Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Almighty God, that amid all the changes all around, that You are the same yesterday, today and always. As with our Nation's founding fathers, so give us a steadfast trust in God. Set us free from things that are unimportant. Free us from all that obstructs us from hearing Your beckoning call. Strengthen and guide us in our service. Put wisdom in our minds that this Legislative body may be an instrument for the furtherance of Your will. Guide us in all our doings that when the day's work is done we may be worthy of Your "well done."
To You, Lord God, we give 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 yesterday, the SPEAKER ordered it confirmed.
Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of John Bailey of Blacksburg, which was agreed to.
April 14, 1998
The Honorable Eldridge R. Emory
814 Forest Drive
Lancaster, S.C. 29720
Dear Eldridge:
It is with pleasure that I appoint you to serve on the House Medical, Military, Public and Municipal Affairs Committee effective immediately. I know that you will serve with distinction. Welcome to the House! If I can help you in any way, please do not hesitate to contact me.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
The following was received from the Senate.
Columbia, S.C., April 14, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 958:
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Very respectfully,
President
On motion of Rep. H. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. LANFORD, ALLISON and ROBINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4939 -- Reps. Tripp, Wilkins, Haskins, McMahand and F. Smith: A JOINT RESOLUTION TO REQUIRE COLONIAL PIPELINE SETTLEMENT REVENUES TO BE CREDITED TO THE MITIGATION TRUST FUND FOR ENVIRONMENTAL CLEANUP OF THE REEDY RIVER.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER IN SPECIFIC GAME ZONES, SO AS TO PROVIDE THAT IN GAME ZONES 1, 2, AND 4 THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT TO PROVIDE THAT UPPER LIMB HANDICAPPED PERSONS MAY USE A CROSSBOW FOR HUNTING AND TAKING OF DEER DURING SEASONS WHEN ARCHERY TACKLE IS USED TO HUNT AND TAKE DEER.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4689 -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4547 -- Rep. Felder: A BILL TO AMEND SECTION 61-2-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ENTITLED TO BE LICENSEES OR PERMITTEES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE SALE OF BEER AND WINE, SO AS TO AUTHORIZE SUCH LICENSES AND PERMITS TO BE ISSUED TO A QUALIFYING PERSON WHO IS THE TRUE OWNER OF THE BUSINESS SEEKING THE PERMIT OR LICENSE, TO REQUIRE BUSINESSES LICENSED OR PERMITTED TO DESIGNATE AN AGENT AND MAILING ADDRESS FOR SERVICE OF NOTICES AND PROVIDE FOR SERVICE AND PROHIBIT ANY ONE PERSON FROM ACTING AS AN AGENT FOR MORE THAN ONE BUSINESS ENTITY UNLESS THE PERSON HAS AN OWNERSHIP INTEREST IN THE BUSINESS ENTITIES, TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO ANY PERSON UNLESS THE PERSON AND ALL PRINCIPALS ARE OF GOOD MORAL CHARACTER AND DEFINE "GOOD MORAL CHARACTER", TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE OR A BUSINESS WITH AN INDIVIDUAL PRINCIPAL UNDER TWENTY-ONE YEARS OF AGE, TO REQUIRE THE DEPARTMENT OF REVENUE PROMPTLY TO INITIATE REVOCATION OF ANY PERMIT OR LICENSE ISSUED TO A PERSON NOT THE TRUE OWNER, OR WHEN THE LICENSED PERSON OR A PRINCIPAL HAS BEEN CONVICTED OF A FELONY OR CERTAIN MISDEMEANORS, OR WHEN THE LICENSED INDIVIDUAL OR AN INDIVIDUAL PRINCIPAL IS UNDER TWENTY-ONE YEARS OF AGE, TO APPLY THE REQUIREMENT THAT AN APPLICANT BE CURRENT WITH STATE AND FEDERAL TAXES TO ALL PRINCIPALS, AND TO DEFINE "PERSON" AND "PRINCIPAL".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4810 -- Rep. Felder: A BILL TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES PATERNITY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4683 -- Rep. Harrison: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO ADD PROVISIONS AUTHORIZING A PROCEDURE FOR AN ASSOCIATION WHICH ISSUES PROFESSIONAL INSURANCE DESIGNATIONS, OR OTHER INSURANCE RELATED DESIGNATIONS, WHICH REQUIRE CONTINUING EDUCATION TO REQUEST AN EXEMPTION ON BEHALF OF ITS DESIGNEES FROM COMPLYING WITH THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION DURING EACH BIENNIAL REPORTING PERIOD FOR THE LINES OF AUTHORITY COVERED BY THE DESIGNATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5047 -- Rep. Barfield: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES AND ESPECIALLY THOSE MEMBERS AND COMMITTEES CHARGED WITH OVERSEEING MILITARY PREPAREDNESS TO INVESTIGATE AND ENSURE THAT THE CHEMICAL AND BIOLOGICAL PROTECTION EQUIPMENT WHICH IS PROVIDED TO UNITED STATES' SERVICE MEMBERS, WHEREVER THEY MAY BE DEPLOYED, IS THE BEST AND MOST EFFICACIOUS PROTECTIVE EQUIPMENT THAT IS REASONABLY AVAILABLE THROUGH CURRENT TECHNOLOGY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5048 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2195, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5049 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO INITIAL COMPLAINT; FORMAL COMPLAINT; DUTY OF THE PANEL; REVIEW BY THE BOARD; DUTY OF BOARD AFTER REVIEW; APPEAL OF DECISION; PROCEEDINGS PRIVATE UNTIL FILED; ADMINISTRATOR IS AGENT FOR SERVICE OF NOTICES ON NONRESIDENT PHYSICIANS; INVESTIGATIONS AND INJUNCTIONS; DOCKET OF COMPLAINTS; CONFIDENTIALITY OF DISCIPLINARY PROCEEDINGS; FINAL ORDERS OF THE BOARD; CONTENT OF PETITION FOR REINSTATEMENT; BOARD'S REPORT TO BE FILED; AND PROCEDURES THEREUPON; INVESTIGATION AT INSTANCE OF BOARD OR COMMISSION MEMBERS; AND PROCEDURE THEREUNDER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2272, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 5050 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5051 -- Rep. Robinson: A BILL TO AMEND SECTION 12-60-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXPAYER APPEAL OF A JEOPARDY ASSESSMENT BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE TAXPAYER TO REQUEST RELIEF BY DELIVERING THE REQUEST AND GROUNDS FOR RELIEF TO THE DEPARTMENT, TO SET TIME REQUIREMENTS FOR FILING OF DEPARTMENTAL RESPONSE AND JUDICIAL DETERMINATION FROM THE DATE A JEOPARDY HEARING IS REQUESTED, TO CHANGE THE SCOPE OF JUDICIAL REVIEW FROM THE REASONABLENESS OF MAKING THE ASSESSMENT TO A DETERMINATION THAT THE COLLECTION OF THE TAX IS IN JEOPARDY, AND TO REVISE THE REVIEW PROCEDURE TO REFLECT CHANGES IN THE SCOPE OF REVIEW.
Referred to Committee on Ways and Means.
H. 5052 -- Rep. Bauer: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
On motion of Rep. BAUER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1174 -- Senators Glover, Land, Saleeby, McGill, Elliott and Leatherman: A JOINT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN FLORENCE, SOUTH CAROLINA, IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Referred to Committee on Education and Public Works.
S. 1175 -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO STAGGER THE TERMS OF THE MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
On motion of Rep. BARRETT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1185 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCLUDE WITHIN THE EXCEPTION INBOARD BOATS DESIGNED BY THE MANUFACTURER FOR TOWING WATERSKIERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Easterday Edge Emory Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stoddard Townsend Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 15.
Michael S. Whatley Shirley R. Hinson George Campsen III Denny W. Neilson Becky Rogers Martin Ralph W. Canty W. Jeffrey Young Alma W. Byrd James Emerson Smith, Jr. C. Anthony Harris, Jr. Timothy C. Wilkes F.G. Delleney, Jr. John G. Felder Victoria T. Mullen Daniel L. Tripp Lynn Seithel Bessie Moody-Lawrence G. Ralph Davenport, Jr. Joseph H. Neal Richard M. Quinn, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. KOON a leave of absence for today and tomorrow to attend a Blue Cross Blue Shield Health and Life Insurance Business Conference.
