calculation of new and additional jobs provided for in this item is allowed for only a five-year period commencing in the year in which the twenty million dollars of capital investment is completed.
(D) For purposes of this subsection a 'new job' does not include a job transferred from one site to another site by the taxpayer or a related person. A related person includes any entity or person that bears a relationship to the taxpayer as set forth in Section 267 of the Internal Revenue Code./
Amend further by striking SECTION 2 and inserting:
/SECTION 2. Section 12-6-3360(M)(3) of the 1976 Code is amended to read:
"(3) 'New job' means a job created in this State at the time a new facility or an expansion is initially staffed. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a facility of the taxpayer or a related person. A related person shall include any entity or person that bears a relationship to the taxpayer as set forth in Section 267 of the Internal Revenue Code. The term 'new job' also includes existing jobs at a facility of an employer which are reinstated after the employer has rebuilt the facility due to its destruction by accidental fire, natural disaster, or act of God. Destruction for purposes of this provision means that more than fifty percent of the facility was destroyed. The year of reinstatement is considered to be the year of creation of the job. All such jobs so reinstated qualify for the credit under this section, and no comparison is required to be made between the number of full-time jobs of the employer in the taxable year and the number of full-time jobs of the employer with the corresponding period of the prior taxable year."
SECTION 3. This act takes effect upon approval by the Governor for taxable years beginning after 1997./
Renumber sections to conform.
Amend title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. BATTLE proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4506MM.97), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 12-6-3360(M)(3) of the 1976 Code, as last amended by Section 9A, Act 462 of 1996, is further amended to read:
"(3) 'New job' means a job created in this State at the time a new facility or an expansion is initially staffed. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility. The term 'new job' also includes existing jobs at a facility of an employer which are reinstated after the employer has rebuilt the facility due to its destruction by accidental fire, natural disaster, or act of God. Destruction for purposes of this provision means that more than fifty percent of the facility was destroyed. The year of reinstatement is considered to be the year of creation of the job. All such jobs so reinstated qualify for the credit under this section, and no comparison is required to be made between the number of full-time jobs of the employer in the taxable year and the number of full-time jobs of the employer with the corresponding period of the prior taxable year. The term 'new job' also includes otherwise qualifying jobs filled by assigned employees pursuant to staff leasing agreements as defined in Chapter 68 of Title 40."/
Renumber sections to conform.
Amend title to conform.
Rep. BATTLE explained the amendment.
Rep. R. SMITH moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. SCOTT and NEAL withdrew their objections on the following Bill.
H. 3383 -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Reps. COOPER, SANDIFER, BARRETT, WHATLEY, McCRAW and PHILLIPS withdrew their requests for debate on the following Bill.
H. 3606 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE RECYCLING SYMBOL.
Rep. McMAHAND withdrew his objection on the following Bill.
H. 3383 -- Reps. Robinson, Cotty, Inabinett, Lloyd, Whipper, Campsen, Trotter, Sandifer, Klauber, Altman and Beck: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF ATTORNEY'S FEES IN CONTESTED ADMINISTRATIVE PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT THAT ARE INITIATED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR A PARTY CONTESTING SUCH ACTION.
Reps. WHIPPER and MACK withdrew their requests for debate on the following Bill.
H. 3332 -- Reps. Witherspoon, H. Brown, Sandifer, Barfield, Barrett, Lee, Walker, Askins, Seithel, Battle, Whatley, Edge, Tripp, Keegan, Stille, Loftis, Kelley, Trotter, Cooper, Rhoad, Miller, Riser, Knotts, Mason, Limehouse, T. Brown, Harrell, Altman, Felder, Davenport, Phillips, McCraw, Kinon, Stoddard, Hawkins and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
Reps. FLEMING, SANDIFER and LAW withdrew their requests for debate on the following Bill.
H. 3461 -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.
Rep. MEACHAM asked unanimous consent to recall H. 3847 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. T. BROWN objected.
On motion of Rep. GOURDINE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.
On motion of Rep. HOWARD, with unanimous consent, the following Bill was ordered recalled from the 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.
On motion of Rep. HARRISON, with unanimous consent, the following Resolution was ordered recalled from the Committee on Judiciary.
