Corrected--Not Reprinted 5/30/97
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, our times may not be quite as tough as Ezekiel's, but his words lift our spirits. Listen, Ezekiel, Chapter 3 (vv. 1-3):
"And He said to me,' Son of man, eat
what is offered to you; EAT THIS SCROLL, and
go, speak to the house of Israel.' So I
opened my mouth, and he gave me the scroll
to eat. And He said to me, 'Son of man, eat
this scroll that I give you and fill your
stomach with it.' Then I ate it; and it was in
my mouth as sweet as honey."
Let us pray.
Lord, You gave Ezekiel hard tasks, like eating a papyrus scroll filled with hard words, a difficult task. But when he ate the scroll, fulfilling his duty, it was "in his mouth as sweet as honey."
Help us to interpret those words as the certainty of pure satisfaction for doing well our difficult tasks.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 20, 1997
Mr. President and Members of the Senate:
Due to the resignation of the nominee, I respectfully request withdrawal from your consideration the appointment shown below.
Respectfully,
David M. Beasley
Initial Appointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:
1st Congressional District:
Mr. Fred L. Sumpter, 914 North Merriman Road, Georgetown, S.C. 29440 VICE Leah F. Chase (moved to At-Large position)
The Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Senator RANKIN introduced Dr. Richard Schmitt of Myrtle Beach, S.C., Doctor of the Day.
On motion of Senator WASHINGTON, at 11:00 A.M., Senator JACKSON was granted a leave of absence for today and Thursday.
At 12:40 P.M., Senator ROSE requested a leave of absence beginning at 1:00 P.M.
On motion of Senator LEVENTIS, Senators McCONNELL, MOORE and SALEEBY were granted leave to attend a meeting of the Judicial Screening Committee and were to be counted in any quorum calls and be notified of any votes taken.
Senator PASSAILAIGUE rose to a Point of Personal Privilege.
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar.
S. 269 -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
The House returned the Bill with amendments.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator SETZLER proposed the following amendment (269R001.NGS), which was adopted:
Amend the bill, as and if amended, page 17, line 31, by adding after the word / cosmetologist / but before the / . / the following:
/ and after successfully completing an examination which has been prepared and conducted by the board. This examination is to include a basic tapered hair cut/
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 712 -- Senator Bryan: A BILL TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator BRYAN proposed the following amendment (712R002.JEB), which was adopted:
Amend the bill, as and if amended, page 2, after line 15, by inserting the following:
/The Greenville County Election Commission shall conduct all elections for members of the board. The county governing body shall provide maps delineating the district area to the county board of registration./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following were introduced:
S. 772 -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSCURE REFERENCES.
Read the first time and referred to the Committee on Judiciary.
S. 773 -- Senator Courson: A SENATE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE SENATE CHAMBER ON THURSDAY, NOVEMBER 6, 1997, AND FRIDAY, NOVEMBER 7, 1997, FOR ITS ANNUAL MEETING.
Introduced and referred to the Committee on Invitations.
S. 774 -- Senator Washington: A CONCURRENT RESOLUTION TO REQUST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SUN CITY THIS EXIT" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR THE INTERSECTION WITH HIGHWAY 278 IN JASPER COUNTY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 775 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE HAZEL S. PARSON-STARKES FOR SEVENTEEN YEARS OF LOYAL PUBLIC SERVICE AS THE MAYOR OF RIDGEVILLE, AND TO WISH HER MUCH SUCCESS IN HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 776 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY, CLASSMATES, AND FRIENDS OF KENDRIC S. CHILDS OF GREENWOOD WHO DIED ON MAY 18, 1997, AS A RESULT OF A TRAGIC AUTOMOBILE ACCIDENT.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3857 -- Rep. Felder: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL ABUSE AND NEGLECT, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO INVESTIGATE SUCH ABUSE AND NEGLECT, TO PROVIDE THE DEPARTMENT WITH THE POWERS PROVIDED FOR INVESTIGATION OF ABUSE AND EXPLOITATION OF VULNERABLE ADULTS, AND TO REMOVE FROM THE OMBUDSMAN IN THE OFFICE OF THE GOVERNOR AND ASSIGN TO THE DEPARTMENT THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT OCCURRING IN HEALTH FACILITIES LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.
Read the first time and referred to the Committee on Judiciary.
H. 3917 -- Rep. Klauber: A BILL TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS, SHARES AND DISTRIBUTIONS, AND SHARE OPTIONS, SO AS TO ADD PROVISIONS PROVIDING THAT IN THE CASE OF A PUBLIC CORPORATION THE TERMS AND CONDITIONS OF CERTAIN RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION.
Read the first time and referred to the Committee on Judiciary.
H. 3966 -- Reps. Trotter, Breeland, Chellis, Meacham, Hinson, Riser, Sandifer, Cooper, F. Smith, Barrett, McMahand, Webb, Stille, Fleming, Robinson, Law, Dantzler, Cato, Leach, Loftis, Kelley, Townsend, Kirsh, Lanford, Edge and Witherspoon: A BILL TO AMEND SECTIONS 58-35-40, 58-35-60, 58-35-80, AND 58-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO MAKE CERTAIN TECHNICAL CHANGES, REVISE A NOTICE OF INTENT TO EXCAVATE OR DEMOLISH THAT MUST BE SERVED, TO REVISE THE DEFINITION OF "THE APPROXIMATE LOCATION OF UNDERGROUND UTILITIES", AND TO PROVIDE A LIABILITY PROVISION FOR A PERSON WHO DAMAGES AN UNDERGROUND UTILITY BELONGING TO AN OPERATOR WHO IS NOT A MEMBER OF CERTAIN ASSOCIATIONS FOR MUTUAL RECEIPT OF NOTICE.
Read the first time and referred to the Committee on Judiciary.
