Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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 Senator J. VERNE SMITH.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
October 23, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Commission on Higher Education, with term to commence June 30, 1996, and to expire June 30, 1998:
Private College President-w/o vote
Joab M. Lesesne, Jr., Ph.D., President, Wofford College, 429 North Church Street, Spartanburg, S.C. 29303-3663
Referred to the Committee on Education.
February 11, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, State Human Affairs Commission, with term to commence June 30, 1996, and to expire June 30, 1999:
2nd Congressional District:
Mr. Pelham F. Moss, 105 Evergreen Lane, Cayce, S.C. 29033
Referred to the Committee on Judiciary.
April 25, 1997
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Advisory Board for the Autism Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1997, and to expire June 30, 2001:
1st Congressional District:
Mr. William J. Walker, 172 Waccamaw Road, Georgetown, S.C. 29440
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
The Honorable Dave C. Waldrop, Jr., Post Office Box 813, Newberry, S.C. 29108 VICE John T. Nave (resigned)
Referred to the Committee on Medical Affairs.
Reappointment, Juvenile Parole Board, with term to commence June 30, 1997, and to expire June 30, 2001:
At-Large:
Mr. William J. Capers, 3244 Starlette Avenue, North Charleston, S.C. 29420-8847
Referred to the Committee on Corrections and Penology.
May 5, 1997
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 1998:
Four-year Institution, Ex officio:
Mr. Timothy N. Dangerfield, 20 Wax Myrtle Circle, Aiken, S.C. 29803 VICE E. Bart Daniel (resigned )
Referred to the Committee on Education.
The following was received and referred to the appropriate committee for consideration:
Document No. 2196
Promulgated by South Carolina Law Enforcement Division
Concealable Weapons Permit
Received by Lt. Governor May 13, 1997
Referred to Senate Committee on Judiciary
120 day review expiration date September 10, 1997 (Subject to Sine Die Revision)
On motion of Senator HOLLAND, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.
On motion of Senator COURSON, at 11:15 A.M., Senator McGILL was granted a leave of absence for the balance of the day.
At 1:00 P.M., Senator RANKIN requested a leave of absence for the balance of the day.
At 1:30 P.M., Senator BRYAN requested a leave of absence until 3:30 P.M.
At 1:30 P.M., Senator RYBERG requested a leave of absence until 3:00 P.M.
On motion of Senator PEELER, at 1:45 P.M., Senator COURTNEY was granted a leave of absence for the balance of the day.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
At 10:10 A.M., Senator SALEEBY asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.
There was no objection and a message was sent to the House accordingly.
Columbia, S.C., May 14, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 178 (Word version) -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.
asks for a Committee of Conference, and has appointed Reps. Jennings, Baxley and Littlejohn of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators HOLLAND, SALEEBY and COURTNEY of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 757 (Word version) -- Senator Ravenel: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
Read the first time and referred to the Committee on Judiciary.
S. 758 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Read the first time and referred to the Committee on Judiciary.
S. 759 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
Read the first time and referred to the General Committee.
S. 760 (Word version) -- Senators Peeler, Wilson, Waldrep and Ryberg: A BILL TO AMEND SECTION 56-5-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN
INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Read the first time and referred to the Committee on Transportation.
S. 761 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.
Read the first time, and on motion of Senator REESE, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator REESE, with unanimous consent, S. 761 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 762 (Word version) -- Senator Washington: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MS. KAREN WHITAKER FOR HER OUTSTANDING AND DEDICATED SERVICE TO THE LOWCOUNTRY COMMUNITY ACTION AGENCY HEAD START PROGRAM.
The Senate Resolution was adopted.
S. 763 (Word version) -- Senator Washington: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MS. MAMIE E. LYNAH FOR HER OUTSTANDING SERVICE TO THE LOWCOUNTRY COMMUNITY ACTION AGENCY HEAD START PROGRAM.
The Senate Resolution was adopted.
H. 4152 (Word version) -- Reps. R. Smith, Beck, Clyburn, Mason, Sharpe and Spearman: A CONCURRENT RESOLUTION RECOGNIZING MR. ROLAND WINDHAM ON THE DAY DECLARED "ROLAND WINDHAM DAY" (MONDAY, MAY 26, 1997) BY THE CITY OF AIKEN AND THE COUNTY OF AIKEN, AND COMMENDING HIM FOR HIS OUTSTANDING CIVIC CONTRIBUTIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4153 (Word version) -- Rep. F. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE DONALD KEITH DARR, LATELY OF GREENVILLE, AND WISH HIM WELL AS HE ASSUMES THE POSITION OF PRINCIPAL OF SAINT MARY HELP OF CHRISTIANS SCHOOL IN AIKEN.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SALEEBY from the Committee on Banking and Insurance has polled out H. 3272 favorable with amendment:
H. 3272 (Word version) -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.
Saleeby Leatherman McConnell Matthews Courtney Thomas Patterson Passailaigue Rose Hayes Martin Rankin
Setzler Courson Reese Elliott Russell Jackson
Ordered for consideration tomorrow.
Columbia, S.C., May 14, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Young, Haskins and Allison of the Committee of Conference on the part of the House on:
H. 3101 (Word version) -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.
Very respectfully,
Speaker of the House
Received as information.
S. 133 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 44-20-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVOLUNTARY ADMISSION OF A PERSON TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT A SOLICITOR OR AN ASSISTANT SOLICITOR MAY INITIATE A PROCEEDING FOR INVOLUNTARY ADMISSION OF A PERSON IN PROBATE OR FAMILY COURT AND TO AMEND SECTION 44-23-430, RELATING TO A HEARING ON FITNESS TO STAND TRIAL, SO AS TO CHANGE A REFERENCE IN THE SECTION PERTAINING TO JUDICIAL ADMISSION PROCEEDINGS.
The House returned the Bill with amendments.
On motion of Senator THOMAS, 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. 267 (Word version) -- Senators Giese and Lander: A BILL TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
The House returned the Bill with amendments.
On motion of Senator GIESE, 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. 577 (Word version) -- Senators Fair, Holland, Bryan, Moore, McConnell, Glover and Courtney: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH A PILOT CHILD PROTECTIVE SERVICES SYSTEM IN ONE REGION OF THE STATE WHICH ALLOWS THE DEPARTMENT TO DIVERT CHILD ABUSE AND NEGLECT CASES TO AN ASSESSMENT TRACK RATHER THAN FOLLOWING NORMAL PROTOCOL WHEN CERTAIN MORE SERIOUS FORMS OF ALLEGED ABUSE OR NEGLECT ARE NOT PRESENT; TO ESTABLISH THE PROCEDURES UNDER WHICH THE DEPARTMENT SHALL OPERATE THIS PILOT; TO REQUIRE THE DEPARTMENT TO REPORT TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE EFFECTIVENESS OF THE PILOT; AND TO PROVIDE FOR THE TERMINATION OF THE PILOT.
