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, hear a fascinating passage in the 6th Chapter of the Book of Joshua (v.16f):
"The seventh time around, when the priests
sounded the trumpet blast, Joshua commanded
the people, SHOUT! FOR THE LORD HAS
GIVEN YOU THE CITY!"
Let us pray.
Dear Lord, we learn that Joshua gave the command to shout before the walls of Jericho "came tumbling down," knowing that anybody could shout after victory comes.
We pray for the outlook of faith which anticipates victory in advance.
We do believe the word of the Lord when He said, 'What things soever ye desire, when you pray, BELIEVE that you receive them, and you shall have them.' (Mark 11:24)
We believe that the walls of our Jericho-problems, which are big, and complicated, and ominous, are as good as down when God gives the command.
The burden of our morning prayer is that You will help us to gear our plans into Your larger plans for us, in the Name of Israel's God.
Amen.
Senator ANDERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN assumed the Chair at 11:09 A.M.
Senator THOMAS asked unanimous consent to proceed to take up the matters in the box pending the arrival of a quorum.
Senator ANDERSON objected.
Senator ANDERSON moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Cork Courtney Drummond Elliott Giese Hayes Holland Hutto Land Lander Leatherman Leventis Martin Matthews Mescher Passailaigue Patterson Peeler Ravenel Rose Russell Saleeby Setzler Short Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators O'DELL, BRYAN, MOORE, RYBERG, COURSON, RANKIN, McGILL, GLOVER, REESE, J. VERNE SMITH, FORD, GREGORY, McCONNELL and FAIR recorded their presence subsequent to the Call of the Senate.
The PRESIDENT assumed the Chair at 11:17 A.M.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator RYBERG introduced Dr. Stephen Grant of Aiken, S.C., Doctor of the Day.
At 1:25 P.M., Senator MOORE requested a leave of absence for the balance of the day.
Senator WALDREP rose to a Point of Personal Privilege.
H. 3340 -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF CERTAIN PROPERTY OF THE BELLE W. BARUCH FOUNDATION AS A BIRD AND GAME SANCTUARY, SO AS TO PERMIT EDUCATIONAL AND RESEARCH ACTIVITIES TO BE UNDERTAKEN IN SUCH SANCTUARY NOT ONLY BY THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY BUT ALSO BY ANY OTHER FULLY ACCREDITED, NOT-FOR-PROFIT PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY HEADQUARTERED IN THIS STATE OR UNDERTAKEN UNDER THE SUPERVISION OF SUCH COLLEGE OR UNIVERSITY.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator PEELER, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3641 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator LAND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
Senator LAND proposed the following Amendment No. 1 (3641.1), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/SECTION . An act of 1997 bearing the ratification number 45 is repealed./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator LAND, H. 3641 was ordered to receive a third reading on Friday, May 23, 1997.
The following were introduced:
S. 777 -- Senator Ravenel: A BILL TO AMEND SECTION 50-11-980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE SANCTUARY DESIGNATED FROM CERTAIN LANDS AND WATERS IN CHARLESTON HARBOR, SO AS TO REVISE THE BOUNDARIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
Senator BRYAN spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 779 -- Senators Holland and Setzler: A BILL TO AMEND SECTION 5-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRIAL OF PERSONS CHARGED WITH VIOLATIONS OF MUNICIPAL LAWS AND ORDINANCES, SO AS TO DELETE THE REQUIREMENT THAT TRIAL BE HELD WITHIN SEVEN DAYS.
Read the first time and referred to the Committee on Judiciary.
S. 780 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 781 -- Senator Russell: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES AND USE TAX THAT MAY BE IMPOSED ON THE SALE OR LEASE OF CERTAIN ITEMS OF TANGIBLE PERSONAL PROPERTY, SO AS TO EXTEND THE MAXIMUM TAX PROVISION ON MUSICAL INSTRUMENTS AND OFFICE EQUIPMENT PURCHASED BY A RELIGIOUS ORGANIZATION TO EACH COMPONENT OF A SOUND SYSTEM PURCHASED BY SUCH AN ORGANIZATION.
Read the first time and referred to the Committee on Finance.
S. 782 -- Senators Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY "TIGERS" MEN'S BASKETBALL TEAM ON AN OUTSTANDING 1996-97 EFFORT, ONLY THE THIRD TEAM IN CLEMSON HISTORY TO ADVANCE TO THE SWEET 16 ROUND IN THE NCAA NATIONAL TOURNAMENT, ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN CLEMSON HISTORY WITH A #8 RANKING IN THE FINAL USA/TODAY POLL, AND TO RECOGNIZE HEAD COACH RICK BARNES AND HIS STAFF FOR THE EXCEPTIONAL SEASON.
The Senate Resolution was adopted.
S. 783 -- Senator Moore: A SENATE RESOLUTION TO COMMEND THE HONORABLE WILLIAM A. (BILLY) REEL, MAYOR OF THE TOWN OF EDGEFIELD, FOR HIS DISTINGUISHED CAREER OF PUBLIC SERVICE UPON HIS RETIREMENT AS MAYOR.
The Senate Resolution was adopted.
S. 784 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES; PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 785 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 786 -- Senator Mescher: A BILL TO AMEND CHAPTER 3, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES, BY ADDING SECTION 43-3-115 SO AS TO REQUIRE THE DEPARTMENT TO BE FINANCIALLY RESPONSIBLE FOR PROVIDING OFFICE SPACE AND RELATED FACILITY EXPENSES FOR COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES AND TO FURTHER PROVIDE THAT BEGINNING IN FISCAL YEAR 1999-2000, THE DISBURSEMENT MADE TO EACH COUNTY AS A PART OF AID TO SUBDIVISIONS SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE SUMS PAID BY THE RESPECTIVE COUNTY FOR COUNTY OFFICE EXPENSES.
Read the first time and referred to the General Committee.
H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
Read the first time and referred to the Committee on Finance.
H. 4082 -- Reps. Easterday, Altman, Limbaugh, Robinson, G. Brown, Campsen, Wilder, Bauer, Limehouse, Haskins, Maddox, Kelley, Knotts, Rice, Walker, Sharpe, Loftis, Sandifer, Davenport, Hinson, Simrill, Rodgers, Woodrum, J. Smith, Hamilton, Beck, R. Smith, Seithel, Allison, Wilkins, McCraw, Leach, Harrell, Klauber, Riser, Barrett, Mullen, Young, Law, Webb, D. Smith, H. Brown, Harrison, Dantzler, Littlejohn, Keegan, Kinon, Phillips, Witherspoon, T. Brown, Townsend, Vaughn, McMahand, Meacham, Kirsh, Whatley, Boan, McLeod, Breeland, Jennings, Cato, Hawkins, Miller, Battle, Stoddard, F. Smith, Mack, Stille, Barfield, Howard, Hodges, Lanford, Jordan, Harvin and Felder: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-380 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Read the first time and referred to the Committee on Judiciary.