H. 3971 -- Reps. Campsen, Woodrum, Young, Klauber, Altman and Harrison: A BILL TO AMEND SECTION 62-1-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF THE PROBATE CODE, SO AS TO CLARIFY THAT SUBSTANTIVE RIGHTS IN AN ESTATE ARE DETERMINED BY THE LAW IN EFFECT AT THE DATE OF DEATH; TO AMEND SECTION 62-1-201, RELATING TO THE DEFINITION OF "MINOR", SO AS TO EXCLUDE THOSE PERSONS UNDER THE AGE OF EIGHTEEN WHO ARE EITHER MARRIED OR EMANCIPATED; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THE PROBATE COURT EXCLUSIVE ORIGINAL JURISDICTION OVER ACCOUNTS AND DISPUTES ARISING UNDER THE UNIFORM GIFTS TO MINORS ACT; TO AMEND SECTION 62-1-308, AS AMENDED, RELATING TO APPEALS, SO AS TO PROVIDE FOR ALLOWING PARTIES NOT IN DEFAULT TO APPEAL DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT; TO AMEND SECTION 62-1-403, RELATING TO THE REPRESENTATIVE CAPACITY OF PARENTS, SO AS TO ADD "UNBORN CHILD"; TO AMEND SECTION 62-2-109, AS AMENDED, RELATING TO THE MEANING OF "CHILD", SO AS TO CLARIFY WHEN AND HOW PATERNITY MAY BE ESTABLISHED; TO AMEND SECTION 62-2-302, AS AMENDED, RELATING TO PRETERMITTED CHILDREN, SO AS TO SUBSTITUTE "SPOUSE" FOR "PARENT OF THE OMITTED CHILD"; TO AMEND SECTION 62-2-501, RELATING TO WHO MAY MAKE A WILL, SO AS TO PROHIBIT MINORS, AS DEFINED IN SECTION 62-1-201 FROM MAKING A WILL; TO AMEND SECTION 62-2-802, RELATING TO THE DEFINITION OF "SURVIVING SPOUSE", SO AS TO NOT INCLUDE A COMMON LAW SPOUSE UNLESS HE OR SHE HAS BEEN ESTABLISHED AS SUCH BY AN ADJUDICATION COMMENCED WITHIN A SPECIFIED PERIOD; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECTS OF HOMICIDE ON INTESTATE SUCCESSION, SO AS TO PROVIDE THAT A KILLER WHO DIES WITHIN ONE HUNDRED AND TWENTY HOURS OF THE DECEDENT IS CONSIDERED TO HAVE PREDECEASED THE DECEDENT; TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO THE PRIORITY AMONG PERSONS SEEKING APPOINTMENT AS A PERSONAL REPRESENTATIVE, SO AS TO REALIGN LANGUAGE CONVEYING THE PRIORITY OF A NOMINATOR TO THE NOMINEE WITH THE QUALIFICATION THAT PERSONS NOMINATED BY THE DECEDENT SHALL HAVE THE HIGHEST PRIORITY; TO AMEND SECTION 62-3-603, AS AMENDED, RELATING TO BOND REQUIRED OF PERSONAL REPRESENTATIVES, SO AS TO CLARIFY WHEN BOND IS REQUIRED; TO AMEND SECTION 62-3-610, RELATING TO THE TERMINATION OF APPOINTMENT OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THE PROCESS FOR RESIGNATION OF A PERSONAL REPRESENTATIVE; TO AMEND SECTION 62-3-614, RELATING TO THE APPOINTMENT OF A SPECIAL ADMINISTRATOR, SO AS TO PROVIDE FOR INFORMAL APPOINTMENT UPON THE APPLICATION OF A CREDITOR OF THE DECEDENT'S ESTATE; TO AMEND SECTION 62-3-719, AS AMENDED, RELATING TO THE COMPENSATION OF A PERSONAL REPRESENTATIVE, SO AS TO CLARIFY THAT COMPENSATION IS BASED UPON THE VALUE OF THE PROBATE ESTATE; TO AMEND SECTION 62-3-914, AS AMENDED, RELATING TO THE DISPOSITION OF UNCLAIMED ASSETS, SO AS TO DELETE THE TIME REQUIREMENT FOR FIRST NOTICE AND TO PROVIDE THAT UNCLAIMED DEVISES OF ONE HUNDRED DOLLARS OR LESS MAY BE TRANSFERRED TO THE SOUTH CAROLINA STATE TREASURER; TO AMEND SECTION 62-3-1001, RELATING TO PETITION FOR SETTLEMENT, SO AS TO CLARIFY THAT THE PROPOSAL FOR DISTRIBUTION PERTAINS ONLY TO ASSETS NOT YET DISTRIBUTED; TO AMEND SECTION 62-3-1101, RELATING TO THE EFFECT OF APPROVAL OF AGREEMENTS INVOLVING TRUSTS, INALIENABLE INTERESTS, OR INTERESTS OF THIRD PERSONS, SO AS TO CLARIFY THAT SETTLEMENTS PURSUANT TO THIS SECTION NEED NOT COMPLY WITH SECTION 62-5-433; TO AMEND SECTION 62-5-103, AS AMENDED, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO CLARIFY FOR WHAT PURPOSES SUMS RECEIVED ON BEHALF OF THE MINOR OR INCAPACITATED PERSON MAY BE USED; TO AMEND SECTION 62-5-104, RELATING TO THE DELEGATION OF A GUARDIAN'S POWERS, SO AS TO PROVIDE FOR THE POWERS TO BE DELEGATED TO ANOTHER PERSON FOR A PERIOD NOT TO EXCEED THIRTY DAYS; TO AMEND SECTION 62-5-310, AS AMENDED, RELATING TO TEMPORARY GUARDIANS, SO AS TO REQUIRE A HEARING TO REVIEW THE APPOINTMENT OF A TEMPORARY GUARDIAN WITHIN THIRTY DAYS OF THAT APPOINTMENT; TO AMEND SECTION 62-5-405, RELATING TO NOTICE OF APPOINTMENT OF A CONSERVATOR, SO AS TO REQUIRE THAT ONLY THE PERSON TO BE PROTECTED BE SERVED PERSONALLY WITH NOTICE AT LEAST TWENTY DAYS BEFORE THE HEARING; TO AMEND SECTION 62-5-424, RELATING TO THE POWERS OF THE CONSERVATOR, SO AS TO PROVIDE FOR LIMITED POWERS OF THE CONSERVATOR TO THOSE SET FORTH IN THE SECTION AND TO PROVIDE THAT A CONSERVATOR, WITH COURT APPROVAL, MAY ENCUMBER ASSETS FOR PERIODS WITHIN OR BEYOND HIS TERM OF CONSERVATORSHIP; TO AMEND SECTION 62-5-425, RELATING TO DISTRIBUTIVE DUTIES AND POWERS OF THE CONSERVATOR, SO AS TO CLARIFY THAT ONLY MAJORITY OR EMANCIPATION RESULTING FROM A PROCEEDING BEGUN PRIOR TO THE BEGINNING OF THE CONSERVATORSHIP, AND NOT MARRIAGE, END A CONSERVATORSHIP; TO AMEND SECTION 62-5-428, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO PROVIDE THAT ANY CLAIM DENIED BY THE CONSERVATOR REMAINS BARRED UNLESS THE CLAIMANT FILES A PETITION WITH THE COURT WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE OF THE DISALLOWANCE; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO POWERS OF ATTORNEY NOT AFFECTED BY DISABILITY, SO AS TO DELETE THE COURT'S REQUIREMENT OF AN INVENTORY AND A SURETY BOND; TO AMEND SECTION 62-7-705, AS AMENDED, RELATING TO THE RESIGNATION OF A TRUSTEE, SO AS TO PROVIDE FOR RESIGNATION ONLY UPON SPECIFIED CONDITIONS; TO AMEND SECTION 20-1-550, RELATING TO SERVICE UPON A NONRESIDENT OR ABSENT DEFENDANT IN AN ACTION TO ANNUL A MARRIAGE, SO AS TO ELIMINATE THE DUTY OF THE PLAINTIFF TO FORWARD NOTICE TO THE PROBATE COURT; TO AMEND SECTION 20-7-150, RELATING TO DEFINITIONS UNDER THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CLARIFY THE DEFINITIONS OF "COURT" AND "MINOR"; AND TO REPEAL SECTION 14-23-650, RELATING TO THE DESCRIPTION OF DEVISED LANDS.