The House returned the Joint Resolution with amendments.
Senator FAIR explained the House amendments.
On motion of Senator FAIR, 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.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill 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. 4114 (Word version) -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT TEACHERS AND STAFF OF THE DARLINGTON COUNTY SCHOOL DISTRICT ARE NOT REQUIRED TO MAKE UP THE SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, DURING SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS.
(By prior motion of Senator SALEEBY)
H. 3852 (Word version) -- Reps. Wilkins, Cato, Altman, Tripp, Jennings, Fleming, Sharpe, Mason, Sandifer, Littlejohn, Barfield, Meacham, Hinson, Robinson, Cooper, Haskins, Simrill, Walker, Woodrum, Loftis, Chellis, Stuart, Whatley, Leach, Barrett, Trotter, Harrison, Hamilton, Easterday, Allison and Davenport: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY SECURITIES, BY ADDING CHAPTER 30 SO AS TO AUTHORIZE THE CREATION OF A STATE SAVINGS BANK IN SOUTH CAROLINA; TO PROVIDE FOR ORGANIZATION OF, APPLICATION FOR AND APPROVAL OF, CORPORATE ADMINISTRATION OF, AND OPERATION OF A MUTUAL OR A STOCK STATE SAVINGS BANK; TO PROVIDE FOR CONVERSION OF A STATE SAVINGS BANK TO A FEDERAL BANK OR ASSOCIATION OR FROM A MUTUAL TO A STOCK SAVINGS BANK, OR FOR CONVERSION OF ANOTHER BANK OR ASSOCIATION TO A STATE SAVINGS BANK; TO PROVIDE FOR THE MERGER OF A STATE SAVINGS BANK WITH ANOTHER BANK OR ASSOCIATION; TO PROVIDE FOR VOLUNTARY DISSOLUTION; TO PROVIDE FOR REGULATION, SUPERVISION, CONSERVATORSHIP, AND RECEIVERSHIP BY THE STATE BOARD OF FINANCIAL INSTITUTIONS; TO PROVIDE FOR PROHIBITED PRACTICES AND PENALTIES FOR PARTICIPATION IN PROHIBITED PRACTICES; AND TO PROVIDE FOR LENDING AUTHORITY AND PROCEDURES.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3317 (Word version) -- Reps. Bailey, Young-Brickell, Allison, Altman, Askins, Barfield, Barrett, Battle, Bauer, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Inabinett, Jordan, Keegan, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw, McLeod, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-405 SO AS TO PROVIDE REIMBURSEMENT TO A MUNICIPALITY OR OTHER GOVERNMENTAL ENTITY FOR COSTS EXPENDED ON A LAW ENFORCEMENT OFFICER ATTENDING THE MANDATORY TRAINING PROGRAM REQUIRED PURSUANT TO THE PROVISIONS OF CHAPTER 6, TITLE 23.
(By prior motion of Senator ROSE, with unanimous consent)
S. 410 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 8-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SALARY SUPPLEMENTS FOR COUNTY OFFICERS, SO AS TO INCLUDE CORONERS AMONG THOSE OFFICERS RECEIVING THE SUPPLEMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0410.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 8-15-65 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 8-15-65. (A) The General Assembly annually shall appropriate annually salary supplements for the following county officers:
(1) clerks of court;
(2) probate judges;
(3) sheriffs;
(4) coroners;
(5) registers of mesne conveyances;
(5)(6) auditors;
(6)(7) treasurers.
(B) The amounts appropriated for salary supplements pursuant to subsection (A) must include both salary and related employer contributions and are in addition to amounts provided as compensation for these officials by counties. To the extent that compensation for these officers is reduced by a county or there is any other reduction of expenditures in the operations of their offices, a corresponding reduction must be made in the distribution otherwise due the county pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act.
(C) Except as provided in subsection (B), the salary supplement must be uniform with respect to a particular county officer but may vary between the different category of officers.
(D) Amounts appropriated for the officers listed in subsection (A)(1), (2), (3), and (4), and (5) must be paid to county treasurers in a lump sum at the beginning of the fiscal year and paid to these officers over a twelve-month period in the same manner that salaries are paid county employees. Amounts appropriated pursuant to this section for the officers listed in subsection (A)(5) and (6) and (7) must be administered by the Office of the Comptroller General and paid in accordance with the schedule and method of payment provided for state employees."
SECTION 2. This act takes effect July 1, 1997./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3184 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS AND REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD3184.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 36, in Section 16-17-600(A), as contained in SECTION 1, by striking lines 36 and 37 in their entirety and inserting therein the following:
/thousand dollars and or imprisoned not less than one year nor more than ten years, or both.
A crematory operator is neither civilly nor criminally liable for cremating a body which (1) has been incorrectly identified by the funeral director, coroner, medical examiner, or person authorized by law to bring the deceased to the crematory; or (2) the funeral director has obtained invalid authorization to cremate. This immunity does not apply to a crematory operator who knew or should have known that the body was incorrectly identified./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar: H. 3063 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Stille, Cotty, Witherspoon, Seithel, Bailey, Walker, Altman, Whatley, Kirsh, Young-Brickell, Sandifer, Wilkes, Simrill, Robinson, Stuart, Harrell, Riser, Gamble, Littlejohn and J. Smith: A BILL RATIFYING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE; AND RATIFYING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.
On motion of Senator McCONNELL, with unanimous consent, H. 3063 was ordered to receive a third reading on Friday, May 16, 1997. H. 3366 (Word version) -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-614 SO AS TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 3408 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 17-22-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION APPLICATION AND PARTICIPATION FEES, SO AS TO INCREASE THE APPLICATION FEE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS AND TO INCREASE THE AGGREGATE FEES FOR APPLICATION AND PARTICIPATION FROM THREE HUNDRED DOLLARS TO THREE HUNDRED FIFTY DOLLARS.
H. 4035 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION REPEAL: FILING AND SERVICE OF FORMS AND MOTIONS, TERMINATING TEMPORARY COMPENSATION BENEFITS, COMPENSATION RATE, AVERAGE WEEKLY WAGE, AND COMPENSATION RATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2115, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 198 (Word version) -- Senators Cork, Giese and Rose: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1997, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE. S. 725 (Word version) -- Senators McConnell, Passailaigue, Courson, Ravenel and Ford: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE.