H. 4138 -- Reps. Carnell, Klauber, Parks, Stille, Stoddard, Wilder and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON U. S. HIGHWAY 25 OVER THE SALUDA RIVER IN HONOR OF MR. WILLIAM T. JONES, III, DISTINGUISHED ATTORNEY AND SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT FOR THIRTY-TWO YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4163 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO THE DIVISION OF MOTOR VEHICLES, ADMINISTRATION AND ENFORCEMENT OF THE FINANCIAL RESPONSIBILITY ACT AND LAWS REGARDING MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2182, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4164 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO THE DIVISION OF MOTOR VEHICLES, SPECIAL LICENSE PLATES, PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREEN, AND REQUIRED STOPS AT RAILROAD CROSSINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2183, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4194 -- Reps. Govan, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE JUNE 1, 1997, AS "STAND FOR HEALTHY CHILDREN DAY" IN SOUTH CAROLINA AND TO URGE THE CITIZENS OF SOUTH CAROLINA TO MAKE A PERSONAL COMMITMENT TO ENSURE THAT ALL CHILDREN IN SOUTH CAROLINA GROW UP HEALTHY AND THRIVE IN SAFE NEIGHBORHOODS AND COMMUNITIES.
Whereas, on June 1, 1997, citizens in South Carolina and the nation will come together to pledge their commitment to "Stand for Healthy Children" and ensure that every child gets a healthy start in life with the health coverage children need to grow and thrive and healthy communities that allow children to breathe clean air, walk safely to school, and learn unimpaired by violence or untreated health problems; and
Whereas, on "Stand for Healthy Children Day" and beyond, South Carolinians along with families, citizens, members of religious congregations, schools, community-based organizations, businesses, and cultural groups will join together as a statewide community to recognize our children's unmet needs and rededicate ourselves to addressing these needs; and
Whereas, caring for our children's health and well-being must be our families' and communities' top priority. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That by this resolution, the General Assembly of the State of South Carolina declares June 1, 1997, as "Stand for Healthy Children Day" and urges all citizens to commit themselves to ensuring that children in South Carolina grow up healthy and thrive in safe neighborhoods and communities.
Introduced and referred to the Committee on Invitations.
H. 4201 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE SPARTANBURG HIGH SCHOOL VIKINGS FOR THEIR FOURTH CONSECUTIVE SOUTH CAROLINA AAAA GOLF CHAMPIONSHIP, AND TO CONGRATULATE THE GOLFERS FOR THIS FIRST-EVER ACCOMPLISHMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4202 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTANBURG HIGH SCHOOL'S GOLF COACH JOHN CRAIG ON HIS FOURTH CONSECUTIVE SOUTH CAROLINA AAAA GOLF CHAMPIONSHIP, AND TO RECOGNIZE HIS CAREER ACCOMPLISHMENTS AS HE RETIRES FROM THE COACHING FIELD TO ENTER THE ARENA OF EDUCATIONAL ADMINISTRATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4203 -- Reps. Parks, Carnell and Klauber: 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 returned to the House.
H. 4204 -- Reps. Wilder and McLeod: A CONCURRENT RESOLUTION CONGRATULATING MARGARET BRACKETT OF NEWBERRY COUNTY ON RECEIVING THE 1997 SILVER SCALES OF JUSTICE VOLUNTEER OF THE YEAR AWARD AND COMMENDING HER FOR HER MANY YEARS OF OUTSTANDING SERVICE TO HER COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4205 -- Reps. Davenport, D. Smith, Lanford, Lee, Hawkins, Littlejohn and Walker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LEWIS B. PARRIS, SR., OF BOILING SPRINGS ON THE SAD OCCASION OF HIS DEATH ON MAY 18, 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 582 -- Senators Drummond and Leatherman: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED, SO AS TO DELETE SPECIFIC PROVISIONS REGARDING THE FORM OF PRACTICE IN ORDER FOR THE FIRM TO HOLD ITSELF OUT AS A PARTNERSHIP; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THAT THE REGULATIONS CONFORM TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROHIBIT THE BOARD FROM REQUIRING A MINIMUM NUMBER OF HOURS OF CONTINUING EDUCATION IN ACCOUNTING OR AUDITING SUBJECTS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3137 -- Rep. J. Brown: A BILL TO AMEND TITLE 40, CHAPTER 67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH PATHOLOGISTS AND AUDIOLOGISTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO REDUCE THE NUMBER OF BOARD MEMBERS FROM SIX TO FIVE, TO CLARIFY THE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO CLARIFY THE SCOPE OF PRACTICE, TO AUTHORIZE DISPENSING AND FITTING DEVICES TO PROMOTE COMMUNICATION, TO ADD LICENSURE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR BIENNIAL LICENSURE, TO INCREASE FEES, TO REQUIRE CONTINUING EDUCATION, TO CLARIFY EXEMPTIONS FROM THE CHAPTER, AND TO ESTABLISH CRIMINAL PENALTIES.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
H. 3180 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary has polled out H. 3207 favorable with amendments:
H. 3207 -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".
Holland Saleeby Bryan Wilson Moore Russell Courtney Ford Lander Martin Moore Rankin
McConnell Rose Cork Glover Gregory Jackson
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3286 -- Rep. Sharpe: A BILL TO AMEND SECTION 2 OF ACT 387 OF 1996 RELATING TO THE ONE-YEAR PERIOD WITHIN WHICH A PERMANENT WAIVER OF EDUCATIONAL REQUIREMENTS MAY BE GRANTED TO A MASSAGE/BODYWORK THERAPY APPLICANT FOR LICENSURE WHO MEETS CERTAIN OTHER REQUIREMENTS, SO AS TO REVISE THE AMOUNT OF TIME REQUIRED IN PROFESSIONAL PRACTICE AS A THERAPIST FROM FOUR YEARS TO ONE YEAR.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3292 -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 31-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY";TO AMEND SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a majority favorable and Senator ROSE a minority unfavorable report on:
H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
H. 4056 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a majority favorable with amendment and Senators GIESE and BRYAN a minority unfavorable report on:
H. 4062 -- Rep. Harrison: A BILL TO AMEND SECTION 59-121-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL, SO AS TO REVISE THE AGE LIMITATION WITH RESPECT TO ELIGIBILITY FOR ELECTION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4106 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO APPLICATION FOR LICENSE; EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
S. 207 -- Senators Hayes, Short, Gregory, Thomas, Martin, Russell, Fair, Holland, Lander, Drummond, J. Verne Smith, Wilson, Ryberg and Moore: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
The House returned the Bill with amendments.
Senator HAYES proposed the following amendment (207R014.RWH), which was adopted:
Amend the bill, as and if amended, page 6, by striking lines 15 and 16 and inserting:
/SECTION 9. Upon approval by the Governor, this act takes effect November 1, 1997./
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
The House returned the Bill with amendments.