Announcement was made that Dr. Roy E. Nickles of Charleston of is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4918
DATE REMOVE:
4/15/98 J. Gresham Barrett
4/15/98 Lewis R. Vaughn
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4999 -- Reps. Lloyd, Inabinett, Bailey, Bowers and Rhoad: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE BOARD OR THE FORMER SEPARATE BOARDS OF ELECTIONS AND VOTER REGISTRATION IS ELIGIBLE TO SERVE AS A MEMBER OF THE BOARD.
H. 5002 -- Rep. Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO RENAME AND CORRECT ERRORS IN THE NAMES OF CERTAIN POLLING PLACES.
H. 5012 -- Reps. Stille, Carnell and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 25, 1997, MISSED BY THE STUDENTS OF LONG CANE ELEMENTARY SCHOOL OF THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 5023 -- Reps. M. Hines, McGee, J. Hines, McKay and Askins: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 1999 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, TO LIMIT THAT AUTHORITY TO A TWENTY-MILL INCREASE IN ANY FIVE-YEAR PERIOD, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 1999 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.
H. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: A BILL TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
H. 5031 -- Reps. Lloyd, Bowers, Inabinett, Bailey and Rhoad: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
H. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
Rep. LANFORD explained the Bill.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1095 -- Judiciary Committee: A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 396 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
S. 876 -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 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.
H. 4587 -- Reps. Bauer, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Knotts, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.
H. 4801 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.
H. 4848 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-58-185 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT AN EXTENSION OF TIME FOR PAYMENT OF AN AMOUNT DUE TO AN INNOCENT TAXPAYER AND ALLOW THE REQUIREMENT OF A BOND; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO PROHIBIT THE PREPARATION OF A TAX RELATED DOCUMENT BY ONE WHO HAS BEEN CONVICTED OF PREPARING A FRAUDULENT TAX DOCUMENT AND TO PROVIDE PENALTIES FOR ONE WHO VIOLATES THE PROHIBITION; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS AND EXCEPTIONS FOR ASSESSMENT OF A TAX OR FEE, SO AS TO ALLOW A CORPORATE TAXPAYER NINETY DAYS TO REPORT TO THE DEPARTMENT OF REVENUE AN ADJUSTMENT IN THE TAXPAYER'S TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE TAX COLLECTION, SO AS TO ALLOW THE NOTICE TO INCLUDE LATER TAX DEBTS; AND TO REPEAL SECTION 12-54-140 RELATING TO REPORTING REQUIREMENTS FOR INTERNAL REVENUE SERVICE ADJUSTMENTS IN TAXABLE INCOME AND SECTION 12-58-140, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ENTER INTO AN INSTALLMENT PLAN FOR PAYMENT BY A TAXPAYER.
H. 4850 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PORTION OF A TRUST DISTRIBUTION TO A NONRESIDENT BENEFICIARY FOR TAX PURPOSES, SO AS TO EXEMPT ALSO DISTRIBUTIONS TO A NONRESIDENT BENEFICIARY WHO IS EXEMPT FROM TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE AND A NONRESIDENT BENEFICIARY WHO SUBMITS TO THIS STATE'S JURISDICTION FOR DETERMINING TAX LIABILITY; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING OF A PORTION OF THE PURCHASE PRICE BY A BUYER WHEN THE SELLER IS A NONRESIDENT, SO AS TO FURTHER PROVIDE FOR THE PROPERTY WHICH IS SUBJECT TO THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-8-1030, RELATING TO AN INCORRECT WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO ESTABLISH PROCEDURES FOR THE EMPLOYER, EMPLOYEE, AND DEPARTMENT OF REVENUE FOR DETERMINATION OF THE CORRECT NUMBER OF EXEMPTIONS AND APPEAL OF THAT DETERMINATION AND TO GIVE EMPLOYERS UNTIL MARCH 31, 1999, TO COMPLY; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH A WRONGFUL CLAIM OF WITHHOLDING EXEMPTIONS, SO AS TO CHANGE THE REFERENCE TO CHAPTER 8 INSTEAD OF CHAPTER 9, TO INCREASE THE MAXIMUM FINE TO ONE THOUSAND DOLLARS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-46, RELATING TO THE FILING OF A FALSE WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO DELETE THE MAXIMUM LIMIT ON THE FINE; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING AN EMPLOYER WITH FALSE OR FRAUDULENT INFORMATION AS TO THE NUMBER OF EXEMPTIONS.
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
The following Bill was taken up.
H. 4642 -- Rep. Townsend: A BILL TO AMEND ACT 258 OF 1998, RELATING GENERALLY TO THE ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF A BEGINNER'S PERMIT, SPECIAL RESTRICTED DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, AND REGULAR DRIVER'S LICENSE, THE EFFECT OF CERTAIN CONVICTIONS ON A PERSON'S DRIVING RECORD, ISSUANCE OF CERTIFICATES FOR COMPLETING A DRIVER TRAINING COURSE, EXCEPTIONS FROM THE DRIVER'S LICENSING REQUIREMENT, THE TESTING OF THE BAC DATAMASTER, THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES, SO AS TO PROVIDE THAT A PERSON WHO IS A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OBTAIN A REGULAR DRIVER'S LICENSE BEFORE THE AGE OF SEVENTEEN UNDER CERTAIN CIRCUMSTANCES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22064CM.98), which was adopted.
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/SECTION ____. Section 56-1-141 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4750 -- Reps. Townsend and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-35 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SPECIAL FUNDS ACCOUNT; BY ADDING SECTION 57-1-38 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION DISCRETIONARY AUTHORITY TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM WITHOUT INCURRING LIABILITY; BY ADDING SECTION 57-11-95 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO EXPEND ALL CASH BALANCES FROM A PRIOR YEAR UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 57-11-100 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO SECURE BONDS AND INSURANCE COVERING CERTAIN ACTIVITIES; BY ADDING SECTION 57-11-105 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO COMPENSATE ITS EMPLOYEES PURSUANT TO THE STATE'S ANNUAL APPROPRIATIONS ACT; AND BY ADDING SECTION 57-11-110 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SCHEDULE OF DOCUMENT FEES.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22065CM.98), which was adopted.
Amend the bill, as and if amended, SECTION 2, page 2, by striking / 57-1-38 /on line 6 and inserting / 57-5-720 /.
When amended SECTION 2 reads:
/SECTION 2. The 1976 Code is amended by adding:
"Section 57-5-720. The exercise of discretionary authority to relax design and construction standards does not give rise to any liability on the part of the department, its commission, officers, and employees."
Amend further, section 57-11-105 as contained in SECTION 5, page 2, by inserting / at least / after / receive / on line 32.
When amended SECTION 5 reads:
/SECTION 5. The 1976 Code is amended by adding:
"Section 57-11-105. Employees of the Department of Transportation shall receive at least equal compensation increases, health insurance benefits, and employee bonuses provided in the state's general appropriations act."/
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Rep. STODDARD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4614 -- Reps. Walker, Littlejohn, Allison, Davenport, Lee, Townsend, McCraw, D. Smith, Hawkins and Cato: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE-PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS OR CONTRACTS WHICH ARE NOT CONSIDERED A LEASE-PURCHASE OR FINANCING AGREEMENT SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21400SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 11-27-110(B) of the 1976 Code is amended to read:
"(B) A governmental entity described in subsection (A)(7)(8)(b) of this section may not enter into a financing agreement, other than an enterprise financing agreement, a lease purchase agreement for acquisition of energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract for energy conservation measures as provided for in Section 48-52-670 where no such lease agreement or contract shall constitute in any manner an agreement, consent, authority, or otherwise to provide retail sales of energy by an energy or power provider or creates the authority to sell or provide retail energy or power, if the principal balance of the financing agreement, when added to the principal amount of limited bonded indebtedness outstanding on the date of execution of the financing agreement exceeds eight percent of the assessed value of taxable property in the jurisdiction of the governmental entity unless the financing agreement is approved by a majority of the electors voting on the agreement in a referendum duly called for this purpose by the governmental entity."