Read the first time and referred to the Committee on Judiciary.
H. 4111 -- Reps. H. Brown, Limehouse, Seithel, Harrell, Woodrum, Limbaugh, Jennings, J. Hines, Wilkins, Felder, Young, M. Hines and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE TO BE CONSTRUCTED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND STATE ROAD 83 IN FLORENCE COUNTY TO PROVIDE ACCESS TO HONDA CORPORATION'S SOUTH CAROLINA FACILITY IN HONOR OF WOODROW MAXIE "WOODY" MCKAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE REFLECTING THIS DESIGNATION.
Introduced and referred to the Committee on Transportation.
H. 4156 -- Rep. Littlejohn: A BILL TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4170 -- Rep. Wilkes: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAIRFIELD CENTRAL HIGH SCHOOL "GRIFFINS" FOOTBALL TEAM FOR THEIR EXCEPTIONAL SEASON AND ON WINNING THE 1996 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4173 -- Rep. Bauer: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHAPIN HIGH SCHOOL "EAGLES" BOYS WRESTLING TEAM ON WINNING THE 1996-97 CLASS AA STATE WRESTLING CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4175 -- Rep. Bowers: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PATRICK HENRY ACADEMY "LADY PATRIOTS" SOFTBALL TEAM FOR AN OUTSTANDING SEASON BY WINNING THE 1997 AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE SOFTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4177 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE RICHARD WINN ACADEMY "EAGLES" FOOTBALL TEAM FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1996 CLASS AA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION STATE FOOTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4178 -- Rep. Bauer: A CONCURRENT RESOLUTION COMMENDING AND EXPRESSING APPRECIATION TO REBECCA M. TENNY FOR TWENTY-SIX YEARS OF OUTSTANDING AND DEDICATED SERVICE AS ASSISTANT PRINCIPAL OF H. E. CORLEY ELEMENTARY SCHOOL AND AS EDUCATOR TO THE STUDENTS OF DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4179 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING PLEASANT GROVE BAPTIST CHURCH OF MARION COUNTY ON ITS TWO HUNDRED FIRST FISCAL ANNIVERSARY AND COMMENDING THE CHURCH FOR ITS PERSEVERANCE IN THE FACE OF ADVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4181 -- Reps. Neilson, J. Hines and Baxley: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ERSKINE "KINGFISH OF THE PEE DEE" GRIGGS OF DARLINGTON COUNTY ON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM AND HIS WIFE, JOANNE, WELL IN ALL THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4182 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE PASTORS AND CHURCH MINISTERS IN CLARENDON COUNTY FOR ESTABLISHING THE CLARENDON COUNTY INTERDENOMINATIONAL MINISTERIAL ALLIANCE AND WISHING THEM SUCCESS IN THEIR ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4183 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE KIMBERLY CLARK CORPORATION ON THE ONE HUNDRED TWENTY-FIFTH ANNIVERSARY OF ITS FOUNDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE GENEROUS GRANT FROM THE KIMBERLY CLARK FOUNDATION FOR CONSTRUCTION OF A CHILDREN'S PARK IN BURNETTOWN IN AIKEN COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4184 -- Reps. Wilkins, Haskins, Harrison, J. Brown, H. Brown, Townsend, Sharpe and Cato: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 5, 1997, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 17, 1997, AND TO CONTINUE IF NECESSARY UNTIL WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 18, 1997, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 5, 1997, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 5, 1997, to adjourn not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 17, 1997, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Wednesday, June 18, 1997, for consideration of the following matters:
(1) a joint session of the General Assembly to be held at 12:00 noon on Tuesday, June 17, 1997, for the purpose of an election to fill judicial positions;
(2) gubernatorial vetoes;
(3) consideration and confirmation of appointments;
(4) ratification of acts;
(5) local legislation which has the unanimous consent of the affected delegation;
(6) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments; and
(7) resolutions expressing sympathy or congratulations.
(B) When each house adjourns not later than 5:00 p.m. on Wednesday, June 18, 1997, the General Assembly shall stand adjourned sine die.
(C) Each house may also provide for local session days during the period between June 5, 1997, and June 17, 1997, for consideration of local legislation which has the unanimous consent of the affected delegation.
Introduced and referred to the Chairmen's Committee.
H. 4185 -- Rep. Bauer: A CONCURRENT RESOLUTION TO COMMEND AND EXPRESS APPRECIATION TO JAMES C. LANE OF H. E. CORLEY ELEMENTARY SCHOOL FOR HIS OUTSTANDING AND DEDICATED SERVICE AS PRINCIPAL OF H. E. CORLEY ELEMENTARY SCHOOL AND AS AN EDUCATOR TO THE STUDENTS OF DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES AS WELL AS THE CHILDREN OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was introduced and referred to the Chairman's Committee.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3059 -- Reps. Inabinett, Altman, Lloyd and Moody-Lawrence: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCLUDE SEAFOOD PROCESSING FACILITIES WITHIN THE CLASSIFICATION OF AGRICULTURAL REAL PROPERTY.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3240 -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3419 -- Reps. Cobb-Hunter, R. Smith, Harrell, Kennedy and Harvin: A BILL TO AMEND SECTIONS 59-127-310, 59-127-320, 59-127-400, 59-127-440, AND 59-127-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OBLIGATION BONDS OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO DEFINE "NET ATHLETIC REVENUES" AND ADD THESE REVENUES TO THOSE REVENUE SERVICES PREVIOUSLY AVAILABLE FOR DEBT SERVICE ON THESE BONDS, TO REMOVE THE THREE MILLION DOLLAR OUTSTANDING DEBT LIMIT FOR THESE BONDS, TO AUTHORIZE BOND PROCEEDS TO BE USED FOR ACQUIRING, CONSTRUCTING, RECONSTRUCTING, RENOVATING, OR EQUIPPING ATHLETIC FACILITIES, AND TO REFUND PREVIOUSLY ISSUED BONDS, AND TO DELETE PROVISIONS RELATING TO ADVERTISING OF ISSUES.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