Senator McCONNELL explained the Bill.
On motion of Senator McCONNELL, with unanimous consent, S. 725 was ordered to receive a third reading on Friday, May 16, 1997.
H. 3450 (Word version) -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
Senator THOMAS explained the Bill.
On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3450 was ordered to receive a third reading on Friday, May 16, 1997.
H. 4073 (Word version) -- Reps. Davenport, Walker, Lee, Hawkins, Allison and Littlejohn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG INTERSTATE HIGHWAY 85 FROM MILE POINT 68.8 TO MILE POINT 77.4 IN SPARTANBURG COUNTY IS SIXTY-FIVE MILES AN HOUR AND INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS STRETCH OF HIGHWAY TO INFORM MOTORISTS OF THE MAXIMUM SPEED LIMIT.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bill was carried over:
H. 3595 (Word version) -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
On motion of Senator GIESE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 174 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator HUTTO proposed the following Amendment No. 16A (JUD0174.030), which was tabled:
Amend the committee report, as and if amended, page [174-11], by adding an appropriately numbered SECTION to read:
/SECTION ___. The State Law Enforcement Division must submit the BAC Datamaster used by SLED to the Medical University of South Carolina or a comparable medical facility so that the machine may be tested on human beings to determine if the BAC Datamaster produces accurate blood alcohol concentration results from a person' s breath samples that are consistent with blood alcohol concentration results obtained from a person's blood samples. SLED must submit the results of the test to the General Assembly by January 1, 1998./.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO argued in favor of the adoption of the amendment and Senators GIESE and ALEXANDER argued contra.
Senator HUTTO moved that the amendment be adopted.
Senator ALEXANDER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Drummond Fair Giese Gregory Hayes Holland Jackson Lander Leatherman Martin Mescher Moore O'Dell Peeler Ravenel Ryberg Setzler Thomas Wilson
Anderson Bryan Cork Ford Glover Hutto Land Matthews McConnell Passailaigue Patterson Rankin Reese Rose Saleeby Waldrep Williams
The amendment was laid on the table.
Senator HUTTO proposed the following Amendment No. 17A (JUD0174.023), which was adopted:
Amend the committee report, as and if amended, page [174-3], beginning on line 29, in Section 56-1-286(F)(2), as contained in SECTION 1, by striking the word /ten / and inserting therein the word /five/.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senators HAYES and ALEXANDER proposed the following Amendment No. 18 (JUD174.025), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The State Law Enforcement Division must submit the BAC Datamaster to a facility with expertise in breath alcohol testing so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the test to the General Assembly by January 1, 1998./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
Senator HAYES moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 20 (174R008.GFM), which was adopted:
Amend the committee report, as and if amended, page [174-6], line 37, by striking / "/.
Amend the committee report further, as and if amended, page [174-6], after line 37, by inserting an appropriately numbered new subsection to read:
/( ) Notwithstanding any other provision of law, no suspension imposed pursuant to this section shall be counted as a demerit or result in any insurance penalty for automobile insurance purposes if, at the time he was stopped, the person whose license is suspended had a blood alcohol ratio that was less than five one-hundredths of one percent. No suspension imposed pursuant to this section shall be counted as a demerit or result in any insurance penalty for automobile insurance purposes if, at the time he was stopped, the person whose license is suspended had a blood alcohol ratio that was at least five one-hundredths of one percent but less than ten one-hundredths of one percent, unless there is an administrative finding that the person's driving was impaired at the time he was stopped."/
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator MARTIN argued contra.
Senator McCONNELL moved that the amendment be adopted.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Lander Martin Mescher Ryberg Thomas Waldrep
Anderson Bryan Cork Courson Courtney Drummond Elliott Ford Glover Gregory Hayes Holland Hutto Land Leatherman Leventis Matthews McConnell Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Setzler Smith, J. Verne Washington Williams Wilson
Giese (Present) Aye
Saleeby (Absent) Nay
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senators SALEEBY and LAND proposed the following Amendment No. 21 (JUD0174.028), which was tabled:
Amend the committee report, as and if amended, page [174-6], beginning on line 4, in Section 56-1-286(N), as contained in SECTION 1, by striking subsection (N) in its entirety and inserting therein the following:
/(N) (1) If an individual is employed, enrolled in a school, college, or university, or attends church at any time while his privilege to drive is restricted by an order of restriction under this section, he may apply for a restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of restriction, and to and from church. If an individual is employed, enrolled in a school, college, or university, or attends church at any time while his privilege to drive is suspended by an order of suspension under this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension, and to and from church. The department may issue the restricted driver's license or special restricted driver's license only upon showing by the individual that he is employed, enrolled in a school, college, or university, or attends church and that he lives further than one mile from his place of employment, education, or church and that there is no adequate public transportation between his residence and his place of employment, place of education, or church.
(2) If the department issues a restricted driver's license or special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, residence, or church attendance must be reported immediately to the department by the licensee.
(3) The fee for each restricted driver's license or special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, residence, or church attendance is twenty dollars.
(4) A person shall not drive a motor vehicle on a public highway of this State outside the time limits and route imposed under this section by an order of restriction or restricted license. A person convicted of driving outside of restriction must be fined two hundred dollars.
(5) The driving of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued the license is a violation of Section 56-1-460./.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Courtney Elliott Fair Giese Gregory Hayes Lander Leatherman Martin Mescher Moore Rose Russell Ryberg Setzler Waldrep Wilson
Cork Ford Glover Hutto Jackson Land Leventis Matthews McConnell O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Saleeby Thomas Washington
The amendment was laid on the table.
Senator HUTTO proposed the following Amendment No. 23B (JUD174.027), which was tabled:
Amend the committee report, as and if amended, page [174-7], line 10, in Section 56-1-286, as contained in SECTION 1, by striking line 10 in its entirety and inserting therein the following:
/determined by a Breathalyzer machine.
(R) In addition to any other penalty imposed by law, the department must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit pursuant to this section to a person under the age of eighteen who drives a motor vehicle and possesses a tobacco product. A person under the age of eighteen who drives a motor vehicle and possesses a tobacco product has the same rights under this section as a person who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more."/.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator HUTTO spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator HUTTO continued speaking on the amendment.
Senator HUTTO moved that the amendment be adopted.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courson Courtney Drummond Elliott Fair Giese Hayes Land Lander Leatherman Martin McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Thomas Waldrep Washington
Cork Ford Glover Gregory Hutto Jackson Matthews Wilson
The amendment was laid on the table.