SECTION 2. Section 11-27-110(C) of the 1976 Code is amended to read:
"(C) If a governmental entity described in subsection (A)(7)(8)(b) of this section has outstanding any financing agreement, other than an enterprise financing agreement, a lease purchase agreement for acquisition of energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract for energy conservation measures as provided for in Section 48-52-670, where no such lease agreement or contract shall constitute in any manner an agreement, consent, authority, or otherwise to provide retail sales of energy by an energy or power provider or creates the authority to sell or provide retail energy or power, on the date of issuance of any limited bonded indebtedness pursuant to any bond act, the amount of this limited bonded indebtedness plus the amount of all other limited bonded indebtedness of the governmental entity, when added to the principal balance under any financing agreement or agreements of the governmental entity must not exceed the amount of the governmental entity's constitutional debt limit unless this bonded indebtedness is approved by a majority of the electors voting on the bonded indebtedness in a referendum duly called for this purpose by the governmental entity. This requirement applies notwithstanding any other provision of any bond act and is in addition to the terms and conditions specified in any bond act."
SECTION 3. This act takes effect upon approval by the Governor./
AMEND TITLE TO READ:
/TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS, LEASE PURCHASE AGREEMENTS, OR CONTRACTS WHICH A GOVERNMENTAL ENTITY IS PERMITTED TO ENTER INTO WITHOUT THEIR BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, AND TO MAKE TECHNICAL REFERENCE CHANGES./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.
Rep. YOUNG-BRICKELL explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4898 -- Rep. Robinson: A BILL TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MILITARY SERVICE TO BE ESTABLISHED AS CREDITABLE SERVICE ON THE BASIS OF ONE YEAR OF MILITARY SERVICE RATHER THAN TWO YEARS OF MILITARY SERVICE FOR EACH YEAR OF SERVICE ESTABLISHED, TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE AND TO CLARIFY PROVISIONS PROHIBITING THE DUPLICATION OF BENEFITS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5494HTC.98), which was adopted.
Amend the bill, as and if amended, by striking Sections 1 and 3 and inserting:
/SECTION 1. The third unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 166 of 1993, is further amended to read:
"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each two years one year of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment prior to before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his employment by an employer the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the State member's current employer. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system provided in this title. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than ten percent and effective July 1, 1994, twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any other retirement system for the same period of service."
SECTION 3. Subsections (4) and (6)(a) of Section 9-11-50 of the 1976 Code, as last amended by Act 420 of 1994, are further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each two years one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment prior to before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the State member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system under this title.
(6)(a) A former employee of the United States employed in this State by an employer covered by the system and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment must not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event shall any benefits payable under the system duplicate benefits being paid under any other retirement system for the same period of service."/
Amend title to conform.
Rep. LANFORD explained the amendment.
The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day due to business reasons.
Rep. LANFORD continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. WALKER asked unanimous consent to recall S. 1185 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SIMRILL objected.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4991 -- Rep. Baxley: A BILL TO AMEND SECTION 56-5-1290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT TRAFFIC ACCIDENT REPORTS SHALL NOT BE REFERRED TO IN ANY WAY OR USED AS EVIDENCE OF NEGLIGENCE OR DUE CARE AT TRIALS REGARDING SUCH ACCIDENTS, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS MAY REFER TO THESE REPORTS WHEN TESTIFYING IN ORDER TO REFRESH THEIR RECOLLECTION OF EVENTS.
Rep. SCOTT asked unanimous consent to recall H. 3992 from the Committee on Ways and Means.
Rep. SIMRILL objected.
On motion of Rep. SHEHEEN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
H. 4622 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH OWNERSHIP AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR AS THE DATE BY WHICH RESIDENTIAL PROPERTY MUST BE OWNED BY THE OWNER-OCCUPANT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Rep. EASTERDAY asked unanimous consent to recall H. 4570 from the Committee on Ways and Means.
Rep. COOPER objected.
Rep. WALKER asked unanimous consent to recall S. 1185 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SCOTT objected.
The veto on the following Act was taken up.
(R311) H. 4400 -- Rep. D. Smith: AN ACT TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Hawkins Lee Littlejohn Vaughn Walker
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R312) H. 4402 -- Rep. Kirsh: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Kirsh McCraw Meacham Moody-Lawrence Simrill
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R315) H. 4574 -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: AN ACT TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD THE MAYOR OF MOUNT PLEASANT, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Breeland Campsen Dantzler Mack Whatley
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R317) H. 4630 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Fleming Wilder
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R318) H. 4637 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Fleming Wilder
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R321) H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Cato Haskins Leach Vaughn Wilkins
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The SPEAKER granted Rep. CATO a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 3184 -- Rep. Davenport: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS AND REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.
Rep. HARRISON explained the Senate amendment.
Rep. KIRSH inquired if SPEAKER WILKINS would invoke Rule 4.8 and order H. 3184 to be referred to committee.
SPEAKER WILKINS refused to invoke Rule 4.8.
Rep. HARRISON moved to adjourn debate upon the Senate amendments until Thursday, April 16, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4540 -- Reps. Loftis and Leach: A BILL TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
The Senate amendments were agreed to, and the Bill, 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.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Joint Resolution, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 4670 -- Reps. Wilkins, Haskins, D. Smith, Cato, J. Brown, Townsend, Harrison, H. Brown and Sharpe: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN THE GENERAL ELECTION, SO AS TO CHANGE THE TIME FOR FILING FOR OFFICE; AND TO AMEND SECTION 7-11-210, AS AMENDED, RELATING TO THE NOTICE OF CANDIDACY AND PLEDGE BY A CANDIDATE FOR SELECTION AS A NOMINEE OF A POLITICAL PARTY, SO AS TO CHANGE THE DATE FOR FILING THE NOTICE OR PLEDGE.
Rep. CROMER demanded the yeas and nays on the passage of the Bill on third reading, which were not ordered.
The Bill was read the third time, and ordered sent to the Senate by a division vote of 43 to 6.
I wish the record to reflect that I am opposed to this Bill.
Rep. WALTON J. McLEOD
The motion period was dispensed with on motion of Rep. FELDER.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5053 -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONDOLENCES OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF MELVIN LAWRENCE (MEL) PARKER, JR., WHO DIED FRIDAY, APRIL 10, 1998, AT HIS HOME IN SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1192 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION CONGRATULATING FIRST PRESBYTERIAN CHURCH OF GREENVILLE ON THE OCCASION OF THE CHURCH'S ONE HUNDRED FIFTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1193 -- Senator Giese: A CONCURRENT RESOLUTION DECLARING THE MONTH OF MAY AS STROKE MONTH IN SOUTH CAROLINA AND URGING ALL CITIZENS TO EDUCATE THEMSELVES REGARDING RISK FACTORS FOR STROKE AND HEART DISEASE AND THE SIGNS AND SYMPTOMS OF THESE DISEASES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5054 -- Reps. Jennings, Altman, Maddox and Harrison: A BILL TO AMEND SECTION 50-21-114, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO CHEMICAL TEST OR ANALYSIS OF BREATH, BLOOD, OR URINE OF PERSONS ARRESTED FOR OPERATING WATERCRAFT OR EQUIPMENT, SO AS TO PROVIDE FOR A COMBINATION OF CHEMICAL TESTS OR BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL AND DRUGS WHEN THERE IS PROBABLE CAUSE TO BELIEVE A PERSON VIOLATED OR IS UNDER ARREST FOR OPERATING SPECIFIED WATERCRAFT AND EQUIPMENT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF ALCOHOL AND DRUGS.
Referred to Committee on Judiciary.
The following Bill was taken up.
H. 3932 -- Reps. Wilkins, H. Brown, Easterday, Klauber, Haskins, Young-Brickell, Cato, Cooper, Sharpe, Sandifer, Bailey, Robinson, Harrell, Boan, Knotts, Whatley, Young and Altman: A BILL TO AMEND CHAPTER 36 OF TITLE 12, RELATING TO SALES AND USE TAX, BY ADDING SECTION 12-36-160 SO AS TO ADD APPROPRIATE DEFINITIONS; TO AMEND SECTIONS 12-36-60, AS AMENDED, 12-36-70, AS AMENDED, 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-910, AS AMENDED, AND 12-36-1310, RELATING TO TAXING PROCEEDS OF RETAIL AND WHOLESALE SALES OF TANGIBLE PERSONAL PROPERTY, SO AS TO IMPOSE A FIVE PERCENT SALES AND USE TAX ON LOCAL TELECOMMUNICATION SERVICES, CABLE TELEVISION SUBSCRIBER SERVICES, AND PAGING SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO DELETE THE EXEMPTION FOR TOLL CHARGES FOR VOICE OR MESSAGE TRANSMISSION, CHARGES FOR TELEGRAPH MESSAGES AND CARRIER AND CUSTOMER ACCESS LINE CHARGES; AND TO REPEAL SECTION 12-36-2645 RELATING TO TAXES ON THE PROCEEDS OF 900/976 TELEPHONE SERVICES.