Senator McCONNELL proposed the following amendment (343ROO2.GFM), which was adopted:
Amend the bill, as and if amended, page 1, line 35, by striking SECTION 2 and inserting in lieu thereof the following:
/SECTION 2. "Section 12-39-250. (A) At any time before the tax is paid and upon order of the assessor or Board of Appeals, the county auditor shall correct upon the duplicate for any tax year the assessment of real property on which the valuation of the real property was so excessive as to constitute an invalid assessment. At any time prior to payment of the tax the auditor shall also correct upon the duplicate for any tax year any errors that may be discovered that were made by county or state officers. At any time during the current tax year and before payment of the tax the auditor further shall correct other errors that may appear in the duplicate. At any time before the tax is paid the auditor shall also correct other errors in the duplicate when such errors invalidate or make void the collection of the tax reflected by reason of such error. If the correction results in a reduction or withdrawal of the taxes assessed or levied, the correction shall be in the form of an abatement and a record of such correction and the reasons therefor shall be maintained in an abatement book. When any personal or real property has been entered for taxation in the wrong locality, the auditor shall correct the error at any time prior to payment of the tax and charge such tax in the correct locality. Any corrections made in the duplicate by the auditor shall be entered on both the auditor's and treasurer's duplicate, except that in the case of a reduction of any assessment or tax, the auditor may furnish the treasurer with a certificate of reduction.
(B) Notwithstanding any other provision of law, the county tax assessor or the County Board of Assessment Appeals, upon application of the taxpayer, must order the County Auditor to make appropriate adjustments in the valuation and assessment of any real property and improvements which have sustained damage as a result of wind, water, fire, or any other destructive force, provided that the application for correction of the assessment is made prior to payment of the tax."
SECTION 3. SECTION 1 of this act takes effect January 1, 1998, and SECTION 2 takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL 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.
Columbia, S.C., May 22, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT. (ABBREVIATED TITLE)
asks for a Committee of Conference, and has appointed Reps. Cato, Kirsh and Seithel of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, COURTNEY and PASSAILAIGUE of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 254 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "UNINSURED MOTORIST FUND"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, SURETY RATES, RATE-MAKING ORGANIZATIONS, AND DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ONE DOLLAR OF THE YEARLY PREMIUM BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND". (ABBREVIATED TITLE)
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 559 -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
The House returned the Bill with amendments.
On motion of Senator SETZLER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 456 -- Senators Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
The House returned the Bill with amendments.
On motion of Senator WILSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
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.
(By prior motion of Senator GREGORY)
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 FROM AREA 2 EXPIRES IN THE YEAR 2000, AT WHICH TIME A SUCCESSOR SHALL BE ELECTED IN THE MANNER PROVIDED BY LAW.
(By prior motion of Senator O'DELL)
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.
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. 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. 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. 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.
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
(By prior motion of Senator LEATHERMAN, with unanimous consent)
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.
The following Bill was read the third time and ordered sent to the House of Representatives:
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 following Bills and Joint Resolutions having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
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.
Senator PASSAILAIGUE explained the Bill.
H. 3556 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
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.
Senator LEATHERMAN explained the Bill.
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.
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.
Senator LEATHERMAN explained the Bill.
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.
Senator RANKIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
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.
Senator LEATHERMAN explained the Bill.
H. 3802 -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
Senator LEATHERMAN explained the Bill.
H. 3850 -- Reps. Robinson and Vaughn: A BILL TO AMEND SECTION 12-2-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNATURES ON TAX RETURNS, SO AS TO OMIT REFERENCE TO SOUTH CAROLINA CODE AND TO ADD REFERENCE TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO COMPLY WITH LICENSING OF GAMING MACHINES, SO AS TO REQUIRE THAT ONE-HALF THE PENALTY BE RETAINED AND EXPENDED BY THE AGENCY CHARGING THE VIOLATION; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CHANGE REFERENCE TO "GAS AND OTHER FUELS" TO "MOTOR FUEL, BLENDED FUEL, AND ALTERNATIVE FUEL" IN THE EXEMPTION PERTAINING THERETO; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTY FOR FAILURE TO MAKE A TIMELY PAYMENT OF TAX DUE THE STATE BECAUSE OF NEGLIGENCE OR FRAUD, SO AS TO UPDATE REFERENCE TO SOUTH CAROLINA CODE; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE MEANING OF "ASSESSMENT"; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO RULEMAKING, SO AS TO UPDATE REFERENCE TO INTERNAL REVENUE CODE; TO AMEND SECTION 8-21-790, AS AMENDED, RELATING TO THE DISPOSITION OF FEES FOR SETTLEMENT OF ESTATES, SO AS TO REQUIRE NO LESS THAN MONTHLY PAYMENTS BY THE DEPARTMENT OF REVENUE; AND TO AMEND SECTION 56-31-50, AS AMENDED, RELATING TO PRIVATE CAR RENTAL SURCHARGES, SO AS TO MAKE THEM PAYABLE TO THE DEPARTMENT OF REVENUE, NOT TO THE STATE TREASURER'S OFFICE.
Senator LEATHERMAN explained the Bill.
H. 3859 -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: A BILL TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.
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.
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.
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.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (PT\1291MM.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ______. Amend Section 12-37-220(B)(2) of the 1976 Code, as last amended by Act 90 of 1991, is further amended to read:
"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his or her spouse, by a paraplegic or hemiplegic person, or in trust for his or her benefit, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ______. A. The penultimate paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The provisions of this section shall apply to life estates created by will and also to life estates otherwise created which were in effect on or before December 31, 1979."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the committee 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.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3628.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 17-25-135. (A) When a person is convicted of or pleads guilty or nolo contendere to an 'Offense Against the Person' as provided for in Title 16, Chapter 3, an 'Offense Against Morality or Decency' as provided for in Title 16, Chapter 15, criminal domestic violence, as defined in Section 16-25-20, criminal domestic violence of a high and aggravated nature as defined in Section 16-25-65, or the common law offense of assault and battery of a high and aggravated nature, and the act on which the conviction or the plea of guilty or nolo contendere is based involved sexual or physical abuse of a child, the court shall order that the person's name, any other identifying information, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and the nature of the act which led to the conviction or plea be placed in the Central Registry of Child Abuse and Neglect established by Section 20-7-680. The clerk shall forward the information to the Department of Social Services for this purpose in accordance with guidelines adopted by the department.
(B) For purposes of this section:
(1) 'Physical Abuse' means inflicting physical injury upon a child or encouraging or facilitating the infliction of physical injury upon a child by any person including, but not limited to, a person responsible for the child's welfare, as defined in Section 20-7-490(5).