H. 3461 -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3528 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS OR ITS DESIGNEE RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3548 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MAY BE FILED ON MAGNETIC MEDIA.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3550 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3551 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3553 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3554 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3556 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3557 -- Reps. Wilkins and H. Brown: A BILL TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 3594 -- Reps. Chellis, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Boan, Bowers, H. Brown, J. Brown, T. Brown, Campsen, Cato, Cave, Cobb-Hunter, Cooper, Dantzler, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limbaugh, Limehouse, Lloyd, Loftis, Maddox, Martin, Mason, McCraw, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES, AUDITS, EVALUATIONS, AND REPORTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ANNUAL SCHOOL DISTRICT PROGRAMMATIC REPORTS TO THE PARENTS AND CONSTITUENTS OF THE DISTRICT MUST BE PROVIDED ON DECEMBER FIRST OF EACH YEAR RATHER THAN NOVEMBER FIFTEENTH.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3625 -- Rep. Harrell: A BILL TO AMEND SECTION 12-6-3420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE INCOME TAX CREDIT FOR CONSTRUCTION OF OR IMPROVEMENT TO AN INFRASTRUCTURE PROJECT, SO AS TO REDEFINE "INFRASTRUCTURE PROJECT", TO CLARIFY THE MEANING OF "QUALIFIED PRIVATE ENTITY", TO DEFINE "RELATED TAXPAYER", TO PROHIBIT A CLAIM FOR THE CREDIT BEFORE DEDICATION OR CONVEYANCE OF THE PROJECT, TO PROVIDE FOR PAYMENT OF TAX DUE ON A ROAD THAT IS LATER REMOVED FROM THE INFRASTRUCTURE PROJECT, AND TO DELETE ALLOWANCE OF THE TAX CREDIT TO CORPORATIONS ON A CONSOLIDATED BASIS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3626 -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3628 -- Reps. Kelley, Harrison, Davenport, Allison, Keegan and Hodges: A BILL TO AMEND CHAPTER 25, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION BY ADDING ARTICLE 5 SO AS TO REQUIRE THAT THE NAME OF A DEFENDANT CONVICTED FOR AN OFFENSE BASED ON CHILD SEXUAL OR PHYSICAL ABUSE BE ENTERED IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT MAINTAINED BY THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE PROCEDURES FOR ENTERING THE NAME OF A PERPETRATOR IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO CHILD ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO REQUIRE THE NAME OF A PERPETRATOR OF SUCH ABUSE OR NEGLECT IMMEDIATELY TO BE ENTERED ON THE CENTRAL REGISTRY UPON A FINDING OF THE ABUSE OR NEGLECT AND TO PROVIDE NOTICE REQUIREMENTS AND PROCEDURES FOR APPEAL; AND TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROCEDURES FOR MAINTAINING INFORMATION ON THE REGISTRY.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3637 -- Reps. R. Smith, Mason, Sharpe, Clyburn, Beck, Felder, Kelley and Spearman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3669 -- Reps. R. Smith, Wilkins, Boan, Harrell, Cobb-Hunter, Harvin, Webb, Jennings, Riser, Sharpe, Cromer, Felder, Cato, H. Brown and Witherspoon: A BILL TO AMEND CHAPTER 119, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 9, PROVIDING FOR CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3802 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3819 -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3850 -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 3859 -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: A BILL TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:
H. 4026 -- Rep. H. Brown: A BILL TO AMEND CHAPTER 35, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, TO PROVIDE GENERAL PROVISIONS APPLICABLE TO THE CONSOLIDATED PROCUREMENT CODE, TO PROVIDE FOR WRITTEN DETERMINATIONS AND FINDINGS REQUIRED BY THIS CODE, TO PROVIDE FOR DEFINITIONS OF TERMS USED IN THIS CODE, TO PROVIDE FOR PUBLIC ACCESS TO PROCUREMENT INFORMATION, TO PROVIDE FOR REPORTING THE PURCHASE OF FURNITURE AND CERTAIN OTHER PURCHASES, TO PROVIDE FOR PROCUREMENT ORGANIZATION AND FOR EXCEPTIONS, TO PROVIDE FOR THE CREATION OF OFFICES AND FOR THE RESPONSIBILITY AND AUTHORITY OF THOSE OFFICES UNDER THIS CODE, TO PROVIDE FOR ADVISOR COMMITTEES AND TRAINING, TO PROVIDE FOR AUDITING AND FISCAL REPORTING, TO PROVIDE FOR SOURCE SELECTION, CONTRACTS AND AUDITS, TO PROVIDE FOR METHODS OF SOURCE SELECTION, TO PROVIDE FOR CANCELLATION OF SOLICITATIONS, TO PROVIDE FOR TYPES AND FORMS OF CONTRACTS, TO PROVIDE FOR INSPECTION OF PLANTS AND PLACES OF BUSINESS AND AUDIT OF RECORDS, TO PROVIDE FOR DETERMINATIONS AND REPORTS IN CONNECTION WITH COMPETITIVE SEALED BIDDING, CORRECTION OR WITHDRAWAL OF BIDS, AND CANCELLATION OF AWARDS, TO PROVIDE FOR REGULATION OF SPECIFICATIONS, TO PROVIDE FOR CONSTRUCTION, ARCHITECT-ENGINEER, CONSTRUCTION MANAGEMENT AND LAND SURVEYING SERVICES, TO PROVIDE FOR INDEFINITE DELIVERY CONTRACTS, AND FOR MODIFICATIONS AND TERMINATION OF CONTRACTS FOR SUPPLIES AND SERVICES, TO PROVIDE FOR COST PRINCIPLES, SUPPLY MANAGEMENT, WAREHOUSES AND INVENTORY, TO PROVIDE FOR THE REGULATION OF SALE, LEASE, TRANSFER, AND DISPOSAL OF SURPLUS SUPPLIES AND OTHER PROPERTY, TO PROVIDE FOR CERTAIN LEGAL AND CONTRACTUAL REMEDIES, THE ADMINISTRATIVE RESOLUTION OF CONTROVERSIES, AND FOR THE SOUTH CAROLINA PROCUREMENT REVIEW PANEL, TO PROVIDE FOR INTERGOVERNMENTAL RELATIONS AND FOR COOPERATIVE PURCHASING, AND TO PROVIDE FOR CERTIFICATION AND ASSISTANCE TO MINORITY BUSINESSES; TO ADD SECTION 1-11-55 SO AS TO PROVIDE FOR LEASING OF REAL PROPERTY, TO ADD SECTION 1-11-56 SO AS TO PROVIDE FOR BUDGET AND CONTROL BOARD MANAGEMENT OF STATE AGENCY LEASING OF SPACE, TO ADD SECTION 1-11-57 SO AS TO PROVIDE FOR THE EXCHANGE OF TITLE TO REAL PROPERTY BY GOVERNMENTAL BODIES OTHER THAN POLITICAL SUBDIVISIONS, AND TO ADD SECTION 1-11-58 SO AS TO PROVIDE FOR INVENTORY AND ANNUAL REPORTS OF ALL RESIDENTIAL PROPERTY OWNED BY STATE AGENCIES, AND TO REPEAL SECTIONS 1-1-1110 AND 1-11-35 RELATING TO CERTAIN PROCUREMENT AND INVENTORY PROVISIONS.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 4048 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REPEAL OF OBSOLETE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
H. 4054 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 4151 -- Rep. Cooper: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.
The House returned the Concurrent Resolution with amendments.
On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 771 -- Senators Bryan and J. Verne Smith: A CONCURRENT RESOLUTION TO HONOR AND COMMEND JOE B. MEDLOCK OF LAURENS COUNTY UPON THE OCCASION OF HIS RETIREMENT AS COURT BAILIFF AND AS A MEMBER OF THE LAURENS COUNTY REGISTRATION AND ELECTION COMMISSION AND WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
Columbia, S.C., May 21, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 692 -- Senators Courtney, Elliott, Reese, and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 28, 1997, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRES AUGUST 31, 1997.