The Committee on Ways and Means proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9820MM.98), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 11 on page 6, beginning on line 16, in its entirety and inserting:
/ SECTION 11. This act takes effect July 1, 1999. /
Amend 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 Bills were taken up, read the second time, and ordered to a third reading:
H. 4435 -- Reps. Campsen, F. Smith, Bailey, Quinn, Meacham, Cromer, Beck, Wilkes, Clyburn, Woodrum, Young, Barrett, T. Brown, Hamilton, Limehouse, Robinson, Easterday, Vaughn, Walker, Littlejohn, Sandifer, Davenport, Haskins, Tripp, Leach, Bowers, Bauer, Lanford and Phillips: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE AND OTHER MATTERS RELATING TO FEDERAL INCOME CONFORMITY, SO AS TO UPDATE THE REFERENCE DATE AND ALLOW A TAXPAYER TO ELECT A 1985 REFERENCE DATE WITH RESPECT TO CERTAIN CORPORATE LIQUIDATIONS.
Rep. CAMPSEN explained the Bill.
H. 4634 -- Reps. Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.
Rep. SANDIFER explained the Bill.
H. 4822 -- Rep. Jennings: A BILL TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.
Rep. McKAY explained the Bill.
The following Bill was taken up.
H. 4868 -- Reps. H. Brown, Keegan and Cooper: A BILL TO AMEND SECTIONS 12-37-2810, 12-37-2820, AS AMENDED, 12-37-2830, AS AMENDED, 12-37-2840, AS AMENDED, AND 12-37-2850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO MOTOR CARRIERS AND THE ASSESSMENT OF PROPERTY TAXES ON MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO REVISE THE DEFINITION OF "MOTOR CARRIER" TO CLARIFY THAT THE DEFINITION EXTENDS TO THE TRANSPORTATION OF BOTH PROPERTY AND PERSONS, AND TO DEFINE "BUS" AND "GROSS CAPITALIZED COST"; TO DELETE THE REQUIREMENT OF VALUATION BY THE DEPARTMENT OF REVENUE; TO PROVIDE FOR PROPOSED ASSESSMENT BY THE DEPARTMENT IF A MOTOR CARRIER FAILS TO FILE A RETURN; AND TO PROVIDE FOR ASSESSMENT BASED ON THE PRECEDING CALENDAR YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4885MM.98), which was adopted.
Amend the bill, as and if amended, SECTION 6, page 4, line 15, by striking /1998/ and inserting / 1997 /.
When amended the section reads:
/SECTION 6. This act takes effect upon approval by the Governor for calendar years beginning after December 31, 1997./
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4119 -- Reps. Miller, Edge, G. Brown, Whipper, Seithel, Mullen, Hawkins, Delleney, Meacham, M. Hines, Kelley, Cotty, Inabinett, Walker, McMahand, Sheheen, McCraw, Battle, Phillips, T. Brown, Kennedy, Neal, Keegan, Rhoad, Govan, Witherspoon, Whatley, Fleming, Carnell, Knotts, Webb, Cromer, Lee, F. Smith, Allison, McLeod, J. Brown, Byrd, Boan, Hodges, Stille, Maddox, Townsend, Sandifer, Cave, Barrett, Riser, Moody-Lawrence, Robinson, D. Smith, Gourdine, Harvin, Bauer and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO INDEBTEDNESS PAYABLE FROM REVENUE-PRODUCING PROJECTS AND FROM SPECIAL SOURCES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRANCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
SECTION 1. It is proposed that Section 14(10), Article X of the Constitution of this State be amended to read:
"(10) Indebtedness payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax or license, may be issued upon such terms and conditions as the General Assembly may prescribe by general law; provided, that the General Assembly may authorize by general law that indebtedness for the purpose of redevelopment within incorporated municipalities and counties may be incurred, and that the debt service of such indebtedness be provided from the added increments of tax revenues to result from any such project. Any and all indebtedness incurred pursuant to the provisions of this subsection shall contain a statement on the face thereof specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged therefor."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 14, Article X of the Constitution of this State, relating to indebtedness payable from revenue-producing projects and from special sources, be amended so as to provide that the General Assembly may provide by general law for counties to incur indebtedness for the purpose of redevelopment and to provide that the debt service for such indebtedness be provided from the added increments of tax revenues to result from such project?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. R. SMITH explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Brown, G. Brown, H. Brown, J. Carnell Cave Chellis Clyburn Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
H. 4120 -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21424SD.98), which was adopted.
Amend the bill, as and if amended, in SECTION 1 by adding a new Section 31-7-75 of the 1976 Code immediately following Section 31-7-70 on page 9 to read:
/Section 31-7-75. If a municipality annexes a tract of property located in a redevelopment project area, the value of each parcel of real property therein for purposes of the ad valorem taxes of the municipality shall be that which is attributable to its initial equalized assessed value before the redevelopment project and not to the increase in its equalized assessed value due to the redevelopment project./
Amend the bill, as and if amended, in Section 31-7-40 of the 1976 Code, as contained in SECTION 1, line 39, page 5, by striking /31-6-70/ and inserting /31-7-70/; by striking on line 1, page 6, /31-6-110/ and inserting /31-7-110/, by striking on line 3, page 6, /31-6-110/ and inserting /31-7-110/; and by striking /31-6-70/ on line 6, page 6, and inserting /31-7-70/.
When amended Section 31-7-40 shall read:
"Section 31-7-40. Obligations secured by the special tax allocation fund set forth in Section 31-7-70 for the redevelopment project area may be issued to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 31-7-110 against the taxable property included in the area and other revenue as specified in Section 31-7-110 designated by the county which source does not involve revenues from any tax or license. In the ordinance the county may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 31-7-70 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a county only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the county to the county treasurer. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area. In addition to obligations secured by the special tax allocation fund, the county may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project. The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the county. If the governing body determines to sell any obligations the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the county.
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the treasurer of each county in which any portion of a redevelopment project is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A county also may issue its obligations to refund in whole or in part obligations previously issued by the county under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to 'obligations' are considered to include these refunding obligations. The debt incurred by a county pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States."
Amend the bill, as and if amended, in Section 31-7-70 of the 1976 Code, as contained in SECTION 1, by striking on /31-6-80/ on line 42, page 7 and inserting 31-7-80/; by striking /31-6-100(B)/ on line 7, page 8, and inserting /31-7-100(B)/; and by striking /31-6-100(B)/ on line 10, page 8, and inserting /31-7-100(B)/.
When amended Section 31-7-70 shall read:
"Section 31-7-70. A county, within five years after the date of adoption of an ordinance providing for approval of a redevelopment plan pursuant to Section 31-7-80, may issue obligations under this chapter to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified 'total initial equalized assessed value' established in accordance with Section 31-7-100(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 31-7-100(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the county which shall deposit the taxes into a special fund called the special tax allocation fund of the county for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The county may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
Any ordinance adopted based on acts of the county occurring before the effective date of this chapter must incorporate by reference and adopt those prior acts undertaken in accordance with the procedures of this chapter as if they had been undertaken pursuant to this chapter.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the county, all surplus funds then remaining in the special tax allocation fund must be paid by the county treasurer immediately to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a county issued under this chapter, and the distribution of any surplus monies pursuant to this section, the county shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
If five years have passed from the time a redevelopment project area is designated and the county has not issued obligations under this chapter to finance the redevelopment project, upon the expiration of the five-year term, the county shall adopt an ordinance terminating the designation of the redevelopment project area."
Amend further, as and if amended, in Section 31-7-80 of the 1976 Code, as contained in SECTION 1, by striking /31-6-80/ on line 5, page 11, and inserting /31-7-80/.