Senator HUTTO proposed the following Amendment No. 24 (JUD0174.031), which was adopted:
Amend the committee report, as and if amended, page [174-3], beginning on line 11, in Section 56-1-286(D), as contained in SECTION 1, by inserting after /any/ the following:
/ administrative or /
Amend title to conform.
Senator HUTTO explained the amendment.
Senator ELLIOTT proposed the following Amendment No. 25 (174R018.DE), which was adopted:
Amend the committee amendment, as and if amended, page 174-12, line 34, by striking / " /
Amend the committee amendment further, as and if amended, page 174-12, after line 34, by adding the following:
/(E) For purposes of issuing a provisional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."/
Amend title to conform.
Senator GIESE moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 15A (JUD0174.022), which was adopted:
Amend the committee report, as and if amended, page [174-10], line 24, in Section 56-1-2030(16)(14), as contained in SECTION 4, by striking the phrase /more than one year/ and inserting therein:
/more than one year five years or more/.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 26 (174R017.CBH), which was adopted:
Amend the committee report, as and if amended, page [174-13], lines 31 through 42, by striking subsection (1) and inserting in lieu thereof the following:
/"(1) who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen year old who is licensed to drive pursuant to Section 56-1-175 if the driver has not been convicted of point-assessable traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"/
Amend title to conform.
Senator HUTTO explained the amendment.
Senator GIESE moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the amendment proposed by the Committee on Judiciary, as amended.
The amendment proposed by the Committee on Judiciary, as amended, (174TRANS.WHB), was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-286. (A) In addition to any other penalty imposed by law unless otherwise prohibited in this section, including additional driver's license suspensions, the Department of Public Safety must suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent or more. The department shall not suspend a person's privilege to drive under this section if the person's privilege to drive has been suspended for a violation of Sections 20-7-370 or 56-5-2930 arising from the same incident.
(B) A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol.
(C) A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has probable cause to believe that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration.
A law enforcement officer who has a reasonable suspicion to believe that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages may stop the driver for further investigation. The law enforcement officer may order the testing of the person to determine the person's alcohol concentration if the officer establishes probable cause that the motor vehicle was being driven by a person under the age of twenty-one who had consumed alcoholic beverages.
(D) A test must be administered at the direction of the primary investigating law enforcement officer. At the direction of the officer, the person first must be offered a breath test to determine the person's alcohol concentration and informed of his right to request a second breath test. If the person takes a breath test and requests a second breath test, the second breath test shall be administered not less than two minutes nor more than ten minutes after the first test is taken. If two breath tests are taken, only the lower reported test result must be used. If the person physically is unable to provide an acceptable breath sample because he has an injured mouth, or is unconscious or dead, or for any other reason considered acceptable by licensed medical personnel, a blood or urine sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The primary investigating officer may not administer the tests. Blood and urine tests must be administered by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to administer these tests in a licensed medical facility. Blood and urine samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the officer must be paid from the general fund of the State.
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in any proceeding. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the officer. The officer must provide reasonable assistance to the person to contact and obtain a qualified person to conduct additional tests. Failure to provide reasonable assistance upon request to obtain additional tests bars the admissibility of the breath test result in any administrative or judicial proceeding.
(E) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administration of tests at the direction of the primary investigating officer are released from civil and criminal liability unless the obtaining of samples or the tests are performed in a negligent manner. No person may be required by the officer ordering the tests to obtain or take any sample of blood or urine.
(F) If a person refuses, upon the request of the primary investigating officer, to submit to chemical tests as provided in subsection (C), or if the person submits to chemical tests as provided in subsection (C) and the tests results indicate an alcohol concentration of two one-hundredths of one percent or more, the department must suspend his license, permit, or any nonresident operating privilege, or deny the issuance of a license or permit to him for:
(1) six months; or
(2) one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930 or Section 56-5-2945 or any other law of this State or another state that prohibits a person from operating a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286 or Section 56-5-2950.
(G) No tests may be administered or samples taken unless the person has been informed that:
(1) he does not have to take the tests or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court; and
(2) his privilege to drive must be suspended for at least six months if he takes the tests or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more.
The primary investigating officer must promptly notify the department of the refusal of a person to submit to a test requested pursuant to this section as well as the tests results of any person who submits to tests pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department.
(H) If the test registers an alcohol concentration of two one-hundredths of one percent or more, or if the person refuses to be tested, the department must serve an order of restriction on the person. The order of restriction limits the person's privilege to drive so that the person may drive only to and from work or his place of education and in the course of his employment or education. The person may apply for a restricted driver's license from the department under subsection (N). The department must serve an order of suspension on the person if the person does not apply for a restricted driver's license from the department or is refused a restricted driver's license by the department under subsection (N) within thirty days after the order of restriction is served.
The order of restriction shall remain in effect until the order of restriction is rescinded or an order of suspension is served on the person. The period of suspension provided in subsection (F) begins on the day the order of suspension is served on the person. The order of restriction shall advise the person of his right to obtain a restricted driver's license, an administrative review, and an administrative hearing regarding the suspension of his privilege to drive under this section.
(I) If a person who has been issued an order of restriction under subsection (H) desires an administrative review, he shall request a review by the department, in writing, within ten days after the order of restriction is served. Upon receiving a request for an administrative review, the director or his designee shall review:
(1) the order of restriction;
(2) the primary investigating law enforcement officer's affidavit;
(3) the person's driving record, if it is relevant to the review; and
(4) other relevant information provided to the director or his designee.
From this review, the director or his designee shall determine whether the department should rescind the order of restriction. The director or his designee shall report in writing the results of the review to the person requesting the review within ten days after the request for the review is received.
An administrative review of an order of restriction is not a contested proceeding under the Administrative Procedures Act, does not stay a restriction, and has no effect upon the availability of an administrative hearing under this section.
(J) In addition to requesting an administrative review under subsection (I), an administrative hearing may be requested within thirty days after the order of restriction is served by filing a written request with the department. The department shall serve an order of suspension on the person if the person does not request a hearing within the thirty-day period. The department shall conduct the hearing within thirty days after the request for the hearing is received. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was lawfully ordered to submit to chemical tests pursuant to this section;
(3) was advised of the consequences of taking or refusing to take a test pursuant to this section;
(4) refused to submit to a test pursuant to this section; or
(5) consented to taking a test pursuant to this section and the:
(a) reported alcohol concentration at the time of testing was two one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section; and
(c) tests administered and samples taken were conducted in accordance with this section and division procedures.