(2) 'Sexual Abuse' means:
(a) actual or attempted sexual contact with a child; or
(b) permitting, enticing, encouraging, forcing, or otherwise facilitating a child's participation in prostitution or in a live performance or photographic representation of sexual activity or sexually explicit nudity;
by any person including, but not limited to, a person responsible for the child's welfare, as defined in Section 20-7-490(5)."
SECTION 2. Section 20-7-650 (H) through (R) of the 1976 Code, as last amended by Act No. 450 of 1996, is further amended to read:
"(H) Reports of child abuse and neglect must be entered immediately into the automated statewide Central Registry of Child Abuse and Neglect. Reports of child abuse and neglect must be entered into the registry and maintained in the department files department's centralized data system in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be deemed considered suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of 'affirmative determination'.
(1) Indicated reports must be maintained on the central and local registries only when accompanied by a description of services being provided as required under subsection (F).
(2) Affirmative determinations may be maintained by the department only when must be accompanied by a description of services being provided the child and those responsible for his welfare, and relevant dispositional information.
(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances, except that:
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930.;
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date of the report that the report was determined to be unfounded. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of 'affirmative determination'. The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Upon a determination that more likely than not a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report or providing child protective services to the child who is the subject of the indicated report and those responsible for the child's welfare.
(K) A family court order resulting from proceedings initiated by the department pursuant to Sections 20-7-738 and 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of Child Abuse and Neglect of whether or not the subject of the report more likely than not abused or neglected the child.
At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person be entered in the Central Registry of Child Abuse and Neglect if it finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;
(2) may order that the person be entered in the Central Registry if it finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or willful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(L) The court may order at the probable cause hearing that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(M) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department shall serve a copy of the petition and summary on the person named as perpetrator. The petition shall include a statement that the judge shall rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court shall schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(N) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
(L)(O) The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(M)(P) In cases where a report has been filed with person has been placed in the Central Registry of Child Abuse and Neglect, as required by subsection (H), the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(N)(Q) The department shall must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used,;
(7) the possible outcomes of the investigation;
(8) the telephone number and name of a department employee available to answer questions.
(O)(R) The department shall must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department shall must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency shall must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency shall must file a formal incident report at the time it is notified of the alleged sexual abuse. In cases where the agency retains custody of the minor children and physical placement of the children is in the care of relatives, the agency must provide the same services along with financial benefits provided to other licensed foster care placement and facilities, provided the adults with whom the child is placed meet all qualifications applicable to foster parents.
(P)(S) The department actively shall must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(Q)(T) The local office of the department responsible for the county of the mother's legal residence shall must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution with having custody of the mother.
(R)(U) The agency in all instances shall must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION 3. Section 20-7-616 of the 1996 Code, as last amended by Act No. 450 of 1996, is further amended to read:
"Section 20-7-616. Notwithstanding any other provision of law, Upon upon request of the department, an a criminal justice agency having custody of or access to state or local law enforcement records or county sex offender registers registries shall provide the department with access to records or a summary of records information pertaining to the criminal history of concerning an adult residing in the home of a child who is the subject of named in a report of suspected child abuse or neglect or in a home in which it is proposed that the child be placed. This information shall include conviction data, nonconviction data, arrests, and incident reports accessible to the agency. The department shall not be charged a fee for this service."
SECTION 4. Section 20-7-670(B) of the 1976 Code, as last amended by Act No. 450 of 1996, is further amended to read:
"(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in foster homes supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes."
SECTION 5. Section 20-7-670 of the 1976 Code, as last amended by Act No.450 of 1996, is further amended by adding at the end:
"(G) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm as defined in Section 20-7-490, the name of that individual immediately must be entered in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible consequences to future employment and licensing if he allows his name to remain in the registry. The procedures set out in Section 20-7-655 apply when an individual challenges the entry of his name in the registry, and challenges the entry in the registry pursuant to this subsection must be given expedited review in the appeals process."
SECTION 6. Section 20-7-680 of the 1976 Code, as last amended by Act No. 450 of 1996, is further amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Section Sections 20-7-650, 20-7-670, and 17-25-135. The registry shall receive and maintain reports of child abuse and neglect, and it shall release information to persons and agencies only as authorized by this article. Reports of child abuse and neglect must be maintained on the registry in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in Section 20-7-650(G). All initial reports must be deemed suspected. Reports of suspected child abuse and neglect must be maintained on the registry for no more than sixty days after the report was received by the department. On or before the expiration of the sixty days, a report must be converted into either unfounded or indicated, pursuant to the department's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".
Indicated reports and affirmative determinations may be maintained on the Central Registry of Child Abuse and Neglect only when accompanied by a description of the services being provided the child and those responsible for the child's welfare, and all relevant disposition information. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services shall furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The names, addresses name, address, birth dates date, identifying characteristics, and other information of persons a person named in unfounded reports maintained on the registry a report must be destroyed removed from department records and the central registry immediately upon a determination that the report is unfounded by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I). However, information concerning persons named in Category II or III unfounded reports may be retained in other records of the department as provided for in Section 20-7-650(I).
(E) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports must be converted immediately to the category of affirmative determination The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in affirmative determinations of child abuse or neglect the registry or department records must be destroyed seven years from the date services are terminated. Upon a determination that there is not a preponderance of evidence that the subject of a report as defined in Section 20-7-490 committed child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the registry. This section does not prohibit the registry department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator subject of the report as defined in Section 20-7-490, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using information in records of the department other than the central registry in making decisions concerning licensing, employment, or placement, or performing other duties required by this act. The department also is authorized to consult any department records in providing information to persons conducting preplacement investigations of prospective adoptive parents in accordance with Section 20-7-1740."
SECTION 7. Section 20-7-690(A) of the 1976 Code, as last amended by Act No. 450 of 1996, is further amended by adding an appropriately numbered subitem to read:
"( ) The Division of Guardian ad Litem, Office of the Governor, for purposes of certifying that no potential employee or volunteer is the subject of an indicated report or an affirmative determination."
SECTION 8. Section 20-7-690(J) of the 1976 Code, as last amended by Act No. 450 of 1996, is further amended to read:
"(J) The department is authorized to disclose information concerning whether an individual is named in its records the Central Registry of Child Abuse and Neglect as a perpetrator when screening of an individual's background is required by statute or regulation for employment, or licensing, or any other purposes, or a is requested request is made in writing by the person being screened. In cases decided after January 1, 1993, the department may disclose perpetrator status for licensing and employment purposes only if an affirmative determination has been made. A perpetrator determination made before January 1, 1993, may be disclosed for licensing or employment purposes if the department's records show that the determination was confirmed by a finding in family court, that the determination was confirmed by an administrative fair hearing, or that the subject of the report waived the opportunity for a family court determination or waived administrative review. Upon request of a person identified in the record as a perpetrator, the department may review records of cases indicated before January 1, 1993, and may decide whether confirmation or waiver occurred, whether the department should redesignate the person's status, or whether the department should provide a hearing pursuant to Section 20-7-655. Nothing in this section prevents the department from using other information in department records when making licensing or employment decisions concerning licensing, employment, or placement, or performing other duties required by this act. The department also is authorized to consult any department records in providing information to persons conducting preplacement investigations of prospective adoptive parents in accordance with Section 20-7-1740."