When amended Section 31-7-80 shall read:
"Section 31-7-80. Prior to the issuance of any obligations under this chapter, the county shall set forth by way of ordinance the following:
(a) a copy of the redevelopment plan containing a statement of the objectives of a county with regard to the plan;
(b) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(c) a statement containing the cost estimates of the redevelopment plan and redevelopment project and the projected sources of revenue to be used to meet the costs including estimates of tax increments and the total amount of indebtedness to be incurred;
(d) a list of all real property in the redevelopment project area;
(e) the duration of the redevelopment plan;
(f) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located;
(g) findings that:
(i) the redevelopment project area is a blighted or conservation area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance;
(ii) property values in the area would remain static or decline without public intervention; and
(iii) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the county.
Before approving any redevelopment plan under this chapter, the governing body of the county must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the county and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.
Not less than forty-five days prior to the date set for the public hearing, the county shall give notice to all taxing districts of which taxable property is included in the redevelopment project area, and in addition to the other requirements of the notice set forth in the section, the notice shall request each taxing district to submit comments to the county concerning the subject matter of the hearing prior to the date of the public hearing.
If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The county may issue obligations to finance the redevelopment project if less than all taxing districts consent to the redevelopment plan. The tax increment for a taxing district that does not consent to the redevelopment plan must not be included in the special tax allocation fund after the first fifteen years after the initial issuance of obligations to finance such plan. No consent is required of any taxing district if the term of the proposed initial obligations is fifteen years or less or, in the case of any additional or refunding obligations, if the term of the obligations is not greater than the later of:
(a) fifteen years from the date of issuance of the initial or refunded obligations or
(b) the remaining term of the initial or refunded obligations.
Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 31-7-80, changes may be made in the redevelopment plan which do not alter the exterior boundaries or do not substantially affect the general land use established in the plan or substantially change the nature of the redevelopment project, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the county in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterwards, challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.
After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or nature of the redevelopment project must be approved by ordinance of the county in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area."
Amend further, as and if amended, in Section 31-7-100(A) of the 1976 Code, as contained in SECTION 1, by striking /31-6-80/ on line 10, page 12, and inserting /31-7-80/; by striking /31-6-80/ on line 12, page 12, and inserting /31-7-80/; and by striking /31-6-80/ on line 17, page 12, and inserting /31-7-80/.
When amended Section 31-7-100(A) shall read:
"(A) If a county by ordinance approves a redevelopment plan pursuant to Section 31-7-80, the auditor of the county, immediately after adoption of the ordinance pursuant to Section 31-7-80, upon request of the county, must determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of adoption of the ordinance adopted pursuant to Section 31-7-80, which value is the 'initial equalized assessed value' of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the 'total initial equalized assessed value' of the taxable real property within the redevelopment project area."
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.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1870MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 71, Title 38 of the 1976 Code is amended by adding:
Section 38-71-1500. This article may be cited as the 'South Carolina Patients' Insurance and Benefits Protection Act'.
Section 38-71-1510. As used in this article:
(1) 'Closed Panel Health Plan' means a network plan that requires insureds or members to seek covered health care services or supplies, except in the case of emergency, exclusively from network providers.
(2) 'Eligibility' means the time at which an insured or member is entitled to enroll under the terms of the coverage offered by the network plan by virtue of:
(a) terms of employment;
(b) an annual open enrollment period; or
(c) at any other time during which the network plan's procedures or South Carolina law allows enrollment in the plan or allows renewal in the plan.
(3) 'Health insurance coverage' means coverage as defined in Section 38-71-840(14).
(4) 'Network plan' means a plan as defined in Section 38-71-840(24).
(5) 'Network providers' means those entities and individuals who provide covered health care services or supplies to insureds or members pursuant to a contract with a network plan to act as a participating provider.
(6) 'Open panel health plan' means a plan which permits insureds or members to seek covered health care services or supplies exclusively from an out-of-network provider.
(7) 'Out-of-network providers' means those entities and individuals who provide covered health care services or supplies who are not network providers.
(8) 'Point-of-service option' means a network plan that provides benefits for services or supplies provided by network providers and provides benefits for services or supplies provided by nonparticipating network providers.
(a) In-network covered health care services provided through a licensed health maintenance organization is governed by and subject to the provisions of Chapter 33 of this title.
(b) Out-of-network coverage may be underwritten by and provided through the health maintenance organization or through a licensed insurance company. The Director of Insurance may promulgate regulations as necessary or appropriate to implement the provisions of this subsection.
(c) Any benefit limitation for out-of-network covered health care services applied to an annual or lifetime benefit limitation may be offset against the benefit limitation applicable to in-network covered health care services or supplies, regardless of whether out-of-network coverage is provided through a health maintenance organization or an insurance company.
(d) The rating methods used to establish premiums for the point-of- service option must be based on actuarially sound principles.
Section 38-71-1520. (A) For purposes of health plans offered pursuant to this section:
(1) An employer who employs more than fifty eligible employees and who offers to employees major medical, hospitalization, and surgical health insurance coverage only under a closed panel health plan, also shall offer to employees at the time of their eligibility as major medical, hospitalization, and surgical health insurance coverage a point-of-service option. An employee of an employer offering only a closed panel health plan has the right to choose whether to remain in the closed panel health plan or to choose a point-of-service option.
(2) An employer may require an employee who chooses a point-of-service option to be responsible for payment of premiums, deductibles, copayments, or other payments in excess of the benefits provided by the closed panel health plan.
(3) Differences between coinsurance percentages for in-network and out-of-network covered health care services or supplies in a point-of- service option may not exceed a maximum differential of twenty percent. The coinsurance percentage for in-network and out-of-network covered health care services or supplies provided by dentists may not exceed a maximum difference of five percent.
(4) An employee, spouse, or dependent receiving treatment for an illness covered under a closed panel health plan may continue to receive services from a provider who elects to discontinue participation as a closed panel plan provider, subject to the terms of the contract between the provider and the health plan. This right of continuation is limited to a period of ninety days or the anniversary date of the plan, whichever occurs first.
(5) A point-of-service option or closed panel health plan offered pursuant to this article may not discriminate against a physician, podiatrist, optometrist, oral surgeon, or chiropractor by excluding the provider from participating in the plan on the basis of the profession. A health care plan may not exclude these providers from providing health care services which they are licensed to provide and which are covered by the plan and as determined by medical necessity under utilization review guidelines. Nothing in this section may be construed to interfere in any way with the medical decision of the primary health care provider to use or not use any health care professional on a case-by-case basis.
(6) A pharmacist may provide professional services under the pharmacist's scope of practice so long as the services are provided pursuant to a prescription written by a medical doctor or dentist with whom the patient has an established physician-patient relationship. Nothing in this subsection requires a managed care plan to provide reimbursement to a pharmacist. An advanced practice nurse functioning as authorized by the State Board of Nursing Regulation 91-6 may provide professional services under the advanced practice nurse's scope of practice so long as the services provided are pursuant to protocols by a medical doctor with whom the patient has an established physician-patient relationship. A point-of-service option offered pursuant to this section may not discriminate against an advanced practice nurse. Nothing in this subsection requires a managed care plan to provide reimbursement to an advanced practice nurse.
(7) Nothing contained in this article affects in any way a plan exempted by the federal Employee Retirement Income Security Act of 1974 or any South Carolina law in existence before January 1, 1998, and state employee health insurance programs or any political subdivision self-funded health insurance program; and this article does not affect the right of an employer to specify plan design or affect the right of a plan to credential or re-credential a provider. Nothing contained in this article affects accident-only, blanket accident and sickness, specified disease, credit, Medicare supplement, long-term care, or disability income insurance, coverage issued as a supplement to liability or other insurance coverage designed solely to provide payments on a per diem, fixed-indemnity, or nonexpense incurred basis, coverage for Medicare or Medicaid services pursuant to a contract with state or federal government, worker's compensation or similar insurance, or automobile medical payment insurance.
(B) This section applies only to employers who employ more than fifty eligible employees and who offer as major medical, hospitalization, and surgical health insurance coverage, only a closed panel health plan. This section does not apply to employers who employ more than fifty eligible employees, who offer as major medical, hospitalization, and surgical health insurance coverage an open panel health plan or a point-of-service option.