Very respectfully,
Speaker of the House
On motion of Senator DRUMMOND, the Senate insisted upon its amendments to S. 692 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LEVENTIS, PATTERSON and MARTIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 20, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 483 -- Senators Fair and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-635 SO AS TO PROVIDE THAT A PERSON ASSAULTING AN EMERGENCY MEDICAL SERVICE WORKER OR A FIREMAN PERFORMING HIS PROFESSIONAL DUTIES IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES.
asks for a Committee of Conference, and has appointed Reps. Cromer, Scott and Lanford of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, FAIR and RANKIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 21, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Rhoad, Limehouse and Witherspoon of the Committee of Conference on the part of the House on:
H. 3065 -- Reps. Limehouse, Baxley, Seithel, Altman, Whatley, Vaughn, Simrill, Harrell and Hinson: A BILL TO AMEND SECTION 50-11-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL MOLESTING OR KILLING OF BIRDS OF PREY, SO AS TO INCREASE THE PENALTIES FOR VIOLATION IF THE BIRD OF PREY IS A BALD EAGLE, AND PROVIDE THAT THE PERSON CONVICTED SHALL LOSE HIS HUNTING LICENSE AND BE PROHIBITED FROM HUNTING IN THIS STATE FOR A PERIOD OF FIFTEEN YEARS IF THE BALD EAGLE WAS KILLED AND FOR A PERIOD OF FIVE YEARS IF THE BALD EAGLE WAS MOLESTED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 20, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3400 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND FOR OTHER PURPOSES; (ABBREVIATED TITLE)
asks for a Committee of Conference, and has appointed Reps. H. Brown, Quinn and Harrell of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND and GIESE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 20, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3402 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
asks for a Committee of Conference, and has appointed Reps. H. Brown, Quinn and Harrell of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators DRUMMOND, LAND and GIESE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 21, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
asks for a Committee of Conference, and has appointed Reps. H. Brown, Keegan and Boan of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, SMITH and PASSAILAIGUE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 21, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4151 -- Rep. Cooper: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997.
asks for a Committee of Conference, and has appointed Reps. Cooper, Haskins and Lee of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators LEVENTIS, PATTERSON and MARTIN of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3650 -- Reps. Felder, Harrison, Cotty, Young, Davenport and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-515 SO AS TO PROVIDE PROCEDURES FOR THE DEPARTMENT OF SOCIAL SERVICES ISSUING A NOTICE OF FINANCIAL RESPONSIBILITY TO PERSONS OWING CHILD SUPPORT; TO AMEND SECTION 12-6-3470, AS AMENDED, RELATING TO THE EMPLOYER TAX CREDIT FOR EMPLOYING PERSONS WHO RECEIVED AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), SO AS TO CHANGE AFDC TO FAMILY INDEPENDENCE, TO REVISE HEALTH INSURANCE REQUIREMENTS TO OBTAIN THE TAX CREDIT AND TO REVISE PROCEDURES FOR EMPLOYERS OBTAINING INFORMATION ON THE AVAILABILITY OF POTENTIAL EMPLOYEES; TO AMEND SECTION 20-7-941, RELATING TO LICENSE REVOCATION FOR NONPAYMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "LICENSE" WITH REGARD TO HUNTING, FISHING, OR TRAPPING; TO AMEND SECTION 20-7-944, AS AMENDED, RELATING TO LICENSING ENTITIES WHICH MUST PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD SUPPORT ENFORCEMENT, SO AS TO REVISE THE FORM IN WHICH THIS INFORMATION MUST BE PROVIDED; TO AMEND SECTION 20-7-9520, AS AMENDED, RELATING TO SERVING A NOTICE OF FINANCIAL RESPONSIBILITY ON PERSONS OWING CHILD SUPPORT DEBTS, SO AS TO PROVIDE NOTICE FOR A RESCHEDULED OR SUBSEQUENT HEARING; TO AMEND SECTION 20-7-9530, AS AMENDED, RELATING TO PROCEDURES FOR FAILING TO APPEAR FOR A NEGOTIATION CONFERENCE CONCERNING A CHILD SUPPORT OBLIGATION, SO AS TO REQUIRE THE CONFERENCE TO BE RESCHEDULED IF THE PERSON DID NOT RECEIVE PROPER NOTICE; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, RELATING TO PUBLIC AID AND ASSISTANCE, SO AS TO, AMONG OTHER THINGS, CONFORM PROVISIONS TO THE FAMILY INDEPENDENCE ACT OF 1995, TO REVISE PROVISIONS TO ASSIST IMPLEMENTING THAT ACT AND TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 43-5-580, AS AMENDED, RELATING TO ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS, SO AS TO REVISE THE DEFINITION OF AN APPLICANT FOR FAMILY INDEPENDENCE BENEFITS; TO AMEND SECTION 43-5-1110, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO CHANGE THE TERM "AFDC" TO "FAMILY INDEPENDENCE"; TO AMEND SECTION 43-5-1120, RELATING TO EMPLOYMENT AND TRAINING PROGRAMS FOR FAMILY INDEPENDENCE APPLICANTS, SO AS TO PROVIDE THAT REFERRING CERTAIN APPLICANTS TO A JOB CLUB IS OPTIONAL RATHER THAN MANDATORY; TO AMEND SECTION 43-5-1135, RELATING TO STATE AGENCY GOALS TO EMPLOY WELFARE RECIPIENTS, SO AS TO CONFORM TERMS AND TO ESTABLISH ADDITIONAL GOALS; TO AMEND SECTION 43-5-1150, RELATING TO THE JOB TRAINING AND PARTNERSHIP ACT (JTPA) INCENTIVE FUNDS, SO AS TO ESTABLISH A GOAL OF FORTY PERCENT OF FAMILY INDEPENDENCE RECIPIENTS PARTICIPATING IN JTPA PROGRAMS; TO AMEND SECTION 43-5-1185, RELATING TO FAMILY SKILLS TRAINING PROGRAMS, SO AS TO MAKE PARTICIPATION IN THIS PROGRAM BASED ON NEED RATHER THAN REQUIRED AS A CONDITION OF ELIGIBILITY; TO AMEND SECTION 43-5-1190, RELATING TO AFDC ELIGIBILITY REQUIREMENTS, SO AS TO CONFORM TERM TO "FAMILY INDEPENDENCE" ELIGIBILITY; TO AMEND SECTION 43-5-1200, RELATING TO VEHICLE AND OTHER ASSET LIMITS FOR AFDC ELIGIBILITY, SO AS TO CONFORM TERMS AND EXEMPT ONE VEHICLE FROM THE ASSET LIMIT; TO REPEAL SECTION 43-1-130, RELATING TO THE FEDERAL WORK INCENTIVE PROGRAM; AND TO REPEAL SECTIONS 43-5-510, 43-5-520, 43-5-530, 43-5-540, 43-5-550, 43-5-560, 43-5-570, AND 43-5-640, ALL RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT.
Senator MARTIN explained the Bill.
The following Resolution was read the third time and ordered sent to the House of Representatives:
S. 751 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURTLE EXCLUDER DEVICES REQUIRED IN CHANNEL NETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 48 -- Senators Rose, McConnell and Mescher: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS IN DORCHESTER COUNTY, SO AS TO ESTABLISH A SINGLE COUNTYWIDE JURY AREA.