Nothing in this section prohibits the introduction of competent evidence at the hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person rescinding the order of restriction or suspending the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within ten days after the conclusion of the administrative hearing. An administrative hearing is a contested proceeding under the Administrative Procedures Act. A person has a right to judicial review pursuant to the Administrative Procedures Act and the court may order a stay of the order of suspension pursuant to Section 1-23-380.
(K) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (B) of this section.
(L) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(M) A person required to submit to tests by the primary investigating officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests must promptly furnish a copy of the time, method, and results of any additional tests to the officer before any proceeding in which the person attempts to use the results of the additional tests as evidence.
(N) (1) If an individual is employed or enrolled in a school, college, or university at any time while his privilege to drive is restricted by an order of restriction under this section, he may apply for a restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of restriction. The department may issue the restricted driver's license only upon showing by the individual that he is employed or enrolled in a school, college, or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or place of education.
(2) If the department issues a restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) A person shall not drive a motor vehicle on a public highway of this State outside the time limits and route imposed under this section by an order of restriction or restricted license. A person convicted of driving outside of restriction must be fined two hundred dollars.
(O) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(P) The department shall administer the provisions of this section, not including subsection (D), and may promulgate regulations necessary to carry out its provisions.
(Q) A person's privilege to drive shall not be restricted or suspended under this section if his alcohol concentration is determined by a Breathalyzer machine.
(R) Notwithstanding any other provision of law, no suspension imposed pursuant to this section shall be counted as a demerit or result in any insurance penalty for automobile insurance purposes if, at the time he was stopped, the person whose license is suspended had a blood alcohol ratio that was less than five one-hundredths of one percent. No suspension imposed pursuant to this section shall be counted as a demerit or result in any insurance penalty for automobile insurance purposes if, at the time he was stopped, the person whose license is suspended had a blood alcohol ratio that was at least five one-hundredths of one percent but less than ten one-hundredths of one percent, unless there is an administrative finding that the person's driving was impaired at the time he was stopped."
SECTION 2. Section 56-5-2990, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-2990. The department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the department to operate a motor vehicle.
Any person whose license is suspended under the provisions of this section or Section 56-1-286 must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, and treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department."
SECTION 3. Section 56-1-10 of the 1976 Code, as last amended by Act 459 of 1996, is amended by adding:
"( ) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
( ) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids."
SECTION 4. Section 56-1-2030 of the 1976 Code, as last amended by Act 149 of 1993, is further amended to read:
"Section 56-1-2030. As used in this article:
(1) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3) 'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4)(2) 'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5)(3) 'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(6)(4) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a) the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) the vehicle is designed to transport sixteen or more persons, including the driver; or
(c) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7)(5) 'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(6) 'Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9)(7) 'Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10)(8) 'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11)(9) 'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12)(10) 'Driver' means a person who drives a commercial motor vehicle, or who is required to hold a commercial driver's license.
(13)(11) 'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14)(12) 'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15)(13) 'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16)(14) 'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year five years or more.
(17)(15) 'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18)(16) 'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19)(17) 'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20)(18) 'Motor vehicle' means every a vehicle which is self-propelled and every a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21)(19) 'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22)(20) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23)(21) 'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24)(22) 'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful wilfull or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25)(23) 'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26)(24) 'Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27)(25) 'United States' means the fifty states and the District of Columbia.
(28)(26) 'Farm related vehicle' means a vehicle used:
(a) in custom harvester operations,;
(b) in livestock feeding operations,; or
(c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(29)(27) 'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."
SECTION 5. The 1976 Code is amended by adding:
"Section 56-1-175. (A) The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:
(1) held a beginner's permit for at least ninety days;
(2) passed a driver's education course as defined in subsection (D);
(3) passed successfully the road tests or other requirements the department may prescribe; and
(4) satisfied the school attendance requirement contained in Section 56-1-176.
(B) A provisional driver's license is valid only in the operation of:
(1) vehicles during daylight hours. During nighttime hours, but no later than midnight and no earlier than six a.m., the holder of a provisional driver's license must be accompanied by a licensed adult, twenty-one years of age or older;
(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.
(C) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.
(D) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.
(E) For purposes of issuing a provisional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."
SECTION 6. The 1976 Code is amended by adding:
"Section 56-1-176. (A) School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:
(1) has a high school diploma or certificate, or a General Education Development Certificate; or
(2) is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."
SECTION 7. The 1976 Code is amended by adding:
"Section 56-23-87. A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."
SECTION 8. Section 56-1-30(4) of the 1976 Code is amended to read:
"(4) Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."
SECTION 9. Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:
"(1) who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen year old who is licensed to drive pursuant to Section 56-1-175 if the driver has not been convicted of point-assessable traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"
SECTION 10. Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:
"Section 56-1-50. (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.
(B) The permit is valid only in the operation of:
(1) vehicles during the daylight hours;
(2) motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.
(D) A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.
(E) The following persons are not required to obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and
(2) Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.
(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.
(G) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."
SECTION 11. Section 56-1-130 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-130. (A) The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such further physical and mental examination as it deems necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.
(B) No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.
(C) A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.
A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."
SECTION 12. Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:
"Section 56-1-180. (A) The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.
(B) The special restricted driver's license is valid only under the following conditions in the operation of:
(1) in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, no later than midnight and no earlier than six a.m., the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. This restriction may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:
(a) employment or the opportunity for employment;
(b) travel between the licensee's home and place of employment or school; or
(c) travel between the licensee's home or place of employment and vocational training;
(2) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.
(D) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."
SECTION 13. Section 56-1-185 of the 1976 Code is amended to read:
"Section 56-1-185. (A) Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.
(B) A person while operating a motor vehicle under a beginner's permit, provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."
SECTION 14. The State Law Enforcement Division must submit the BAC Datamaster to a facility with expertise in breath alcohol testing so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the test to the General Assembly by January 1, 1998.
SECTION 15. This act takes effect upon approval by the Governor and applies to a person applying for a beginner's permit, provisional or restricted driver's license or regular motor vehicle driver's license after December 31, 1997. A person, who upon the effective date of this act, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on December 31, 1997. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise effect his driving privilege.
SECTION 16. This act takes effect July 1, 1997./
Amend title to conform.
Senator LAND asked unanimous consent to take up the following amendment for immediate consideration.
There was no objection.
Senator LAND proposed the following Amendment No. A (DKA\4487CM.97), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-5-6540 of the 1976 Code is amended to read:
"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty twenty-five dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:
(1) an occupant of the motor vehicle under the age of eighteen is not wearing a safety belt or other child restraint system; or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action."/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator RYBERG raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LAND spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LAND continued speaking on the amendment.
Senator ROSE argued contra to the adoption of the amendment.
On motion of Senator LAND, with unanimous consent, the amendment was withdrawn.