S. 688 -- Senators Holland, Courson and Rankin: A CONCURRENT RESOLUTION TO EXTEND UNTIL THE BEGINNING OF THE 1998 LEGISLATIVE SESSION THE TIME BY WHICH THE STUDY COMMITTEE ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE MAGISTERIAL SYSTEM IN SOUTH CAROLINA MUST PRESENT ITS REPORT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT AFTER SUBMITTING ITS REPORT AND PROPOSED LEGISLATION THAT THE STUDY COMMITTEE BE DISSOLVED MAY 1, 1998.
On motion of Rep. SCOTT, with unanimous consent, the following Resolution was ordered recalled from the Committee on Education and Public Works.
H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
On motion of Rep. YOUNG, with unanimous consent, the following Resolution was ordered recalled from the Committee on Judiciary.
S. 586 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SIMRILL asked unanimous consent to recall S. 203 from the Committee on Labor, Commerce and Industry.
Rep. LAW objected.
On motion of Rep. KNOTTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3499 -- Reps. Knotts, Whatley, Cobb-Hunter, Neal, Kennedy, Govan, Lanford, Fleming, Simrill, Bailey, Altman, Stille, Harrell, Young, Sandifer, McCraw, Clyburn, Wilkins, Scott, Chellis, Davenport, Harrison, D. Smith, Riser, Webb, Barrett, Tripp, Klauber, J. Smith, Keegan, Delleney, Bauer, Campsen, Hawkins, McMaster and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-45 SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESPONDS TO A DISTRESS CALL IN A NEIGHBORING JURISDICTION, THE AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT APPLY TO AN OFFICER WITHIN THE JURISDICTION IN WHICH HE IS EMPLOYED, ARE EXTENDED TO AND INCLUDE THE NEIGHBORING JURISDICTION.
Rep. HARRELL moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4495MM.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION __. Section 4-29-67(B)(4)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(a) Except as provided in subsections (B)(4)(b) and (D)(4)(a), the investment must be made by a single entity. For purposes of this section, (i) any partnership or other association which properly files its South Carolina income tax returns as a partnership for South Carolina income tax purposes will be treated as a single entity and as a partnership, and (ii) any corporation or other association which properly files its South Carolina income tax returns as a corporation for South Carolina income tax purposes will be treated as a single entity and as a corporation. A corporation and a partnership, which partnership is a 'controlled partnership' of the corporation, as provided under Section 707(b)(1) of the Internal Revenue Code as defined in Chapter 6 of Title 12, as of the date of the execution of the inducement agreement, and both of which will construct their projects on the same site qualifying for the fee, must be treated as a single entity for purposes of this subsection and subsection (B)(3) and (D)(4).
SECTION __ Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended by adding at the end:
"(iv) in the case of a business which is investing at least six hundred million dollars in this State."
SECTION __. Section 12-14-60 of the 1976 Code, as added by Act 25 of 1995, is amended by adding a new subsection at the end to read:
"(D) Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned."
SECTION __. Section 12-20-105 of the 1976, as added by Act 231 of 1996, is amended to read:
"Section 12-20-105. License fees may be reduced by credits as provided in Section 12-6-3410 or Section 12-6-3480, or both of these sections.
(A) Any company subject to a license tax under Section 12-20-100 may claim a credit against its license tax liability for amounts paid in cash to provide infrastructure for an eligible project .
(B)(1) In order to be considered an eligible project for purposes of this section, the project must qualify for income taxes under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, withholding tax credits under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, and fees in lieu of property taxes under Chapter 12 of Title 4.
(2) If a project consists of an office park which is constructed by a county or political subdivision of this State, the project does not have to meet the qualifications of item (1) in order to be considered an eligible project.
(C) For the purpose of this section 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication systems;
(3) fixed transportation facilities including highway, rail, water, and air.
(D) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of any building or infrastructure it owns, leases, manages, or operates.
(E) The maximum aggregate credit that may be claimed in any tax year by a single company is three hundred thousand dollars.
(F) The credits allowed by this section may not reduce the license tax liability of the company below zero. If the applicable credit originally earned during a taxable year exceeds the liability and is otherwise allowable under subsection (D) the amount of the excess may be carried forward to the next taxable year.
(G) For South Carolina income tax and license purposes, a company that claims the credit allowed by this section is ineligible to claim the credit allowed by Section 12-6-3420."
SECTION __. Section 12-6-3490 of the 1976 Code is repealed.
SECTION __. Upon approval by the Governor, this act is effective for tax years beginning after 1996./
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. PINCKNEY proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20631HTC.97), which was adopted.
Amend the bill, as and if amended, page 3919-2, Section 12-20-105(B)(2), line 23, by striking, /office/ and inserting /office, business, commercial, or industrial/
Renumber sections to conform.