Senator ROSE asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ROSE proposed the following Amendment No. 1 (48R004.MTR), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1, and inserting in lieu thereof the following:
/SECTION 1. Section 22-2-190(18) of the 1976 Code is amended to read:
"Section 22-2-190(18). Dorchester County
Reevesville-Reevesville, Grover 1, Grover 3
George-Rosinville, St. George, Indian Field
St.Harleyville-Harleyville, Four Holes, Rosses
Ridgeville-Ridgeville, Givhans
Summerville-Saul Dam, Delemars, Old Fort, Ashley River, Dorchester, Carolina, Jedburg, Summerville 5, Knightville 4, Knightville 5
St. George - Four Hole, Grover, Harleyville, Indian Field, Reevesville, Rosinville, Rosses, St. George No. 1, St. George No. 2.
Summerville - Archdale, Ashborough East, Ashborough West, Ashley River, Beech Hill, Carolina, Clemson, Coastal, Delemars, Dorchester, Flowerton, German Town, Givhans, Greenhurst, Greenwave, Irongate, Knightsville, Newington, North Summerville, Ridgeville, Saul Dam, Spann, Stallsville, Tranquil, Trolley, Tupperway, Windsor.
If a precinct referenced herein is divided to form two or more precincts, or if two or more precincts from the same jury area are combined, the jury pool for the jury area shall include persons residing in the new precinct, notwithstanding the fact that the new precinct is not referenced herein.
If a new precinct is created from precincts in both jury areas, persons in the new precinct shall be included in the jury pool for the same jury area as the old precinct or precincts having the greatest proportion of population.
Criminal cases and traffic offenses shall be tried in the jury area where the offense was committed, notwithstanding the creation of any uniform court for the trial of certain offenses." /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
H. 4053 -- Ways and Means Committee: A BILL TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECOVERY FROM ESTATES OF CERTAIN INDIVIDUALS FOR MEDICAL ASSISTANCE, SO AS TO ESTABLISH CONDITIONS FOR UNDUE HARDSHIP UNDER WHICH SUCH RECOVERY MUST BE WAIVED UNTIL THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ESTABLISHES CRITERIA.
H. 3961 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator LAND, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
There was no objection.
H. 3945 -- Reps. Young-Brickell, Cato, Barrett, Woodrum, Seithel, Sandifer, Sheheen, H. Brown, Law, Meacham, Harrell, Chellis, Hamilton, Kinon, Sharpe, Bailey, Witherspoon, Hinson, Littlejohn, Keegan, Harrison and Haskins: A BILL TO AMEND SECTION 38-73-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MERIT RATING SYSTEM FOR WORKERS' COMPENSATION INSURANCE, SO AS TO REQUIRE THE INCLUSION OF A CREDIT OF AT LEAST FIVE PERCENT FOR AN INSURED WHO PARTICIPATES IN A PROGRAM DESIGNED TO PREVENT THE USE OF DRUGS ON THE JOB BY EMPLOYEES OF THE INSURED, PROVIDE FURTHER FOR THE CREDIT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ALLOW AND ORDER A CREDIT LESS THAN FIVE PERCENT WHEN THE CREDIT IS DETERMINED NOT TO BE ACTUARIALLY SOUND, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS AND THE CERTIFICATION OF AN EMPLOYER DRUG PREVENTION PROGRAM, AND PROVIDE FOR RANDOM TESTING PROCEDURES; TO ADD SECTION 41-1-15, SO AS TO PROVIDE FOR WORKPLACE PROCEDURES DESIGNED TO PREVENT DRUGS ON THE JOB; AND PROVIDE THAT WORKERS' COMPENSATION POLICIES ISSUED OR RENEWED ON AND AFTER OCTOBER 1, 1997, SHALL BE GRANTED PREMIUM REDUCTION OF NOT LESS THAN FIVE PERCENT.
Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD3945.001), which was adopted:
Amend the bill, as and if amended, page 3, line 31, in Section 41-1-15(B), as contained in SECTION 2, by striking /interview/ and inserting / interviews /.
Amend the bill further, as and if amended, beginning on page 3, line 42, in Section 41-1-15(C), as contained in SECTION 2, by striking line 42 through line 2 on page 4 and inserting therein the following:
/signed voluntarily by the employee tested or his designee unless the release is completed through disclosure by an agency of the State in a civil or administrative proceeding, order of a court of competent jurisdiction, or determination of a/
Amend the bill further, as and if amended, page 4, line 12, in Section 41-1-15(D), as contained in SECTION 2, by striking subsection (D) in its entirety and inserting therein the following:
/(D) Information on test results shall not be released for or used or admissible in any criminal proceeding against the employee."/
Amend title to conform.
The amendment was adopted.
Senator COURTNEY proposed the following amendment (KGH\15267JM.97), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/SECTION _____. Section 42-5-20 of the 1976 Code, as last amended by Act 459 of 1994, is further amended by adding:
"For purposes of meeting the 'similar in nature' requirement for inclusion in a self-insured workers' compensation fund as set forth in this section, all businesses in a particular subgrouping of the Standard Industrial Classification Code prepared by the United States Department of Commerce are deemed to be similar in nature. An application from a business for participation in a particular Standard Industrial Classification Code subgroup to a self-insured fund that has participants from that subgroup shall be deemed similar in nature to the other fund participants."/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3607 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991 AND THE STATE SOLID WASTE ADVISORY COUNCIL, SO AS TO, AMONG OTHER THINGS, INCREASE THE MEMBERSHIP OF THE COUNCIL, PROVIDE FOR VARIOUS TERMS OF OFFICE, AND DELETE THE PROVISION REGARDING EXPIRATION OF THE EXISTENCE OF THE COUNCIL; TO AMEND SECTION 44-96-100, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITH A REGULATION OR BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF OR REQUEST THE ATTORNEY GENERAL TO BRING CIVIL OR CRIMINAL ENFORCEMENT ACTION UNDER CERTAIN CIRCUMSTANCES, THAT THE DEPARTMENT MAY IMPOSE CERTAIN CIVIL PENALTIES, AND THAT WILFUL VIOLATION OF CERTAIN REGULATIONS IS A MISDEMEANOR; AND TO AMEND SECTIONS 44-96-400, 44-96-410, AND 44-96-420, RELATING TO THE SOLID WASTE POLICY AND MANAGEMENT ACT AND PROVISIONS GOVERNING WASTE MANAGEMENT, SO AS TO DELETE REFERENCE TO "ARTICLE" AND SUBSTITUTE "CHAPTER" THEREFOR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (PSD\7377AC.97), which was adopted:
Amend the bill, as and if amended, Section 44-96-60(C), page 2 by deletiing lines 6-23 and inserting:
/council shall consist of the following sixteen members:
(1) thirteen members appointed by the Governor which shall include one member to represent the Governor; one member to represent manufacturing interests; one member to represent the retail industry; two members to represent the solid waste disposal industry; one member to represent existing private recycling industry; two members to represent the general public; three members to represent county governments to be recommended by the South Carolina Association of Counties, one shall represent a county with a population of 50,000 or less, one shall represent a county with a population of more than 50,000 and up to 100,000, and the final county representative shall represent a county with a population over 100,000; and two members shall represent municipalities to be recommended by the South Carolina Municipal Association. County, regional, and municipal representatives who are elected officials shall serve ex-officio./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar.