SECTION 9. Section 20-7-766(A) of the 1976 Code, as last amended by Act No. 450 of 1996, is further amended to read:
"(A) The family court must review the status of a child placed in foster care upon pleadings motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section."
SECTION 10. (A) The data system which constituted the Central Registry of Child Abuse and Neglect prior to the effective date of this statute shall be incorporated into the statewide data systems of the department provided for in Section 20-7-680(A).
(B) Except as provided in subsection (C), information concerning perpetrators listed in the Central Registry of Child Abuse and Neglect prior to the effective date of this statute must be placed in the modified Central Registry of Child Abuse and Neglect created by this article if there has been an affirmative determination that the perpetrator physically or sexually abused the child or wilfully or recklessly neglected the child.
(C) Information concerning all cases indicated before January 1, 1993, shall be placed in the modified Central Registry of Child Abuse and Neglect created by this article. At such time as the department receives a request for information concerning a perpetrator of child abuse or neglect in a case indicated prior to January 1, 1993, the department must review the records of the case. Information concerning the case may be released to the party requesting the information only if (1) the case was indicated for physical or sexual abuse or willful or reckless neglect and (2) the department's determination that the perpetrator abused or neglected the child was confirmed by a finding in family court or an administrative fair hearing, or the subject of the report waived the opportunity for a family court determination or for an administrative review. Upon request of a person identified in the record as a perpetrator, the department may review records of cases indicated before January 1, 1993, and may decide whether confirmation or waiver occurred, whether the department should redesignate the person's status, or whether the department should provide a hearing pursuant to Section 20-7-655.
(D) For purposes of this section, "willful or reckless neglect" refers to cases of neglect in which criminal charges were filed against the perpetrator.
(E) No other case shall be placed in the modified Central Registry of Child Abuse and Neglect created by this article unless the requirements of Sections 20-7-650, 20-7-670, or 17-25-510 have been met.
SECTION 11. This act takes effect on January 1, 1998./
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the committee 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.
H. 3637 -- Reps. R. Smith, Mason, Sharpe, Clyburn, Beck, Felder, Kelley and Spearman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (9483MM.97), which was adopted:
Amend the bill, as and if amended, by deleting Section 12-6-3360(F)(2) and inserting:
/(2)(a) A taxpayer who makes a capital investment of at least fifty million dollars at a single site within a three-year period may elect to have the number of new and additional new full-time jobs determined by comparing the monthly average number of full-time jobs subject to South Carolina income tax withholding at the site for the taxable year with the monthly average for the prior taxable year.
(b) For purposes of this item, 'single site' means a stand-alone building whether or not several stand-alone buildings are located in one geographical location.
(c) The calculation of new and additional jobs provided for in this item is allowed for only a five-year period commencing in the year in which the fifty million dollars of capital investment is completed.
(d) For purposes of this subsection a 'new job' does not include a job transferred from one site to another site by the taxpayer or a related person. A related person includes any entity or person that bears a relationship to the taxpayer as set forth in Section 267 of the Internal Revenue Code."/
Amend title to conform.
Senator LEATHERMAN explained the committee 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.
H. 3919 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senators PEELER, SHORT, LANDER and LAND proposed the following Amendment No. 1 (3919R001.HSP), which was adopted:
Amend the committee report, as and if amended, page [3919-8], after line 21, by adding an appropriately numbered new section to read:
/SECTION ___. A. Section 12-36-2120(51) of the 1976 Code, as added by Act 462 of 1996, is amended to read:
"(51) Material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility. In order to qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least forty thirty-five million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval by the Governor. /
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
The Committee on Finance proposed the following amendment (DKA\4631MM.97), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4 and inserting:
/SECTION 4. Section 12-20-105 of the 1976 Code, as added by Act 231 of 1996, is amended to read:
"Section 12-20-105. License fees may be reduced by credits as provided in Section 12-6-3410 or Section 12-6-3480, or both of these sections.
(A) Any company subject to a license tax under Section 12-20-100 may claim a credit against its license tax liability for amounts paid in cash to provide infrastructure for an eligible project .
(B)(1) In order to be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, withholding tax credits under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under Chapter 12 of Title 4.
(2) If a project consists of an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State, the project does not have to meet the qualifications of item (1) in order to be considered an eligible project.
(C) For the purpose of this section 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air.
(D) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of any building or infrastructure it owns, leases, manages, or operates.
(E) The maximum aggregate credit that may be claimed in any tax year by a single company is three hundred thousand dollars.
(F) The credits allowed by this section may not reduce the license tax liability of the company below zero. If the applicable credit originally earned during a taxable year exceeds the liability and is otherwise allowable under subsection (D) the amount of the excess may be carried forward to the next taxable year.
(G) For South Carolina income tax and license purposes, a company that claims the credit allowed by this section is ineligible to claim the credit allowed by Section 12-6-3420."/
Amend further by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 12-6-3360(L) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(L) Notwithstanding any other provision of this section, a county with a population under twenty twenty-five thousand as determined by the most recent United States Census shall receive the next increased credit designation for purposes of the credit allowed by this section."
SECTION __. A. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Section 12-36-2110(A), (B) and (C) and Article 17 of Chapter 36 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-36-1310. Taxpayers required to remit taxes under Section 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county or municipality, shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."
B. Section 12-36-2110(D) of the 1976 Code, as added by Act 110 of 1991, is amended to read:
"(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, 'machinery for research and development' means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. 'Machinery' includes machines and the parts of machines, attachments, and replacements used or manufactured for use on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
C. Notwithstanding any other effective date provided in this act, this section is effective for sales or use made on or after December 1, 1992.