Amend totals and title to conform.
Rep. PINCKNEY 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. 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20611SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 9-1-1790 of the 1976 Code, as last amended by Part II, Section 50A, Act 189 of 1989, is further amended to read:
"Section 9-1-1790. A retired member of the system may return to employment covered by the system and earn up to nine thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned nine thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530.
Consulting fees paid to a retired member of the system, or to a corporation or partnership in which the retired member or a member of his immediate family individually or in the aggregate are the controlling shareholders or partners, by an employer covered by the system also are considered earnings within the earnings limitation of this section."
SECTION 2. Section 9-11-90(4) of the 1976 Code, as last amended by Part II, Section 50B, Act 189 of 1989, is further amended to read:
"(4) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system may return to employment covered by the system and earn up to nine thousand five hundred dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned nine thousand five hundred dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530.
Consulting fees paid to a retired member of the system, or to a corporation or partnership in which the retired member or a member of his immediate family individually or in the aggregate are the controlling shareholders or partners, by an employer covered by the system also are considered earnings within the earnings limitation of this section."
SECTION 3. Section 9-1-1600 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. LANFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3995 -- Reps. Lanford, Lee, Mack, T. Brown, Kennedy, Trotter, Knotts, M. Hines, Stuart, Miller, Battle, D. Smith, Spearman, Seithel, J. Hines, Bauer, F. Smith and Riser: A BILL TO AMEND SECTION 53-1-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF A COUNTY FROM THE SUNDAY CLOSING (BLUE) LAWS BASED ON ACCOMMODATIONS TAX REVENUES IN THE COUNTY, SO AS TO LOWER THE EXEMPTION THRESHHOLD FROM NINE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR TO FOUR HUNDRED FIFTY THOUSAND DOLLARS.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4026 -- Rep. H. Brown: A BILL TO AMEND CHAPTER 35, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, TO PROVIDE GENERAL PROVISIONS APPLICABLE TO THE CONSOLIDATED PROCUREMENT CODE, TO PROVIDE FOR WRITTEN DETERMINATIONS AND FINDINGS REQUIRED BY THIS CODE, TO PROVIDE FOR DEFINITIONS OF TERMS USED IN THIS CODE, TO PROVIDE FOR PUBLIC ACCESS TO PROCUREMENT INFORMATION, TO PROVIDE FOR REPORTING THE PURCHASE OF FURNITURE AND CERTAIN OTHER PURCHASES, TO PROVIDE FOR PROCUREMENT ORGANIZATION AND FOR EXCEPTIONS, TO PROVIDE FOR THE CREATION OF OFFICES AND FOR THE RESPONSIBILITY AND AUTHORITY OF THOSE OFFICES UNDER THIS CODE, TO PROVIDE FOR ADVISOR COMMITTEES AND TRAINING, TO PROVIDE FOR AUDITING AND FISCAL REPORTING, TO PROVIDE FOR SOURCE SELECTION, CONTRACTS AND AUDITS, TO PROVIDE FOR METHODS OF SOURCE SELECTION, TO PROVIDE FOR CANCELLATION OF SOLICITATIONS, TO PROVIDE FOR TYPES AND FORMS OF CONTRACTS, TO PROVIDE FOR INSPECTION OF PLANTS AND PLACES OF BUSINESS AND AUDIT OF RECORDS, TO PROVIDE FOR DETERMINATIONS AND REPORTS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, CORRECTION OR WITHDRAWAL OF BIDS, AND CANCELLATION OF AWARDS, TO PROVIDE FOR REGULATION OF SPECIFICATIONS, TO PROVIDE FOR CONSTRUCTION, ARCHITECT-ENGINEER, CONSTRUCTION MANAGEMENT AND LAND SURVEYING SERVICES, TO PROVIDE FOR INDEFINITE DELIVERY CONTRACTS, AND FOR MODIFICATIONS AND TERMINATION OF CONTRACTS FOR SUPPLIES AND SERVICES, TO PROVIDE FOR COST PRINCIPLES, SUPPLY MANAGEMENT, WAREHOUSES AND INVENTORY, TO PROVIDE FOR THE REGULATION OF SALE, LEASE, TRANSFER, AND DISPOSAL OF SURPLUS SUPPLIES AND OTHER PROPERTY, TO PROVIDE FOR CERTAIN LEGAL AND CONTRACTUAL REMEDIES, THE ADMINISTRATIVE RESOLUTION OF CONTROVERSIES, AND FOR THE SOUTH CAROLINA PROCUREMENT REVIEW PANEL, TO PROVIDE FOR INTERGOVERNMENTAL RELATIONS AND FOR COOPERATIVE PURCHASING, AND TO PROVIDE FOR CERTIFICATION AND ASSISTANCE TO MINORITY BUSINESSES; TO ADD SECTION 1-11-55 SO AS TO PROVIDE FOR LEASING OF REAL PROPERTY, TO ADD SECTION 1-11-56 SO AS TO PROVIDE FOR BUDGET AND CONTROL BOARD MANAGEMENT OF STATE AGENCY LEASING OF SPACE, TO ADD SECTION 1-11-57 SO AS TO PROVIDE FOR THE EXCHANGE OF TITLE TO REAL PROPERTY BY GOVERNMENTAL BODIES OTHER THAN POLITICAL SUBDIVISIONS, AND TO ADD SECTION 1-11-58 SO AS TO PROVIDE FOR INVENTORY AND ANNUAL REPORTS OF ALL RESIDENTIAL PROPERTY OWNED BY STATE AGENCIES, AND TO REPEAL SECTIONS 1-1-1110 AND 1-11-35 RELATING TO CERTAIN PROCUREMENT AND INVENTORY PROVISIONS.
Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3828 -- Reps. Harrell, R. Smith, Whatley, H. Brown, Limehouse, Altman, Boan, Wilkins, Campsen and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA, AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20618SD.97).
Amend the bill, as and if amended, by striking Section 59-39-101 of the 1976 Code as contained in SECTION 1 and inserting:
/"Section 59-39-101. (A) For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public school students, each high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High School Diploma.
(B) In order to qualify for a Superior Academic Achievement High School Diploma a student shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1) four units of English or language arts;
(2) four units of mathematics;
(3) four units of science;
(4) four units of social science or history, one unit of which must be U.S. History;
(5) two units of foreign or classical languages;
(6) one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000 one additional elective unit must be completed instead of a unit in computer science;
(7) one unit of the arts or music, provided that a third unit of foreign or classical language may be substituted for this arts or music requirement;
(8) one unit of physical education or health; and
(9) three elective units.
(C) A student who receives a Superior Academic Achievement High School Diploma and attends a public or private South Carolina institution of higher learning or technical college whose main campus and headquarters are located in South Carolina shall receive a five hundred dollar scholarship from the State paid to the institution. The State Department of Education shall furnish the Palmetto Fellows Scholarship Program of the Commission on Higher Education with a list of those students each year who are awarded Superior Academic Achievement Diplomas. The Palmetto Fellows Scholarship Program shall then distribute the scholarship funds on behalf of such students at the appropriate institutions.
(D) The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(E) In order to qualify for a Superior Academic Achievement Diploma, a student must maintain a numerical grade average of 94 for grades 9-12."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. TRIPP made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. TOWNSEND explained the Bill.
H. 3699 -- Reps. Spearman and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.
Rep. WITHERSPOON explained the Bill.
The following Bill was taken up.
S. 446 -- Senator McConnell: A BILL TO AMEND SECTIONS 58-25-30, 58-25-35, 58-25-40, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY".
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
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.
Reps. CATO, GAMBLE and CHELLIS proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7294AC.97), which was adopted.
Amend the bill, as and if amended, Section 40-2-380(B), page 4, line 6, after standards by inserting /,as of December 31, 1996,/.
Amend the bill further by striking SECTION 4 in its entirety and inserting:
/SECTION 4. Within ninety days of this act's effective date, the Board of Accountancy shall promulgate the regulations required by Section 40-2-380(B), as contained in SECTION 3 of this act./
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE 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. 3292 -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY BY ORDINANCE TO REQUIRE LOTS OR PROPERTY TO BE KEPT IN A CONDITION WHICH DOES NOT CONSTITUTE A PUBLIC NUISANCE, SO AS TO PROVIDE THAT THIS AUTHORITY INCLUDES THE RIGHT TO REQUIRE THE DEMOLITION OF CERTAIN SUBSTANDARD HOUSING.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20509SD.97), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 31-15-10(1) of the 1976 Code is amended to read:
"(1) 'Municipality' shall mean any city or town having a regardless of population of more than one thousand inhabitants;"
SECTION 2. Section 31-15-30(6) of the 1976 Code is amended to read:
"(6) That the amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as municipal taxes."