H. 3103 -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.
H. 3112 -- Rep. Byrd: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION, TREATMENT, AND EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
H. 3379 -- Rep. Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM INDICATING HIMSELF AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.
H. 3801 -- Reps. Wilkins, F. Smith, Loftis, Haskins, Cato, Tripp, Hamilton, Vaughn, Easterday, McMahand, Rice and Leach: A BILL TO AMEND SECTION 9-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE PENSION FUND FOR MUNICIPAL FIREMEN, SO AS TO CHANGE THE COMPOSITION OF THE BOARD.
H. 3907 -- Rep. Cooper: A BILL TO PROVIDE THAT THE TERM OF OFFICE OF THE SCHOOL TRUSTEE OF ANDERSON COUNTY SCHOOL DISTRICT NUMBER ONE ELECTED FORM AREA 2 EXPIRES IN THE YEAR 2000, AT WHICH TIME A SUCCESSOR SHALL BE ELECTED IN THE MANNER PROVIDED BY LAW.
On motion on Senator O'DELL, H. 3907 was ordered to receive a third reading on Thursday, May 22, 1997.
H. 4055 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator WILSON explained the Resolution.
H. 4130 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE PERSONNEL COMPENSATION GUIDE AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4148 -- Reps. Boan and Hodges: A BILL TO DEVOLVE THE AUTHORITY TO LEVY TAXES FOR SCHOOL OPERATING EXPENSES FROM THE GOVERNING BODY OF LANCASTER COUNTY TO THE LANCASTER COUNTY SCHOOL DISTRICT, TO PROVIDE A LIMITATION, AND TO PROVIDE FOR A REFERENDUM TO EXCEED THE LIMITATION.
On motion of Senator GREGORY, H. 4148 was ordered to receive a third reading on Thursday, May 22, 1997.
S. 583 -- Senator Giese: A BILL TO AMEND SECTION 40-47-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELEVANT TO RESPIRATORY CARE, SO AS TO REVISE THE DEFINITIONS OF THE "PRACTICE OF RESPIRATORY CARE"; TO AMEND SECTION 40-47-530, RELATING TO EXEMPTIONS FROM RESPIRATORY CARE REGULATION, SO AS TO INCLUDE AS AN EXEMPTION EMPLOYEES OF DURABLE MEDICAL EQUIPMENT COMPANIES UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 40-47-520, 40-47-590, 40-47-600, AS AMENDED, 40-47-610, 40-47-620, 40-47-625, 40-47-630, AS AMENDED, 40-47-640, 40-47-650, 40-47-655, AS AMENDED, AND 40-47-660, AS AMENDED, ALL RELATING TO THE CERTIFICATION AND REGULATION OF RESPIRATORY CARE THERAPISTS, SO AS TO REQUIRE LICENSURE RATHER THAN CERTIFICATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (KGH\15205AC.97), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-47-610(B) and inserting:
/(B) The committee initially shall waive the professional education and examination requirements and issue a certificate license to any person who can demonstrate to the committee, through evidence verified under oath, that he the person was employed as or actively performing the duties of a respiratory care practitioner in South Carolina within the sixty-day period before the board appoints the committee in November and December of 1998; however, within three years of applying for initial licensure, the person must have complied with the educational and examination requirements provided for in Section 40-47-600. The applicants shall produce proof of high school graduation or the equivalent and shall apply within ninety days after the application process is put into effect by the committee public notification by the department."/
Amend the bill further by deleting SECTION 15 of the bill and inserting:
/SECTION 15. This act takes effect January 1, 1999./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
The Bill was read the second time, passed and ordered to a third reading.
H. 3462 -- Rep. Davenport: A BILL TO AMEND SECTION 39-19-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED CHARGES AND COMMISSIONS FOR HANDLING AND SELLING LEAF TOBACCO, SO AS TO PROVIDE TWO OPTIONAL METHODS FOR DETERMINING THESE CHARGES AND COMMISSIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (3462R001.PPL), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 39 in its entirety and inserting the following:
/warehouses not to exceed two and one-half eight-tenths percent./
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LEATHERMAN, with unanimous consent, H. 3462 was ordered to receive a third reading on Thursday, May 22, 1997.
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (PSD\7374AC.97), which was adopted:
Amend the concurrent resolution, as and if amended, page 1 by deleting lines 40-42 and on page 2 by deleting lines 1-15 and inserting:
/approach to this problem. The committee is composed of:
(1) one member of the Senate Judiciary Committee and one member of the Senate Medical Affairs Committee appointed by the President Pro Tempore and one member of the House Judiciary Committee and one member of the House Medical, Military, Public and Municipal Affairs Committee appointed by the Speaker of the House of Representatives; and
(2) these representatives or their designees: the Attorney General, the head of the prosecution section of the Attorney General's Office, the President of the South Carolina Solicitors Association, the President of the South Carolina Medical Association, the President of the South Carolina Hospital Association, the President of the South Carolina Law Enforcement Officers Association, the Director of the Department of Health and Environmental Control, the Director of the Department of Alcohol and Other Drug Abuse Services, the Director of the Department of Social Services, the Chief of the South Carolina State Law Enforcement Division, the Director of the South Carolina Legal Services Association, the President of the South Carolina Chapter of the American College of Obstetrics and Gynecology, President of the South Carolina Public Defenders Association, and the chairmen of the Senate Finance Committee and the House Ways and Means Committee./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
On motion of Senator MOORE, the Resolution was carried over.
H. 3744 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Senator ROSE asked unanimous consent to make a motion to take up the Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
The Concurrent Resolution was adopted, ordered returned to the House with amendments.
H. 3823 -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following Amendment No. 1 (GJK\20712CM.97):
Amend the bill, as and if amended, by adding an appropriately numbered SECTIONS to read:
/ SECTION _____. Section 56-5-6520 of the 1976 Code is amended to read:
"Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen eighteen years of age to wear a safety belt or other child restraint system."
SECTION ______. Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:
"(9) occupants of the back seat of a motor vehicle who are eighteen years of age and older unless the vehicle is equipped with a shoulder harness in addition to the lap belt;
(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."
SECTION ______. Section 56-5-6540 of the 1976 Code is amended to read:
"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty twenty-five dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:
(1) An occupant of the motor vehicle under the age of eighteen is not wearing a safety belt or other child restraint system; or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action."
SECTION ______. Section 56-1-640 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(A) The department shall report each conviction of a person from another party state occurring within South Carolina to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings.
(B) The licensing authority of another party state shall report each conviction of a person from South Carolina occurring within its jurisdiction to the department within five years of the conviction." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator MARTIN, the Bill was carried over.
H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (3595R001.NGS) proposed by Senator SETZLER and previously printed in the Journal of Wednesday, May 14, 1997.
On motion of Senator SETZLER, with unanimous consent, the amendment was withdrawn.