SECTION __. A. Section 12-10-80 of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"Section 12-10-80. (A) Upon certification by the council to the department of the council's determination that a business is a qualifying business, a qualifying business may collect a job development fee by retaining an amount of employee withholding permitted by subsection (B) or (D), or both, for the purposes permitted by subsection (C) or (D), respectively. A business that qualifies under Section 12-10-50 and which has met the minimum job requirement and minimum capital investment provided for in the final revitalization agreement may claim a job development credit as determined by this section. A business may claim its job development credit against its withholding on its quarterly State withholding tax return for the amount of job development credit allowable under this section. The credit must be claimed on a quarterly basis. In order to claim a job development credit, the business must be current with respect to its withholding tax as well as any other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter. A qualifying business may receive its initial job development credit only after the council has certified to the department that the qualifying business has met the required minimum employment and capital investment levels. To qualify for be eligible to apply to the council to claim a job development fee credit, a qualifying business shall create at least ten new, full-time jobs at the South Carolina facility described in the revitalization agreement. A qualifying business may collect is eligible to claim a job development fee credit under the revitalization agreement for not more than fifteen years. The amount retained is the property of the business, subject to all of the conditions in this section including the later possible requirement that the funds be transferred to this State as withholding and the possible forfeiture of the funds to this State as misappropriated withholding. The retained withholding must be maintained in an escrow account with a bank which is insured by the Federal Deposit Insurance Corporation. To the extent the money any return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (C) or (D), it must be treated as misappropriated employee withholding. Employee withholding Job development credits may not be retained claimed for purposes of (B) and (C) with regard to any employee whose job was created in this State before the taxable year of the qualifying business in which it enters into a revitalization agreement. If a qualifying business retains employee withholding claims job development credits under this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business retaining employee withholding claiming job development credits under this section shall file with the council and the department the information and documentation respecting the retention and use of the employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests. Each qualifying business which retains claims in excess of ten thousand dollars in any calendar year shall furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year of the retention in which the job development credits are claimed. Each qualifying business retaining employee withholding under this section is allowed a credit against the withholding tax liability provided in Chapter 8 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate amount of employee withholding retained. No employer may withhold claim an amount that
results in any employee ever receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(B) The total amount retained from employee withholding by the qualifying business may not exceed maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(1) two percent of the gross wages of each new employee who earns six 6.34 dollars or more an hour but less than eight 8.45 dollars an hour;
(2) three percent of the gross wages of each new employee who earns eight 8.45 dollars or more an hour but less than ten 10.57 dollars an hour;
(3) four percent of the gross wages of each new employee who earns ten 10.57 dollars or more an hour but less than fifteen 15.85 dollars an hour; and
(4) five percent of the gross wages of each new employee who earns fifteen 15.85 dollars or more an hour.
The hourly gross wage figures set forth in this section must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount which may be retained claimed by a qualifying business is limited by subsection (C)(6) and the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits under subsection (C)(6) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4). The maximum job development credit that can be claimed is limited to the lesser of withholding paid to the State on a quarterly basis or the amount allowed by this subsection.
(C) Capital expenditures from the escrow account must be expended In order to claim a job development credit, the qualifying business must incur expenditures at the above-described facility or for utility or transportation improvements that serve this facility. The qualifying business may expend funds from the escrow account if To be qualified expenditures (a) the expenditures are incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures from the escrow account are authorized must be by the revitalization agreement, and (c) the expenditures are for any of the following purposes:
(1) training costs and facilities;
(2) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4) fixed transportation facilities including highway, rail, water, and air;
(5) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(6) the amount of job development fees credits a qualifying business may retain claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360 as follows:
(a) one hundred percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'under developed';
(c) seventy percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'developed'.
The council shall certify to the department the maximum job development fee credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development fee credit and the job development fee credit actually retained claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D) Subject to the conditions in this section, any qualifying business in this State may negotiate with the council to retain from employee withholding claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount retained from employee withholding claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount retained from employee withholding claimed as a job development credit for retraining. The total amount retained from withholding claimed as job development credits for retraining and all of the qualifying business' matching funds must be paid to the technical college that provides the training to defray the cost of the training program. Any training cost in excess of the job development fees credits for retraining and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.
(E) Each qualified business which has retained employee withholding under this section, shall report each employee's state withholding to the United States, this State, and the employee as if the retained withholding had been paid over to the State pursuant to Chapter 9 of this title.
(F) Any job development fee credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. In the event of termination If an employee is terminated, the qualifying business shall immediately shall cease to retain employee withholding and immediately cease spending funds from the escrow account. Within thirty days of the expiration or termination of the revitalization agreement, the qualifying business shall pay over all the funds remaining in the escrow account to the department as withholding taxes claim job development credits.
(G)(F) For purposes of the job development fee credit allowed by this section, an employee is a person whose job was created in this State.
(H)(G) Job development fees credits may not be retained claimed by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-85(E)."
B. A qualifying business that is a qualified recycling facility as defined in Section 12-6-3460 of the 1976 Code may elect to receive the benefits of Section 12-10-80 of the 1976 Code as that section existed immediately before the effective date of the amendment to it contained in this section./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senators LAND and GREGORY proposed the following Amendment No. 2 (4643MM.97), which was withdrawn:
Amend the bill, as and if amended, adding appropriately numbered SECTIONS to read:
/SECTION __. A. Section 4-12-30(G) of the 1976 Code, as last amended by Act 462 of 1996, is further amended by adding at the end a new item to read:
"(3) For purposes of determining the cumulative property tax millage rate under subsection (G)(2), the millage rate assessed by a taxing entity must not be included in the computation even if the subject property was located in the jurisdiction of the taxing entity as of June 30 preceding the calendar year in which the millage rate agreement is executed, if, pursuant to agreement on the part of the taxing entity at the time of execution of the millage rate agreement, the taxing entity de-annexes the subject property before execution of the initial lease."
B. The amendment to Section 4-12-30(G) of the 1976 Code as contained in subsection A is effective for millage rate agreements executed after July 1, 1996.
SECTION _____. Section 4-29-10(3) of the 1976 Code is amended to read:
"(3) 'Project' means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishing which are considered necessary, suitable, or useful by the following or any combination thereof of them: (a) any enterprise for the manufacturing, processing, or assembling of any agricultural or manufactured products; (b) any commercial enterprise engaged in storing, warehousing, distributing, transporting, or selling products of agriculture, mining, or industry, or engaged in providing laundry services to hospitals, to convalescent homes, or to medical treatment facilities of any type, public or private, within or outside of the issuing county or incorporated municipality and within or outside of the State; (c) any enterprise for research in connection with any of the
foregoing or for the purpose of developing new products or new processes or improving existing products or processes; (d) any enterprise engaged in commercial business, including, but not limited to, wholesale, retail, or other mercantile establishments; residential and mixed use developments of two thousand five hundred acres or more; office buildings; computer centers; tourism, sports, and recreational facilities; convention and trade show facilities; and public lodging and restaurant facilities if the primary purpose is to provide service in connection with another facility qualifying under this subitem; and (e) any enlargement, improvement, or expansion of any existing facility in subitems (a), (b), (c), and (d) of this item. The term 'project' does not include facilities for an enterprise primarily engaged in the sale or distribution to the public of electricity, gas, or telephone services. A project may be located in one or more counties or incorporated municipalities. The term 'project' also includes any structure, building, machinery, system, land, interest in land, water right, or other property necessary or desirable to provide facilities to be owned and operated by any person, firm, or corporation for the purpose of providing drinking water, water, or wastewater treatment services or facilities to any public body, agency, political subdivision, or special purpose district. This definition is for purposes of industrial revenue bonds only."