Section 38-71-1530. (A) For purposes of any health insurance plan, health maintenance organization, or any other health benefits plan offered in this State under the jurisdiction of South Carolina law:
(1) Each party to a managed care participating provider agreement is responsible for the legal consequences and costs of their own acts or omissions or both and are not responsible for the acts or omissions or both of the other party. Any clause in a participating provider agreement to the contrary is unlawful in this State, as a matter of public policy, whether entered into before or after January 1, 1999.
(2) To the extent that a network plan requires insured or members to receive health benefits through a network of providers, the provisions of participating provider agreements must not limit the network providers:
(a) ability to discuss with an insured or member, the treatment options available to the insured or member, risks associated with treatments, utilization management decisions, and recommended course of treatment;
(b) legal obligations to insured or members as specified under the provider's professional license.
(B) Nothing in this section:
(1) prevents a network plan from prohibiting disclosure by network providers of trade secrets;
(2) subjects a network plan to liability for clinical decisions made solely by the network provider; and
(3) limits the ability of the network plan otherwise to prudently administer its provider contracts.
Section 38-71-1540. A network plan must disclose in writing, using the plain and ordinary meaning of words so as reasonably to ensure comprehension by the insured or member, and make available to an insured or member at the time of enrollment:
(1) services or benefits under the plan, including limitations on services;
(2) rules regarding copayments, prior authorization, and review requirements that apply to benefits plan of the insured or member;
(3) potential financial liability for the insured or member to pay for a portion of services received from an out-of-network provider;
(4) financial obligations of the insured or member for items and services both in and out of the network;
(5) the number, mix, and distribution of network providers and a current list of network providers upon request from an insured or member;
(6) the rights and responsibilities of an insured or member, including an explanation of any appeals process for the denial of care or services under the plan;
(7) the existence of any limitations on the choice of providers by an insured or member."
SECTION 2. If a provision of this act or the application of the provision to a person or circumstance is held to be unconstitutional, the remainder of this act and the application of the provisions of this act to a person or circumstance is not affected.
SECTION 3. This act takes effect January 1, 1999, except that the provisions of the act applicable to employer-sponsored health plans are effective for plan years beginning on or after January 1, 1999. /
Amend further by striking the title and inserting:
/TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE. /
Renumber sections to conform.
Amend title to conform.
Rep. MASON explained the amendment.
The amendment was then adopted.
Rep. MASON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4785 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9826MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/"(A) A limited partner may withdraw from a limited partnership only at the time or upon the happening of events specified in writing in the partnership agreement, if:
(1) the limited partnership was formed on or after July 1, 1998; or
(2) the limited partnership was formed before July 1, 1998, and the partnership agreement governing the limited partnership specifies in writing the time or the events upon the happening of which a limited partner may withdraw or a definite time for the dissolution and winding up of the limited partnership.
(B) If the partnership agreement governing a limited partnership formed before July 1, 1998, does not specify in writing the time or the events upon the happening of which a limited partner may withdraw or a definite time for the dissolution and winding up of the limited partnership, a limited partner may withdraw upon not less than six months' prior written notice to each general partner at his address on the books of the limited partnership at its office required to be maintained pursuant to Section 33-42-50 (1) in this State. If the partnership agreement of the limited partnership is amended on or after July 1, 1998, to specify the time or the events upon the happening of which a limited partner may withdraw or a definite time for the dissolution and winding up of the limited partnership, the amendment shall apply retroactively to the date of the formation of the limited partnership, and the limited partnership is deemed to be a limited partnership described in subsection (A)(2)."
SECTION 2. This act takes effect July 1, 1998./
Amend 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.
The following Bill was taken up.
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1871DW.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 30-4-30 of the 1976 Code is amended by adding:
"(d) The following records of public bodies must be made available for public inspection and copying during the hours of operations of the public body without the requester being required to make a written request to inspect or copy the records when the requester appears in person:
(1) minutes of the meetings of public bodies for the preceding six months;
(2) all reports identified in Section 30-4-50(A)(8) for at least the fourteen-day period before the current day; and
(3) documents identifying persons confined in any jail, detention center, or prison."
SECTION 2. That portion of Section 30-4-40(a) of the 1976 Code, which precedes item (1), is amended to read:
"The following matters are exempt from disclosure under the provisions of this chapter: A public body may but is not required to exempt from disclosure the following information:"
SECTION 3. Section 30-4-40(a)(5) of the 1976 Code is amended to read:
"(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however, these documents are not exempt from disclosure once a contract is entered into or the property is sold or purchased. Provided, further, a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed. Provided, further, that confidential proprietary information provided to a public body for economic development or contract negotiations purposes need not be disclosed."
SECTION 4. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) All materials, regardless of form, gathered by a public body during a search to fill an employment position, except that materials relating to not fewer than the final three applicants under consideration for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described in this item, the public body must disclose, upon request, the number of applicants considered for a position. For the purpose of this item 'materials relating to the final three applicants' do not include an applicant's income tax returns, medical records, or social security number."
SECTION 5. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )(A) Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher education in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of a state institution of higher education or any public or private entity supporting or participating in the activities of a state institution of higher education in the conduct of, as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's financial or administrative records."
SECTION 6. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) the identity, or information tending to reveal the identity, of any individual who, in good faith, makes a complaint or otherwise discloses information, which alleges a violation or potential violation of law or regulation, to a state regulatory agency."
SECTION 7. Section 30-4-50(A)(8) of the 1976 Code, as last amended by Act 269 of 1992, is further amended to read:
"(8) incident reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where an a incident report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the incident report."
SECTION 8. Section 30-4-70 of the 1976 Code is amended to read:
"Section 30-4-70. (a) A public body may hold a meeting closed to the public for one or more of the following reasons:
(1) Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; however, if an adversary hearing involving the employee or client is held such the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing.
(2) Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against said the agency of a claim.
(3) Discussion regarding the development of security personnel or devices.
(4) Investigative proceedings regarding allegations of criminal misconduct.
(5) Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
(6)(b) Prior Before to going into executive session the public agency shall vote in public on the question and when such the vote is favorable the presiding officer shall announce the specific purpose of the executive session. As used in this subsection, 'specific purpose' means a description of the matter to be discussed as identified in items (1) through (5) of subsection (a) of this section. However, when the executive session is held pursuant to Sections 30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual or entity being discussed need not be disclosed to satisfy the requirement that the specific purpose of the executive session be stated. No formal action may be taken in executive session. As used in this item "formal action" means a recorded vote committing the body concerned to a specific course of action. No vote action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session.
(b)(c) No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(c)(d) This chapter does not prohibit the removal of any person who wilfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
(d)(e) Sessions of the General Assembly may enter into executive sessions authorized by the Constitution of this State and rules adopted pursuant thereto."
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. KLAUBER moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the Joint Assembly.
The SPEAKER granted Rep. CHELLIS a leave of absence for the remainder of the day due to business reasons.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4773 -- Reps. A. Harris, 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, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, 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 INVITING THE WINNERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1998, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The 1998 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Leventis, Martin, Setzler and Washington and Representatives WOODRUM, TROTTER, INABINETT, SEITHEL and KNOTTS.
Lt. Governor Peeler made the following opening remarks:
"It is my pleasure to recognize the Speaker of the South Carolina House of Representatives, the Honorable David Wilkins."
Speaker WILKINS made the following remarks:
"Thank you. Through the eleven years that we have presented these awards, the members of the South Carolina General Assembly have gained a better understanding and a deeper appreciation for some of our state's finest, age-old traditions. Beginning last year, this event became even more special to us. Through legislation sponsored by every member of the House, the awards became known as the Jean Laney Harris Folk Heritage Awards. This gives us a chance to honor the memory of our dear friend and colleague who always cherished and championed South Carolina's cultural traditions. So, in tribute to Jean, we present the 1998 Folk Heritage Awards. I will read a brief history of each of the recipients as the awards are presented.
The first recipient is Buford Mabry, Storyteller. Born and raised on a farm in Sumter County, Buford Mabry started his story-telling with his younger brother, who due to a disability, was unable to go hunting and fishing with the other boys. After a big day outdoors, Buford would tell his little brother tales about the day's adventures. Later, while serving in the Navy during World War II, Buford entertained his shipmates with stories that raised their morale and cheered their spirits. After being wounded in action, he returned home and was elected Sumter County Superintendent of Education. He has written two books of stories and he's always ready to regale friends and family with tall tales of hunting and fishing. Our first recipient of the Folk Heritage Award is Buford Mabry. Representative Woodrum is here to present the award to Mr. Mabry.