Senator ROSE proposed the following Amendment No. C (174R022.MTR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Chapter 31, Title 56 of the 1976 Code is amended by adding:
"Section 56-31-60. (A) No rental company shall deny rental of a private passenger automobile to a person based upon the person's driving record unless the person's driver's license is suspended or revoked at the time of the rental application."/
Amend title to conform.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
Senator LEVENTIS spoke on the Bill.
Senator ROSE asked unanimous consent to make a motion to carry over the Bill.
Senator HAYES objected.
Senator LEVENTIS continued speaking on the Bill.
With Senator LEVENTIS retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4055 (Word version) -- 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.
On motion of Senator MOORE, the Joint Resolution was recalled from the General Committee and ordered placed on the Calendar.
H. 3121 (Word version) -- Reps. Kelley and Bauer: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
On motion of Senator ELLIOTT, the Bill was recalled from the Committee on Transportation and ordered placed on the Calendar.
S. 409 (Word version) -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY AND MUNICIPAL GOVERNMENTS TO RAISE AND EXPEND REVENUE SO AS TO SPECIFY THE PROCEDURES THAT MUST BE FOLLOWED. (ABBREVIATED TITLE)
Senator DRUMMOND asked unanimous consent to take up S. 409 for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (409R007.FIN) which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:
/SECTION 1. Section 4-9-55 of the 1976 Code is amended to read:
"Section 4-9-55. (A) No A county may not be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:
(1) funds have been appropriated that have been estimated by the Division of Budget and Analyses at the time of enactment to be sufficient to fund the expenditures;
(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;
(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;
(4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.
(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.
(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the judicial department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) (5) the Department of Education;
(7) special appropriations acts;
(8) (6) laws reauthorizing but not expanding then-existing statutory authority;
(9) (7) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions.
(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section."
SECTION 2. Sections 4-10-10 through 4-10-100 of the 1976 Code are hereby designated as Article 1, entitled "Local Option Sales Tax".
SECTION 3. Section 4-10-10 of the 1976 Code is amended by adding at the end:
"(6) 'Positive majority vote' means a vote for adoption of the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required."
SECTION 4. Chapter 10, Title 4 of the 1976 Code is amended by adding:
"Section 4-10-16. Sales Tax Limitation.
A county may not be subject to more than one percent local sales and use tax levied pursuant to this article."
SECTION 5. Chapter 10, Title 4 of the 1976 Code is further amended by adding:
"Section 4-10-21. Local Option Sales Tax by Ordinance.
(A) A county governing body, by ordinance adopted by a positive majority vote, may levy a sales and use tax of one percent on the gross proceeds of sales that are subject to tax under Section 4-10-20.
(B) One hundred percent of the revenue distributed to the county area in accordance with Sections 4-10-90(B)(5), 4-10-40(A) and 4-10-50(A) under the sales and use tax levied pursuant to subsection (A) of this section must be used to provide a credit against property tax liability of the taxpayers in the county and municipalities pursuant to Section 4-10-40(B)."
SECTION 6. Section 4-10-25 of the 1976 Code is amended to read:
"Section 4-10-25. The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under Section 4-10-20 or Section 4-10-21 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 or 4-10-21 if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation within six months after the imposition of the local sales and use tax."
SECTION 7. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-300. Short title.
This article may be cited as the 'Capital Project Sales Tax Act'.
Section 4-10-310. Imposition of tax.
Subject to the requirements of this article, the county governing body may impose a one percent sales and use tax by ordinance, subject to a referendum, within the county area or a portion of the county area, for a specific purpose or purposes and for a limited amount of time to collect a limited amount of money. The revenues collected pursuant to this article may be used to defray debt service on bonds issued to pay for projects authorized in this article. However, at no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this article, pursuant to Chapter 37 of Title 4, or pursuant to any local law enacted by the General Assembly.
Section 4-10-320. Commission creation; composition.
(A) The governing body of any county is authorized to create a commission subject to the provisions of this section. The commission consists of six members, all of whom must be residents of the county, appointed as follows:
(1) The governing body of the county must appoint three members of the commission.
(2) The municipalities in the county must appoint three members, who must be residents of incorporated municipalities within the county, and who are selected according to the following mechanism:
(a) The total population of all incorporated municipalities within the county, as determined by the most recent United States census, must be divided by three, the result being an apportionate average.
(b) The respective population of each municipality in the county must be divided by the apportionate average to determine an appointive index.
(c) Each municipality in the county appoints a number of members to the commission equal to the whole number indicated by their appointive index. However, no single municipality may appoint more than two members to the commission; unless there is only one municipality in the county, and in such case the municipality is entitled to three appointments to the commission.
(d) When less than three members are selected to the commission in accordance with the prescribed appointive index method, the remaining member or members must be selected in a joint meeting of the commission appointees of the municipalities in the county. The member or members must be chosen from among the residents of the municipalities in the county that before this time have not provided a representative for the commission.
(e) In the event no municipality is entitled to appoint a member to the commission pursuant to the formula in subitem (c) of this subsection, the municipality with the highest appointive index must be deemed to have an appointive index of one.
(B) When the governing body of any county creates a commission, it must be created in accordance with the procedures specified in subsection (A) and only upon the request of the governing body of the county. If within the thirty-day period following the adoption of a resolution to create the commission, one or more of the municipalities fails or refuses to appoint their proportionate number of members to the commission, the county governing body must appoint an additional number of members equal to the number that any such municipality is entitled to appoint. A vacancy on the commission must be filled in the manner of the original appointment.
(C) The commission created pursuant to this section must consider proposals for funding capital projects within the county area. The commission then formulates the referendum question that is to appear on the ballot pursuant to Section 4-10-330(D).
Section 4-10-330. Contents of ballot question; purpose for which proceeds of tax to be used.
(A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county governing body containing the ballot question formulated by the commission pursuant to subsection 4-10-320(C), subject to referendum approval in the affected area. The ordinance must specify:
(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county and municipalities located in the county area, and may include the following types of projects:
(a) highways, roads, streets, and bridges;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) jointly operated projects of the county, a municipality and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) of this subsection;
(g) any combination of the projects described in subitems (a) through (f) of this item;
(2) the maximum time, stated in terms of calendar or fiscal years or quarters, or a combination thereof, not to exceed seven years from the date of imposition, for which the tax may be imposed;
(3) the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax; and
(4) any other condition precedent, as determined by the commission, to the imposition of the sales and use tax authorized by this article or condition or restriction on the use of sales and use tax revenue collected pursuant to this article.