SECTION 3. Section 31-15-30 of the 1976 Code is amended by adding a new item (7) to read:
"(7) If a municipality in demolishing unfit dwellings as permitted by this article contracts with a third party not employed by the municipality to do the work, it must bid the work in conformity with the procurement code applicable to the municipality."
SECTION 4. Section 31-15-330(6) of the 1976 Code is amended to read:
"(6) That the amount of the cost of such repairs, alterations or improvements, vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and shall be collectible in the same manner as county taxes."
SECTION 5. Section 31-15-330 of the 1976 Code is amended by adding a new item (7) to read:
"(7) If a county in demolishing unfit dwellings as permitted by this article contracts with a third party not employed by the county to do the work, it must bid the work in conformity with the Procurement Code applicable to the county."
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND SECTION 31-15-10 , CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY";TO AMEND SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES. /
Renumber sections to conform.
Amend totals to conform.
Rep. ASKINS 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. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
Reps. CLYBURN, R. SMITH, SHARPE, BECK and MASON proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1205DW.97).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Notwithstanding any other provision of law, by a two-thirds vote of all members, a county legislative delegation may override a decision of the South Carolina Department of Transportation concerning the placement of electrically operated traffic-control signals in a county or counties represented by that delegation./
Amend title to conform.
Rep. CLYBURN explained the amendment.
Rep. YOUNG-BRICKELL requested debate on the Bill.
Rep. JENNINGS moved to adjourn debate upon the Bill until Wednesday, April 30, which was adopted.
The following Bill was taken up.
H. 3526 -- Reps. Fleming, Barfield, Koon, Barrett, Altman, Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer, Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley, Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer, Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell, Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn, Meacham, Stille, Bauer, Haskins, Battle and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE THAT MEDICALLY-ABLED INMATES SENTENCED TO A DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3606 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 44-96-40, AS AMENDED, 44-96-60, AS AMENDED, 44-96-80, 44-96-110, 44-96-120, AS AMENDED, 44-96-130, 44-96-140, AS AMENDED, 44-96-160, AS AMENDED, 44-96-180, AS AMENDED, 44-96-290, AS AMENDED, 44-96-350, AND 44-96-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991", SO AS TO, AMONG OTHER THINGS, CHANGE THE DEFINITIONS OF "RECOVERED MATERIALS", "RECOVERED MATERIALS PROCESSING FACILITY", AND "USED OIL", DELETE THE FEE OF TEN DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA, MAKE CHANGES REGARDING THE DUTIES OF THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, CHANGE THE PROVISIONS REGARDING THE PURPOSES OF THE SOLID WASTE MANAGEMENT TRUST FUND, AND REQUIRE PUBLIC NOTICE OF THE SUBMITTAL OF A SITE HYDROGEOLOGIC CHARACTERIZATION REPORT FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR FOR A LATERAL EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; AND TO REPEAL SECTION 44-96-230, RELATING TO THE REQUIREMENT THAT THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING ESTABLISH AND HAVE TRADEMARKED A STATE RECYCLING SYMBOL.
Rep. SHARPE explained the Bill.
Rep. ROBINSON requested debate on the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3332 -- Reps. Witherspoon, H. Brown, Sandifer, Barfield, Barrett, Lee, Walker, Askins, Seithel, Battle, Whatley, Edge, Tripp, Keegan, Stille, Loftis, Kelley, Trotter, Cooper, Rhoad, Miller, Riser, Knotts, Mason, Limehouse, T. Brown, Harrell, Altman, Felder, Davenport, Phillips, McCraw, Kinon, Stoddard, Hawkins and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.
Rep. WITHERSPOON explained the Bill.
Rep. SIMRILL spoke against the Bill.
Rep. WITHERSPOON spoke in favor of the Bill.
Reps. MOODY-LAWRENCE and NEAL objected to the Bill.
The following Bill was taken up.
H. 3461 -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.
Reps. SANDIFER and ALTMAN objected to the Bill.
Rep. LIMEHOUSE withdrew his objection to H. 3786; however, other objections and requests for debate remained upon the Bill.
Rep. MEACHAM asked unanimous consent to recall H. 3847 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. T. BROWN objected.