Speaker WILKINS made the following remarks:
"The second recipient is Nick Hallman, Old-Time Country Musician. Nick Hallman is a multi-talented musician and a dedicated advocate of South Carolina's musical heritage. He is founder of the Nickpickers, the only band in our state that consistently features South Carolina Piedmont traditional music as it was played at the turn of the century - a unique blend of Scotch-Irish and West African music styles. He and his band love to play Appalachian fiddle and dulcimer tunes, cotton mill songs, Piedmont blues, old time gospel, country comedy songs, and Celtic tunes and waltzes. Representative Trotter is here to present the award to Mr. Hallman."
Speaker WILKINS made the following remarks:
"The third recipient is Tom Boozer, Decoy Carver. Tom is South Carolina's only full-time maker of hollow body gunning decoys authentic to the period of 1846-1940. He learned from his friend, Olin Ballentine, how to select white cedar trees to make his decoys. He has practiced his craft for over twenty-five years, and he now produces an average of 200 hand-made decoys a year, which you will be able to see on display at the reception following this ceremony. Representative Inabinett is here to present the award to Mr. Boozer."
Speaker WILKINS made the following remarks:
"Our fourth recipient is Carolyn E. White, Storyteller. A native of James Island, Carolyn learned the art of Gullah storytelling from her parents and her grandparents. Although her father is now deceased, her mother, Elizabeth Prioloeau (PREE-o-low), continues to be a source of encouragement and inspiration. As the owner of a small, neighborhood grocery store, Carolyn has ample opportunity to practice her art. As word of her warm and funny stories has spread, her performances in the Gullah language - a creolization of a West African language and English - have become very popular in the Lowcountry and throughout the State. Representative Seithel and Senator Washington are here to present the award to Ms. White."
Speaker WILKINS made the following remarks:
"Our fifth recipient is Wilford (Bill) Wells, Advocate for Old-Time Country and Bluegrass Music. The Folk Heritage Advocacy Award is an honor the Advisory Committee presents, at their discretion, to recognize exceptional advocacy for South Carolina's folk art traditions. This year, the Committee honors Bill Wells. In 1985, he opened Bill's Pickin' Parlor and Music Shop in West Columbia. Since then on Friday evenings, people from all walks of life and from throughout the region, meet to jam with other musicians or simply to listen to the music in a family-friendly environment. Bill's band, the Blue Ridge Mountain Grass, promotes the acoustic sound and virtuosity of bluegrass music and they practice the bluegrass tradition of devotion to their audience. Representative Knotts is here to present the award to Mr. Wells."
Speaker WILKINS:
"On behalf of the House and the Joint Assembly let me say to all of you that we appreciate your being with us and congratulations on your awards. We appreciate you allowing us to join in the celebration of your achievements."
Speaker WILKINS recognized Mr. Buford Mabry, who performed for the Joint Assembly.
Speaker WILKINS then recognized Mr. Nick Hallman, who performed for the Joint Assembly.
Speaker WILKINS then recognized Ms. Carolyn E. White, who performed for the Joint Assembly.
Speaker WILKINS then recognized Mr. Wilford (Bill) Wells, who performed for the Joint Assembly.
Speaker WILKINS:
"I also want to recognize Jane Przybysz, the Folk Arts Coordinator of the McKissick Museum. Jane, we appreciate you helping us put this together. Before we conclude, I again want to say that on behalf of the General Assembly, we appreciate the recipients being here and sharing your special skills with us. You brighten our day. It is a great break from what we do and we really enjoyed having you with us. I would ask the Joint Assembly to stand one more time to give recognition to Buford Mabry, Nick Hallman, Tom Boozer, Carolyn White and Bill Wells. Thank you for being with us and congratulations."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
The following was introduced:
H. 5055 -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO CONGRATULATE MR. EDDIE WILLIAMS OF BRANCHVILLE, THE OLDEST LIVING HEIR OF HIS FAMILY, ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY AND TO SALUTE HIM FOR A LIFETIME OF GENEROSITY TO HIS FAMILY, FRIENDS, AND COMMUNITY.
The Resolution was adopted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1871DW.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 30-4-30 of the 1976 Code is amended by adding:
"(d) The following records of public bodies must be made available for public inspection and copying during the hours of operations of the public body without the requester being required to make a written request to inspect or copy the records when the requester appears in person:
(1) minutes of the meetings of public bodies for the preceding six months;
(2) all reports identified in Section 30-4-50(A)(8) for at least the fourteen-day period before the current day; and
(3) documents identifying persons confined in any jail, detention center, or prison."
SECTION 2. That portion of Section 30-4-40(a) of the 1976 Code, which precedes item (1), is amended to read:
"The following matters are exempt from disclosure under the provisions of this chapter: A public body may but is not required to exempt from disclosure the following information:"
SECTION 3. Section 30-4-40(a)(5) of the 1976 Code is amended to read:
"(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however, these documents are not exempt from disclosure once a contract is entered into or the property is sold or purchased. Provided, further, a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed. Provided, further, that confidential proprietary information provided to a public body for economic development or contract negotiations purposes need not be disclosed."
SECTION 4. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) All materials, regardless of form, gathered by a public body during a search to fill an employment position, except that materials relating to not fewer than the final three applicants under consideration for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described in this item, the public body must disclose, upon request, the number of applicants considered for a position. For the purpose of this item 'materials relating to the final three applicants' do not include an applicant's income tax returns, medical records, or social security number."
SECTION 5. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )(A) Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher education in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of a state institution of higher education or any public or private entity supporting or participating in the activities of a state institution of higher education in the conduct of, as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's financial or administrative records."
SECTION 6. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) the identity, or information tending to reveal the identity, of any individual who, in good faith, makes a complaint or otherwise discloses information, which alleges a violation or potential violation of law or regulation, to a state regulatory agency."
SECTION 7. Section 30-4-50(A)(8) of the 1976 Code, as last amended by Act 269 of 1992, is further amended to read:
"(8) incident reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where an a incident report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the incident report."
SECTION 8. Section 30-4-70 of the 1976 Code is amended to read:
"Section 30-4-70. (a) A public body may hold a meeting closed to the public for one or more of the following reasons:
(1) Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; however, if an adversary hearing involving the employee or client is held such the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing.
(2) Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against said the agency of a claim.
(3) Discussion regarding the development of security personnel or devices.
(4) Investigative proceedings regarding allegations of criminal misconduct.
(5) Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
(6)(b) Prior Before to going into executive session the public agency shall vote in public on the question and when such the vote is favorable the presiding officer shall announce the specific purpose of the executive session. As used in this subsection, 'specific purpose' means a description of the matter to be discussed as identified in items (1) through (5) of subsection (a) of this section. However, when the executive session is held pursuant to Sections 30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual or entity being discussed need not be disclosed to satisfy the requirement that the specific purpose of the executive session be stated. No formal action may be taken in executive session. As used in this item "formal action" means a recorded vote committing the body concerned to a specific course of action. No vote action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session.
(b)(c) No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(c)(d) This chapter does not prohibit the removal of any person who wilfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
(d)(e) Sessions of the General Assembly may enter into executive sessions authorized by the Constitution of this State and rules adopted pursuant thereto."
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1883DW.98), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, page 22-1, Section 30-4-30(d)(3) as contained in SECTION 1, line 36, by adding after /prison/:
/ for the preceding three months /
Amend the bill further, page 22-2, Section 30-4-40(a) as contained in SECTION 4, line 24, by inserting after /to/:
/ not fewer than /
Amend title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT moved to adjourn debate upon the Bill.
Rep. YOUNG moved to table the motion.
Rep. KLAUBER demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 34 to 26.
Reps. ROBINSON, DAVENPORT, HINSON, SPEARMAN, LITTLEJOHN, ALLISON, J. HINES, YOUNG-BRICKELL, KNOTTS, CAVE, WOODRUM, RISER, J. BROWN, BREELAND and McMAHAND requested debate on the Bill.
The following Bill was taken up.
H. 4884 -- Rep. Harrison: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9827DW.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or the South Carolina delegation members while attending a national or regional legislative meeting, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups;"/
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\21468SD.98), which was adopted.