(B) When the tax authorized by this article is imposed for more than one purpose, the enacting ordinance must set forth the priority in which the net proceeds are to be expended for the purposes stated. The enacting ordinance may set forth a formula or system by which multiple projects are funded simultaneously.
(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. The referendum must be held on the Tuesday following the first Monday in November. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law.
(D) The referendum question to be on the ballot must read substantially as follows:
'Must a special one percent sales and use tax be imposed in (county or municipal boundaries or portion or combination thereof) for not more than (time) to raise the amounts specified for the following purposes?
(1) $______ for _________
(2) $______ for _________
(3) etc.
(E) All qualified electors desiring to vote in favor of imposing the tax for the stated purposes shall vote 'yes' and all qualified electors opposed to levying the tax shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and the enacting ordinance. A subsequent referendum on this question may not be held more than once in a year and must be held on the date prescribed in subsection (C). The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county governing body and to the Department of Revenue. Expenses of the referendum must be paid by the governmental entities that would receive the proceeds of the tax in the same proportion that those entities would receive the net proceeds of the tax.
(F) Upon receipt of the returns of the referendum, the county governing body must, by resolution, declare the results thereof. In such event, the results of the referendum, as declared by resolution of the county governing body, are not open to question except by a suit or proceeding instituted within thirty days from the date such resolution is adopted.
Section 4-10-340. Tax imposition and termination.
(A) If the tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(B) The tax terminates on the earlier of:
(1) the final day of the maximum time period specified for the imposition; or
(2) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question.
(C) Amounts collected in excess of the required net proceeds must first be applied, if necessary, to complete a project for which the tax was imposed; otherwise, the excess funds must be credited to the general fund of the governmental entities receiving the proceeds of the tax, in the proportion which they received the net proceeds of the tax while it was imposed.
Section 4-10-350. Department of Revenue to administer and collect local tax.
(A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 must identify the county, municipality, or both, in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are required to report sales in the county, municipality, or both, in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county, municipality, or school district, or combination thereof, must report separately in his sales tax return the total gross proceeds from business done in each county or municipality.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a county or portion of a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.
(G) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 4-10-360. Revenue remitted to State Treasurer and held in a separate fund.
The revenues of the tax collected under this article must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations.
Section 4-10-370. Calculating distributions to counties; confidentiality.
The Department of Revenue shall furnish data to the State Treasurer and to the county treasurers receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to counties and municipalities upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240."
SECTION 8. Sections 6-1-10 through 6-1-110 of the 1976 Code are hereby designated as Article 1, entitled "General Provisions".
SECTION 9. A. Section 6-1-70 of the 1976 Code is amended to read:
"Section 6-1-70. The governing body of each county and, municipality, school district, or special purpose district may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax. which enacts and collects any fee which is charged on the transfer of real estate shall, not later than ten days after the close of a fiscal year quarter, remit to the State Treasurer an amount equal to the amount of real estate transfer fees collected in the previous fiscal year quarter. The county or municipality may voluntarily elect to have the State Treasurer or Comptroller General, as appropriate, deduct the amount required to be remitted from any distributions authorized to be made to the county or municipality under Aid to Subdivisions.
B. The local governing bodies that enacted, collected, and held in escrow fees on transfers of real estate pending resolution of their dispute over the requirement that the collected funds be remitted to the State Treasurer, be allowed to use those funds collected as of January 1, 1997, for their originally intended specific local purposes, or in the alternative, to refund the fees to those who paid them.
SECTION 10. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. (A) The Budget and Control Board, Division of Budget and Analyses, shall monitor and review the tax burden borne by the classes of property listed in Article X, Section 1 of the State Constitution. To determine the tax burden of each class of property, the Division of Budget and Analyses may use a ratio that compares total property taxes paid by the property class divided by the total fair market value of the property class. The Department of Revenue shall provide to the Division of Budget and Analyses the information on assessed values and fair market values of properties as collected in accordance with Section 59-20-20(3).
(B) The Budget and Control Board, Division of Budget and Analyses, shall develop a methodology to determine and estimate tax incidence. A tax incidence statement, prepared by the Division of Budget and Analyses, must be attached to any bill or resolution that has the potential to cause a shift in tax incidence. The tax incidence refers to the ultimate payer of a tax.
(C) The Budget and Control Board, Division of Budget and Analyses, may consult with outside experts with respect to fulfilling the requirements of subsections (A) and (B) of this section.
(D) Reports of the Budget and Control Board, Division of Budget and Analyses required under this section must be published and reported to the Governor, the members of the Budget and Control Board, the members of the General Assembly and made available to the public."
SECTION 11. Chapter 1, Title 6 of the 1976 Code is amended by adding:
Section 6-1-300. Definitions.
As used in the article:
(1) 'Consumer price index' means the consumer price index for all-urban consumers published by the U.S. Department of Labor. In the event of a revision of the consumer price index, the index that is most consistent with the consumer price index for all-urban consumers as calculated in 1996 must be used.
(2) 'Intergovernmental transfer of funding responsibility' means an act, resolution, court order, administrative order, or other action by a higher level of government that requires a lower level of government to use its own funds, personnel, facilities, or equipment.
(3) 'Local governing body' means the governing body of a county or municipality. As used in Section 6-1-320 only, local governing body also refers to the body authorized by law to levy school taxes.
(4) 'New tax' is a tax that the local governing body had not enacted as of December 31, 1996.
(5) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
(6) 'Service or user fee' means a charge required to be paid in return for a particular government service or program made available to the payer that benefits the payer in some manner different from the members of the general public not paying the fee.
(7) 'Specifically authorized by the General Assembly' means an express grant of power:
(a) in a prior act;
(b) by this act; or
(c) in a future act.
Section 6-1-310. Prohibition on imposition of new local taxes.
A local governing body may not impose a new tax after December 31, 1996, unless specifically authorized by the General Assembly.
Section 6-1-315. Limitation on imposition or increase of business license tax.
By ordinance adopted by a positive majority vote, a local governing body may impose a business license tax or increase the rate of a business license tax, authorized by Sections 4-9-30(12) and 5-7-30.
Section 6-1-320. Millage rate increase limitation; exceptions.
(A) Notwithstanding Section 12-37-251(E), a local governing body may only increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the prior tax year to the extent of the increase in the consumer price index for the preceding fiscal year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate.
(B) Notwithstanding the limitation upon millage rate increases contained in subsection (A), the millage rate limitation may be suspended and the millage rate may be increased for the following purposes:
(1) in response to a natural, environmental, or other disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with state legislative, administrative, or judicial intergovernmental transfers of funding responsibility requiring the use of county or municipal funds, personnel, facilities, or equipment;
(4) to offset a reduction in the total property tax base used to set the millage rate for the previous property tax year;
(5) to offset a reduction in revenue received from the local government fund;
(6) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030, if applicable.