SECTION _____. Section 31-13-340 of the 1976 Code, as last amended by Act 538 of 1988, is further amended by adding the following paragraph:
"The authority is authorized to establish and fund through the State Housing, Finance, and Development Authority Program Fund a program to provide credit enhancements for designated economic development projects selected by the Department of Commerce."/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
On motion of Senator LAND, with unanimous consent, Amendment No. 2 was withdrawn.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3551 -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (1290MM.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _______. Section 11-27-110(A) of the 1976 Code, as added by Act 55 of 1995, is amended to read:
"(A) As used in this section:
(1) 'asset' means any real property and permanent improvements thereon including structures, buildings, and fixtures;
(2) 'bond act' means:
(a) the county bond act, as contained in Chapter 15 of Title 4;
(b) the municipal bond act, as contained in Article 5, Chapter 21 of Title 5;
(c) the school bond act as contained in Article 1, Chapter 71 of Title 59;
(d) the provisions contained in Articles 3 and 5 of Chapter 11 of Title 6 pertaining to special purpose districts;
(e) any provision of law by which the State may issue obligations secured in whole or in part by the full faith, credit, and taxing power of the State; and
(f) any other law, general or special, providing for the issuance of general obligation bonds by the State or any of its political subdivisions;
(3) 'constitutional debt limit' for the State or any political subdivision of the State which has the power to incur general obligation bonded indebtedness, means the limitation of the principal amount of general obligation bonded indebtedness specified in Article X of the Constitution;
(4) 'enterprise charge' means a local accomodations tax or a local hospitality tax, or both of them, imposed by one or more governmental entities, the proceeds from which may be used only for limited purposes which either (i) has been imposed within the two fiscal years prior to the date of an enterprise financing agreement or (ii) to the extent a governmental entity pledges such a charge in connection with an enterprise financing agreement, the governmental entity covenants and agrees not to increase disbursements from its general fund to pay for costs which could have been paid from the charge for a period of two fiscal years after the date of the acquisition or completion of the asset provided by the enterprise financing agreement;
(4)(5) 'enterprise financing agreement' means a financing agreement entered into to provide an asset for a governmental enterprise (i) the revenues from which are expected to be sufficient to pay the amounts due under the financing agreement, or (ii) for which an enterprise charge has been imposed in an amount expected to be sufficient to pay the amounts due under the financing agreement, or (iii) a combination of revenues described under (i) and (ii) are expected to produce an amount sufficient to pay the amounts due under the financing agreement;
(5)(6) 'financing agreement' means any contract entered into after December 31, 1995, under the terms of which a governmental entity acquires the use of an asset which provides:
(a) for payments to be made in more than one fiscal year, whether by the stated term of the contract or under any renewal provisions, optional or otherwise;
(b) that the payments thereunder are divided into principal and interest components or which contain any reference to any portion of any payment under the agreement being treated as interest; and
(c) that title to the asset will be in the name of or be transferred to the governmental entity if all payments scheduled or provided for in the financing agreement are made, but the term excludes any refinancing agreement and contracts entered into in connection with issues of general obligation bonds or revenue bonds issued pursuant to authorization provided in Article X of the Constitution;
(6)(7) 'governmental enterprise' means any activity undertaken by a governmental entity which either (i) derives revenues from or because of the an activity on a basis other than the exercise of the power of taxation by that governmental entity, or (ii) is entitled to be paid or supported from an enterprise charge;
(7)(8) 'governmental entity' means:
(a) the State, whose general obligation debt service payments are limited pursuant to Section 13, Article X of the Constitution; or
(b) any political subdivision of the State including a municipality, county, school district, special purpose district, or similar entity, whose general obligation debt is limited as provided in Sections 14 and 15, in Article X of the Constitution;
(8)(9) 'limited bonded indebtedness' means the amount of bonded indebtedness that may be incurred by a governmental entity without a referendum or, where the context requires, the amount of such indebtedness then outstanding; and
(9)(10) 'principal balance' means the total amount, excluding any amount characterized as interest, payable as of any time of consideration under any financing agreement, including any renewals or extensions of the agreement; and
(11) 'refinancing agreement' means an agreement or agreements that would be a financing agreement except that (i) it refinances an asset acquired under the terms of a contract or contracts that is not a financing agreement solely by virtue of being dated prior to January 1, 1996, and (ii) the sum of all payments to be made under such agreement is less than the sum of the payments under the contract or contracts it refinances."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the committee amendment.
The amendment was adopted.
Senator WILSON proposed the following Amendment No. 1 (6141HTC.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-45-180 of the 1976 Code, as last amended by Act 60 of 1995, is further amended to read:
"Section 12-45-180. (A) When the taxes and assessments or any portion of the taxes and assessments charged against any property or person on the duplicate for the current fiscal year are not paid before the sixteenth day of January or thirty days after the mailing of tax notices, whichever occurs later, the county auditor shall add a penalty of three percent on the county duplicate and the county treasurer shall collect the penalty. If the taxes, assessments, and penalty are not paid before the second day of the next February, an additional penalty of seven percent must be added by the county auditor on the county duplicate and collected by the county treasurer. If the taxes, assessments, and penalties are not paid before the seventeenth day of the next March, an additional penalty of five percent must be added by the county auditor on the county duplicate and collected by the county treasurer. If the taxes, assessments, and penalties are not paid before the seventeenth day of March, the county treasurer shall issue his tax execution to the officer authorized and directed to collect delinquent taxes, assessments, penalties, and costs for their collection as provided in Chapter 51 of this title and they must be collected as required by that chapter. The United States postmark is the determining date for mailed payments. If the county treasurer determines by proper evidence that the mailing of a tax payment was improperly postmarked, and such this error results in the imposition of a penalty provided herein, in this subsection, then such the penalty imposed herein may be waived by the county treasurer.
(B) If title to real property is transferred during a tax year and the records of the county indicate that the tax notice was mailed or otherwise forwarded to the prior owner and the current owner received no timely notice of the tax due on the property, the treasurer shall waive any penalties imposed pursuant to subsection (A) of this section."/
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
Senator LAND spoke on 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.
H. 3419 -- Reps. Cobb-Hunter, R. Smith, Harrell, Kennedy and Harvin: A BILL TO AMEND SECTIONS 59-127-310, 59-127-320, 59-127-400, 59-127-440, AND 59-127-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OBLIGATION BONDS OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO DEFINE "NET ATHLETIC REVENUES" AND ADD THESE REVENUES TO THOSE REVENUE SERVICES PREVIOUSLY AVAILABLE FOR DEBT SERVICE ON THESE BONDS, TO REMOVE THE THREE MILLION DOLLAR OUTSTANDING DEBT LIMIT FOR THESE BONDS, TO AUTHORIZE BOND PROCEEDS TO BE USED FOR ACQUIRING, CONSTRUCTING, RECONSTRUCTING, RENOVATING, OR EQUIPPING ATHLETIC FACILITIES, AND TO REFUND PREVIOUSLY ISSUED BONDS, AND TO DELETE PROVISIONS RELATING TO ADVERTISING OF ISSUES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (6133HTC.97), which was adopted:
Amend the bill, as and if amended, in Section 59-127-320(B), as contained in SECTION 2, page 2, line 3, by striking /forty/ and inserting /twenty/.