Amend the bill, as and if amended, in Section 8-13-320(10(b) of the 1976 Code, as contained in SECTION 5, by striking item (b) and inserting:
/(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. In this event, the respondent must notify the commission of his waiver of confidentiality and his authorization of the release of information about the disposition of the complaint and the commission in turn must notify the complainant of this waiver and authorization of release prior to any public disclosure of this information./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. KIRSH objected to the Bill.
Rep. HARRISON continued speaking.
The amendment was then adopted.
Rep. HARRISON explained the Bill.
Rep. LOFTIS moved to adjourn debate upon the Bill until Thursday, April 16, which was adopted.
The following Bill was taken up.
H. 4933 -- Reps. Townsend, Byrd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-126 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO GRANT A WAIVER TO CERTAIN SCHOOL DISTRICTS WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9828SD.98).
Amend the bill, as and if amended, by striking Section 59-25-126 as contained in SECTION 1 and inserting:
/"Section 59-25-126. If a school district is not able to employ a sufficient number of foreign language teachers for its elementary or secondary foreign language programs, the State Board of Education is authorized to grant a waiver to that school district which shall permit it to employ foreign nationals to teach their native or acquired language in the schools of the district for a period not exceeding three years.
These foreign nationals so employed must have appropriate work clearances from the federal Immigration and Naturalization Service to enter and work in the United States and must meet all requirements for South Carolina teacher certification prior to employment except that they are not required to be United States citizens or meet the requirements of Section 59-25-120 with regard to the United States Constitution.
The State Department of Education shall promulgate regulations for the implementation of this section."/
Amend title to conform.
Rep. WALKER explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 16, which was adopted.
The following Bill was taken up.
S. 443 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15558MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-37-90 of the 1976 Code is amended to read:
"Section 12-37-90. All counties shall have a full-time assessor, whose responsibility is appraising and listing all real property, whether exempted or not, except real property required by law to be assessed by the commission and property owned by the federal government, state government, county government, or any of its political subdivisions and which is exempt from property taxation. If the assessor discovers that any real property required by law to be assessed by the commission has been omitted, he shall notify the commission that such the property has been omitted and the commission shall be is required to appraise and assess the omitted property.
The assessor shall be is responsible for the operations of his office and shall:
(a) maintain a continuous record of recorded deed sales transactions, building permits, tax maps, and other records necessary for a continuing reassessment program;
(b) diligently search for and discover all real property not previously returned by the owners or their agents thereof or not listed for taxation by the county auditor, and list such property for taxation in the name of the owner or person to whom it is taxable;
(c) when values change, reappraise and reassess any or all real property so as to reflect its proper valuation in light of changed conditions, except for exempt property and real property required by law to be appraised and assessed by the commission, and furnish a list of these assessments to the county auditor;
(d) determine assessments and reassessments of real property in such a manner that the ratio of assessed value to fair market value shall be is uniform throughout the county;
(e) appear as necessary before any an appellate board to give testimony and present evidence as to the justification of any an appraisal;
(f) have the right of appeal from any a disapproval of or modification of any an appraisal made by him;
(g) perform such other duties relating to the office of tax assessor as may be required by the laws of the this State;
(h) be the sole person responsible for the valuation of real property, except that required by law to be appraised and assessed by the commission, and the values set by the assessor shall may be altered only by the assessor or by legally constituted appellate boards, the commission, or the courts.;
(i) have the right to enter and examine all new nonresidential buildings and structures and those portions of an existing nonresidential building or structure covered by a building permit for renovations or additions.
SECTION 2. This act takes effect upon approval by the Governor."/
Amend title to conform.
Rep. McKAY 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. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1873MM.98), which was adopted. Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-425. A registration of watercraft may not be renewed pursuant to this chapter if the department has notice that property taxes are owed on the watercraft. If renewal of registration has been denied pursuant to this section, a tax receipt from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid."
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. McKAY 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. 4854 -- Reps. Boan and R. Smith: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-45-420 SO AS TO ALLOW A COUNTY TREASURER TO WAIVE OR REDUCE TAX PENALTIES, BUT NOT INTEREST; BY ADDING SECTION 12-49-85 SO AS TO PROVIDE A PROCEDURE FOR REMOVAL OF UNCOLLECTIBLE AD VALOREM PROPERTY TAXES FROM THE PROPERTY TAX LIST; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXATION, SO AS TO DELETE THE LIMIT ON THE REASSESSMENT MILLAGE RATE FOR REAL AND PERSONAL PROPERTY; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXATION, SO AS TO REQUIRE THE RECORDING OF A CONTRACT OF SALE WHEN THE FOUR PERCENT ASSESSMENT RATE ON A LEGAL RESIDENCE IS CLAIMED PURSUANT TO A CONTRACT OF SALE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENT OF TAXES AND FEES, SO AS TO ESTABLISH THAT PROPERTY TAX ASSESSMENT OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-60-2520, RELATING TO A TAXPAYER'S WRITTEN REQUEST TO MEET WITH THE ASSESSOR, SO AS TO REQUIRE CORRECTION OF THE ASSESSMENT UPON DETERMINATION THAT TAXPAYER'S WRITTEN REQUEST IS MERITORIOUS; TO AMEND SECTION 12-60-2550, RELATING TO APPEAL OF AN ASSESSMENT, SO AS TO ESTABLISH AN INTEREST RATE OF ONE-HALF OF ONE PERCENT EACH MONTH TO BE COLLECTED IN SPECIFIED CIRCUMSTANCES; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO A TAXPAYER'S REQUEST TO MEET WITH THE AUDITOR, SO AS TO FURTHER PROVIDE FOR WHEN THE OBJECTION TO THE TAX AND A REQUEST FOR A MEETING WITH THE AUDITOR MUST BE MADE; AND TO REPEAL SECTION 12-43-225 RELATING TO APPLICATIONS FOR SPECIAL ASSESSMENT RATIOS AND SECTION 12-49-80 RELATING TO COLLECTION OF BACK TAXES BY THE STATE WITHIN TEN YEARS OF THEIR DUE DATE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4886MM.98), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Amend further, Section 12-60-2910(A)(2), SECTION 8, page 5, line 13, by inserting after /be/ on line 13 / timely /.
When amended the item reads:
/ (2) last day the tax levied upon the assessment may be timely paid./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Ways and Means Committee proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1874MM.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-717. Notwithstanding any other provision of law, when a certificate of occupancy or other evidence of completion is issued on new construction designated for owner-occupied legal residential use, the use and value of the property which is the subject of the certificate are considered to have changed effective on the date the certificate is issued. The property tax on the property for the tax year the certificate is issued must be prorated using the value and owner-occupied legal residential use of the property for each part of the year."
B. Section 12-37-717 takes effect upon approval by the Governor for tax years beginning after December 31, 1999./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1889HTC.98).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 12-43-220(c)(2)(i) of the 1976 Code, as last amended by Section 24, Act 431 of 1996, is further amended to read:
"(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during on or before December thirty-first preceding the applicable tax year for which the assessment ratio is first claimed and remain in that status at the time of filing the application required by this item."/
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. HARRELL spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. HARRELL having the floor.
Rep. BOAN moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4804 -- Rep. Jennings: 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, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. CROMER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5042 -- Reps. McMaster, Cotty, Harrison, Stoddard, Hinson, Littlejohn, Mason, Barfield, Sharpe, Neilson, Whatley, McLeod, Beck, R. Smith, Vaughn, Bailey, Rodgers, Rhoad, Moody-Lawrence, Kelley, Phillips, Breeland, Boan, Emory, J. Hines, McCraw, Hamilton, Wilkes, Mack, Gamble, Kirsh, Dantzler and Gourdine: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED LEADERS, MAJOR GENERAL ROBERT BAILEY SOLOMON, U.S. ARMY RETIRED, AND FORMER COMMANDER OF FORT JACKSON.
H. 5046 -- Reps. Harvin, Kennedy and Koon: A CONCURRENT RESOLUTION TO CONGRATULATE MR. STANLEY DONEN, A NATIVE OF SOUTH CAROLINA, UPON HIS RECEIPT OF A LIFETIME ACHIEVEMENT OSCAR AT THE 1998 ACADEMY AWARDS.
At 1:20 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of John Bailey of Blacksburg, to meet at 10:00 A.M. tomorrow.
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