Senators SETZLER, RYBERG and RUSSELL proposed the following Amendment No. 2 (3595R004.NGS), which was adopted:
Amend the bill, as and if amended, page 2, line 40, by inserting after / therefor / and before / . / the following:
/with a favorable vote of two-thirds of the commissioners/
Amend the bill further, as and if amended, page 3, line 27, by inserting after / therefor / and before / . / the following:
/and a favorable vote of two-thirds of all commissioners/
Amend the bill further, as and if amended, page 6, after line 8, by adding the following:
/SECTION 8. Section 6-25-111(C) of the 1976 Code is amended to read:
"(C) Bonds may be issued under provisions of this chapter without obtaining the consent or approval of the State or any political subdivision or any agency, commission, or instrumentality of them, but no joint system shall undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member members as prescribed in Section 6-25-110."/
Renumber SECTIONS to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
On motion of Senator THOMAS, the Bill was carried over.
The following Bill was carried over:
S. 238 -- Senators Giese, Passailaigue, Holland, Reese, Ravenel, Rose and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-262 SO AS TO REQUIRE A NURSING HOME, AS A CONDITION OF LICENSURE, TO ESTABLISH MINIMUM PATIENT-STAFF RATIOS FOR STAFF PROVIDING NURSING CARE, EXCLUDING REGISTERED NURSES AND LICENSED PRACTICAL NURSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator GIESE explained the amendment.
On motion of Senator WASHINGTON, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEVENTIS argued contra to the third reading of the Bill.
Senator MARTIN assumed the Chair at 12:08 P.M.
Senator LEVENTIS argued contra to the third reading of the Bill.
With Senator LEVENTIS retaining the floor, on motion of Senator DRUMMOND, debate was interrupted by recess.
At 12:45 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:30 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.
H. 3595 -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Senator WILSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator THOMAS proposed the following amendment (3959R006.DLT), which was adopted:
Amend the bill, as and if amended, page 7, after line 8, by adding an appropriately numbered new SECTION to read:
/SECTION _____. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-45. (A) A joint municipal water and sewer commission, or a municipality which has a separate and distinct water system, providing water and/or sewer services, which requires a customer to make a deposit in order to receive such services shall provide to the customer, in writing, the commission's policy concerning the refund of deposits and the rate at which interest on the deposit shall accrue. For purposes of this section, 'deposit' means any deposit of money required as a condition of receipt of services, whether labeled an earnest money deposit, security deposit, deposit in escrow, or other deposit of money for the same purpose.
(B) If, after a customer has received service at the same location for two years, the customer has made all payments for service in a timely manner, determined in accordance with standards printed on billing statements, the deposit shall be refunded to the customer, with interest accrued at a rate of not less than five percent per annum. For purposes of this subsection, the phrase 'service at the same location for two years' includes periods of service at the same location accumulated prior to the effective date of this section.
(C) At the end of each calendar year, unclaimed deposits shall be transferred to the general fund of the municipality."
B. This section takes effect upon approval of the Governor, except that subsection (B) of Section 6-1-45 takes effect January 1, 1998./
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 2:35 P.M., on motion of Senator LEVENTIS, the Senate receded from business subject to a quorum being present.
At 2:40 P.M., a quorum being present, the Senate resumed.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The Senate resumed consideration of the Bill. The question being the third reading of the Bill.
Senator LEVENTIS argued contra to the third reading of the Bill.
On motion of Senator PASSAILAIGUE, Senators PASSAILAIGUE, HAYES, COURTNEY and MATTHEWS were granted leave to attend a subcommittee meeting of the Banking and Insurance Committee and were to be counted in any quorum calls.
Senator LEVENTIS continued arguing contra to the third reading of the Bill.
On motion of Senator LEATHERMAN, Senators LEATHERMAN, RYBERG, FORD and LANDER were granted leave to attend a subcommittee meeting of the Labor, Commerce and Industry Committee and were to be counted in any quorum calls and notified of any votes.
Senator LEVENTIS continued arguing contra to the third reading of the Bill.
At 4:05 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator MOORE, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 4:15 P.M., the Senate resumed.
Senator LEVENTIS continued arguing contra to the third reading of the Bill.
Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Courson Courtney Drummond Elliott Fair Ford Giese Glover Hayes Hutto Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore Passailaigue Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up the following amendment for immediate consideration.
There was no objection.
Senator HUTTO proposed the following Amendment No. 4 (JUD0174.033), which was tabled:
Amend the bill, as and if amended, page 2, beginning on line 19, in Section 56-1-286(C), as contained in SECTION 1, by striking lines 19 through 26 in their entirety.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HAYES argued contra to the adoption of the amendment.
Senator HUTTO moved that the amendment be adopted.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Courtney Drummond Elliott Fair Giese Hayes Lander Martin McGill Mescher Moore Passailaigue Rankin Ravenel Reese Russell Ryberg Setzler Thomas Waldrep Wilson
Ford Glover Hutto Land Leatherman Leventis Matthews Peeler Saleeby Short Washington
The amendment was laid on the table.
With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion to take up the following amendment for immediate consideration.
There was no objection.
Senators HAYES and HUTTO proposed the following Amendment No. 6 (JUD0174.034), which was adopted:
Amend the bill, as and if amended, beginning on page 2, line 19, in Section 56-1-286(C), as contained in SECTION 1, by striking lines 19 through 26 in their entirety and inserting the following:
/A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has probable cause to believe that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverage./.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 5 (174R026.WKG), which was adopted:
Amend the bill, as and if amended, page 174-3, line 5, by striking /Section 20-7-370/ and inserting in lieu thereof the following:
/Section 20-7-8920/.
Amend title to conform.
Senator GIESE explained the amendment.
Senator HAYES spoke on the amendment.
Senator GIESE moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator PEELER desired to be recorded as voting against the third reading of the Bill.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator MOORE moved that the Senate go into Executive Session prior to adjournment.
Senator LEVENTIS spoke on the motion.
Senator MOORE asked unanimous consent to amend the motion to go into Executive Session on Thursday, May 22, 1997, prior to adjournment.
Senator RAVENEL objected.
Senator MOORE moved that at 12:00 Noon on Thursday, May 22, 1997, the Senate go into Executive Session.
There was no objection and the motion was adopted.
H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.
Senator COURSON moved that the Bill, H. 3341, be made a Special Order.
Senator ANDERSON objected.
The question then was the motion to make the Bill a Special Order.
A roll call vote was requested.
At 4:54 P.M., on motion of Senator RAVENEL, the Senate receded from business not to exceed three minutes.
At 4:57 P.M., the Senate resumed.
Senator COURSON asked unanimous consent to substitute H. 3300 for H. 3341 as the matter to be made a Special Order.
Senator ANDERSON objected.
Senators COURSON and LAND spoke on the motion.
Senator WASHINGTON asked unanimous consent to make a motion that the Senate stand in recess for three minutes.
Senator PEELER objected.
Senator ANDERSON asked unanimous consent to withdraw his objection.
There was no objection.
On motion of Senator COURSON, the request for a roll call was withdrawn.
The question then was the motion to make H. 3300 a Special Order.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
H. 3300 was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
At 5:00 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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