Amend title to conform.
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 having been read the second time were ordered placed on the third reading Calendar:
H. 4147 -- Rep. Littlejohn: A BILL TO AMEND ACT 189 OF 1995, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO ALLOW A CANDIDATE FOR A SEAT ON THE SPARTANBURG COUNTY BOARD OF EDUCATION TO QUALIFY HIS CANDIDACY FOR A PLACE ON THE BALLOT BY THE FILING OF A STATEMENT OF CANDIDACY.
On motion of Senator COURTNEY, H. 4147 was ordered to receive a third reading on Friday, May 23, 1997.
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.
On motion of Senator COURTNEY, H. 4156 was ordered to receive a third reading on Friday, May 23, 1997.
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".
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3240.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and insert therein the following:
/SECTION 1. This act is known and may be cited as the "South Carolina School Safety Act of 1997".
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-612. (A) For purposes of this section:
(1) 'Student' means a person currently enrolled in any school.
(2) 'School' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, public or private colleges, universities, and any vocational, technical, or occupational school.
(B) A student who commits an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons is guilty of assault and battery against school personnel which is a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both."
SECTION 3. Section 20-7-7210(B) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(B) A child is eligible for detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other felonies; and:
(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order.;
(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both.; or
(8) is charged with an assault and battery or an assault and battery of a high and aggravated nature on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity.
A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release."
SECTION 4. Section 22-3-560 of the 1976 Code is amended to read:
"Section 22-3-560. Magistrates may punish by fine not exceeding two five hundred dollars or imprisonment in the jail or house of correction for a term not exceeding thirty days, or both, all assaults and batteries and other breaches of the peace when the offense is not neither an assault and battery against school personnel pursuant to Section 16-3-612 nor an assault and battery of a high and aggravated nature requiring, in their judgment or by law, greater punishment."
SECTION 5. The 1976 Code is amended by adding:
"Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student who is convicted of or adjudicated delinquent for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or a violent offense defined in Section 16-1-60 is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled or intends to be enrolled. These agencies are authorized to request information concerning school enrollment from the students convicted of or adjudicated delinquent for assault and battery against school personnel or a violent offense.
(2) When a student convicted of or adjudicated delinquent for assault and battery against school personnel or assault and battery of a high and aggravated nature against school personnel is not sentenced to incarceration or probation, the presiding judge shall as part of his sentence order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.
(4) If a student is convicted of or adjudicated delinquent for assault and battery against school personnel, assault and battery of a high and aggravated nature against school personnel, or a violent crime as defined in Section 16-1-60, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district."
SECTION 6. The 1976 Code is amended by adding:
"Section 59-63-380. A person affiliated with a school in an official capacity is granted immunity from criminal prosecution and civil liability when making a report of school-related crime in good faith, to the extent that the exposure to criminal prosecution or civil liability arises from the same report of school-related crime."
SECTION 7. The 1976 Code is amended by adding:
"Section 59-63-390. The senior administrator of each school is responsible for including an accurate summary of the provisions of this article and Section 16-3-612 in the school's student handbook each year."
SECTION 8. The Code Commissioner is hereby directed to include in the list of Class C misdemeanors as codified in Section 16-1-100(C) the offense of assault and battery against school personnel as defined in Section 16-3-612.
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (EDU\3461.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-67-545. Parents and other adult school volunteers or employees may ride route school buses on a space available basis. Parents and other adults also may ride school buses in conjunction with special programs that are sponsored by the local school district. This use of route school buses shall be in accordance with local school district board policies and programs.
School districts may not re-route school buses in order to accommodate the pickup of adults authorized to ride school buses as provided by this section. The State is not responsible for any costs associated therewith. The provisions of this section shall not be construed as a waiver or abrogation of the state's limited immunity from liability and suit under the State Tort Claims Act."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator RANKIN explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3548 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING OF RETURNS AND PAYMENT BY A WITHHOLDING AGENT, SO AS TO DELETE REFERENCE TO "MAKE A RETURN"; TO AMEND SECTION 12-8-1530, RELATING TO FILING OF QUARTERLY RETURNS BY A WITHHOLDING AGENT, SO AS TO PROVIDE A DEADLINE FOR FILING THE FOURTH QUARTER RETURN; TO AMEND SECTION 12-8-1550, RELATING TO FILING OF STATEMENTS BY A WITHHOLDING AGENT, SO AS TO PROVIDE THAT INFORMATION MAY BE FILED ON MAGNETIC MEDIA.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LEATHERMAN explained the Bill.
On motion of Senator PEELER, with unanimous consent, the following amendment was taken up for immediate consideration.
Senators PEELER, SHORT, LANDER and LAND proposed the following Amendment No. 1 (3548R001.HSP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section at the end to read:
/SECTION ___. A. Section 12-36-2120(51) of the 1976 Code, as added by Act 462 of 1996, is amended to read:
"(51) Material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility. In order to qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least forty thirty-five million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval by the Governor. /
Amend title to conform.
Senator PEELER 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.
On motion of Senator PEELER, with unanimous consent, H. 3548 was ordered to receive a third reading on Friday, May 23, 1997.
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.
Senator THOMAS objected.
The following Joint Resolution was carried over:
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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
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 WALDREP moved to recommit the Bill to the Committee on Medical Affairs.
The Bill was recommitted to the Committee on Medical Affairs.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 632 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1999, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED UPON STATE AGENCIES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator PASSAILAIGUE spoke on the Resolution.
With Senator PASSAILAIGUE retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment.
By previous action of the Senate, the time certain had arrived to go into Executive Session.
By prior motion of Senator MOORE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following name was reported to the Senate in open session:
Having been reported favorably from Executive Session, Senator MARTIN moved to confirm the following appointment:
Initial Appointment, Board of Health and Environmental Control, with term to commence June 30, 1997, and to expire June 30, 2001:
4th Congressional District:
Mr. Mark B. Kent, 350 Riverside Drive, Greenville, S.C. 29605
Senator CORK argued contra to the motion.
The question then was, "Will the Senate advise and consent to the Governor's appointment?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Drummond Elliott Fair Giese Hayes Holland Lander Leatherman Martin McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
Anderson Cork Ford Glover Leventis* Matthews McConnell Patterson Ravenel Washington
Saleeby
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The appointment was confirmed.
On motion of Senator ANDERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Willie Yeargin of Greenville, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, May 23, 1997, it stand adjourned to meet next Tuesday, May 27, 1997, at 12:00 Noon, which motion was adopted.
At 2:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
This web page was last updated on Monday, June 29, 2009 at 10:47 A.M.