On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4042 -- Reps. Jennings and Boan: A BILL TO AMEND SECTION 16-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF UNLAWFULLY POINTING OR PRESENTING A FIREARM AT ANOTHER PERSON, SO AS TO INCREASE THE PENALTIES FOR VIOLATION WHERE THE PERSON AT WHOM THE FIREARM IS POINTED IS A LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY WHICH SHALL INCLUDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS NOR MORE THAN THIRTY YEARS, NO PART OF WHICH MAY BE SUSPENDED, PROBATION FOR WHICH MAY NOT BE GRANTED FOR ANY PORTION, AND FOR WHICH A PERSON IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE.
On motion of Rep. LOFTIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3658 -- Reps. Loftis, Altman, Limehouse, Limbaugh, Simrill, H. Brown, Chellis, R. Smith, Neilson, Barrett, Seithel, Vaughn, Carnell, Hinson, Sandifer, Jordan, Mason, Law, Kelley, Woodrum, Cotty, Knotts, Davenport, Cooper, Allison, Leach, Hamilton, Koon, Littlejohn, Stoddard, Easterday, Bailey, Haskins, Riser, Harrison, Trotter, Phillips, Gamble, Robinson, Rhoad, Stille, Witherspoon, Mullen, Sharpe, Campsen, Rice, Beck, D. Smith, Keegan, Miller, Felder, Fleming, Boan, Tripp, Young, Wilder, Young-Brickell, Delleney, J. Hines, Kirsh, McMaster, Meacham, Cato, Klauber, Jennings, Spearman, Martin, Quinn, F. Smith, McMahand, Rodgers, McKay, Whatley, Townsend, Harrell, Bauer, Lanford and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-45 SO AS TO ESTABLISH A PROCEDURE FOR THE STATE BOARD OF EDUCATION TO ADD TEXTBOOKS TO THE LIST OF TEXTBOOKS APPROVED FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE.
On motion of Rep. KELLEY, with unanimous consent, the following Resolution was ordered recalled from the Committee on Judiciary.
S. 577 -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: 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.
Rep. RHOAD asked unanimous consent to recall H. 3923 from the Committee on Education and Public Works.
Rep. HASKINS objected.
Rep. QUINN asked unanimous consent to recall H. 3861 from the Committee on Judiciary.
Rep. T. BROWN objected.
On motion of Rep. STUART, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 624 -- Senators Setzler, Ryberg, Lander, Wilson and Drummond: A BILL TO AMEND SECTIONS 6-25-100, AS AMENDED, 6-25-110, AND 6-25-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF JOINT MUNICIPAL WATER SYSTEMS AND THE AUTHORITY OF SUCH SYSTEMS TO INCUR DEBT, SO AS TO DELETE THE REQUIREMENT FOR UNANIMOUS APPROVAL BY THE GOVERNING BODY OF EACH MEMBER OF THE SYSTEM TO INCUR DEBT AND INSTEAD REQUIRE APPROVAL BY AT LEAST TWO-THIRDS OF THE GOVERNING BODIES OF THE MEMBERS OF THE SYSTEM.
Rep. JORDAN asked unanimous consent to recall H. 3569 from the Committee on Judiciary.
Rep. HARRISON objected.
On motion of Rep. KLAUBER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 3940 -- Reps. Klauber, McLeod, Kinon, Young, Hawkins, Harrison and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE, BY ADDING ARTICLE 25 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH IN MILITARY CONFINEMENT ACT" WHEREBY NO EARLY RELEASES MAY BE GRANTED TO MILITARY PERSONNEL SERVING CONFINEMENT PURSUANT TO A SPECIAL, GENERAL, OR SUMMARY COURT MARTIAL.
Rep. LANFORD asked unanimous consent to recall H. 3847 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. T. BROWN objected.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
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.
H. 4079 -- Rep. Clyburn: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ALLISON KATHERINE WOOD, INFANT DAUGHTER OF MR. AND MRS. KEITH WOOD, AND EXTENDING DEEPEST SYMPATHY TO HER PARENTS AND ALL OF HER RELATIVES.
H. 4080 -- Reps. Miller, Kelley, T. Brown, Keegan, Witherspoon, Barfield and Edge: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF EUGENE S. N. LAWRIMORE OF GEORGETOWN COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4081 -- Reps. Wilkins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, T. Brown, Byrd, Campsen, Canty, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF THE HONORABLE LARRY E. GENTRY OF SALUDA COUNTY, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HIS WONDERFUL FAMILY AND COUNTLESS FRIENDS.
At 5:00 P.M. the House in accordance with the motion of Rep. BREELAND adjourned in memory of Reverend Benjamin J. Finklea of Charleston, to meet at 10:00 A.M. tomorrow.
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