(C) The millage rate limitation provided for in subsection (A) of this section may be overridden and the millage rate may be further increased by a positive majority vote of the appropriate governing body. The vote must be taken at a specially-called meeting held solely for the purpose of taking a vote to increase the millage rate. The governing body must provide public notice of the meeting notifying the public that the governing body is meeting to vote to override the limitation and increase the millage rate. Public comment must be received by the governing body prior to the override vote.
(D) The restriction contained in this section does not affect millage that is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
(E) The provisions of this section repeal any existing provision of law limiting millage rate increases of a school district, thereby giving the above limitation to all districts that were formerly under other fiscal limitations.
(F) The positive majority vote of the governing body required by this section does not apply to school districts that have their budget approved by qualified electors at a town meeting.
Section 6-1-330. Local fee imposition limitations.
(A) A local governing body, by ordinance approved by a positive majority, is authorized to charge and collect a service or user fee. A local governing body must provide public notice of any new service or user fee being considered and the governing body is required to hold a public hearing on any proposed new service or user fee prior to final adoption of any new service or user fee. Public comment must be received by the governing body prior to the final reading of the ordinance to adopt a new service or user fee. A fee adopted or imposed by a local governing body prior to December 31, 1996, remains in force and effect until repealed by the enacting local governing body, notwithstanding the provisions of this section.
(B) The revenue derived from a service or user fee imposed to finance the provision of public services must be used to pay costs related to the provision of the service or program for which the fee was paid. If the revenue generated by a fee is five percent or more of the imposing entity's prior fiscal year's total budget, the proceeds of the fee must be kept in a separate and segregated fund from the general fund of the imposing governmental entity.
(C) A local governing body may charge and collect a utility fee in exchange for the provision of utility services. Notwithstanding subsection (B), a local governing body that charges different rates for customers outside its corporate boundaries from those rates charged to customers inside its corporate boundaries may only transfer from the utility fee fund to the general fund that portion of the annual utility fee revenue that corresponds to the rate of return not to exceed the current yield on a thirty-year, AAA municipal bond as determined by the United States Department of the Treasury for the latest day available prior to the end of the calendar year plus five percent. The maximum amount that may be transferred on an annual basis from the utility fee fund is calculated by multiplying net utility assets by the aforementioned return.
(D) If a governmental entity proposes to adopt a service or user fee to fund a service that was previously funded by property tax revenue, the notice required pursuant to Section 6-1-80 must include that fact in the text of the published notice."
SECTION 12. Title 6, Chapter 1 of the 1976 Code is amended by adding:
Section 6-1-500. Short title.
This article may be cited as the 'Local Accommodations Tax Act'.
Section 6-1-510. Definitions.
As used in this article:
(1) 'Local accommodations tax' means a tax on the gross proceeds derived from the rental or charges for accommodations furnished to transients as provided in Section 12-36-920(A) and which is imposed on every person engaged or continuing within the jurisdiction of the imposing local governmental body in the business of furnishing accommodations to transients for consideration.
(2) 'Local governing body' means the governing body of a county or municipality.
(3) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
Section 6-1-520. Imposition of local accommodations tax.
(A) A local governing body may impose, by ordinance, a local accommodations tax, not to exceed four percent. However, an ordinance imposing the local accommodations tax must be adopted by a positive majority vote. The governing body of a county may not impose a local accommodations tax in excess of two percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body.
(B) All proceeds from a local accommodations tax must be kept in a separate fund segregated from the imposing entity's general fund. All interest generated by the local accommodations tax fund must be credited to the local accommodations tax fund.
Section 6-1-530. Use of revenue from local accommodations tax.
(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
Section 6-1-540. Cumulative rate of local accommodations tax. The cumulative rate of county and municipal local accommodations taxes for any portion of the county area may not exceed four percent, unless the cumulative total of such taxes were in excess of four percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996.
Section 6-1-550. Local accommodations tax revenue upon annexation.
In an area of the county where the county has imposed a local accommodations tax that is annexed by a municipality, the municipality must receive only that portion of the revenue generated in excess of the county local accommodations tax revenue for the previous twelve months in the area annexed.
Section 6-1-560. Real estate agents required to report when rental property listing dropped.
Real estate agents, brokers, corporations, or listing services required to remit taxes under this section must notify the appropriate local governmental entity or entities if rental property, previously listed by them, is dropped from their listings."
SECTION 13. Chapter 6, Title 1 of the 1976 Code is amended by adding:
Section 6-1-700. Short title.
This article may be cited as the 'Local Hospitality Tax Act'.
Section 6-1-710. Definitions.
As used in the article:
(1) 'Local governing body' means the governing body of a county or municipality
(2) 'Local hospitality tax' is a tax on the sales of prepared meals and beverages sold in establishments or sales of prepared meals and beverages sold in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine.
(3) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
Section 6-1-720. Imposition of local hospitality tax.
(A) A local governing body may impose, by ordinance, a local hospitality tax not to exceed two percent of the charges for food and beverages. However, an ordinance imposing the local hospitality tax must be adopted by a positive majority vote. The governing body of a county may not impose a local hospitality tax in excess of one percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body.
(B) All proceeds from a local hospitality tax must be kept in a separate fund segregated from the imposing entity's general fund. All interest generated by the local hospitality tax fund must be credited to the local hospitality tax fund.
Section 6-1-730. Use of revenue from local hospitality tax.
(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
Section 6-1-740. Cumulative rate of local hospitality tax.
The cumulative rate of county and municipal hospitality taxes for any portion of the county area may not exceed two percent, unless the cumulative total of such taxes were in excess of two percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996.
Section 6-1-750. Local hospitality tax revenue upon annexation.
In an area of the county where the county has imposed a local hospitality tax that is annexed by a municipality, the municipality must receive only that portion of the revenue generated in excess of the county local hospitality tax revenue for the previous twelve months in the area annexed."
SECTION 14. Notwithstanding any provision of this act, any ordinance enacted by a county or municipality prior to March 15, 1997, imposing an accommodations fee which does not exceed the four percent maximum cumulative rate prescribed in Section 6-1-540, is calculated upon a base consistent with Section 6-1-510(1), and the revenue from which is used for the purposes enumerated in Section 6-1-530, remains authorized and effective after the effective date of this act and the enacting county or municipality is authorized to issue bonds, pursuant to Article X, Section 14(10) of the Constitution of this State, utilizing the procedures of Section 4-29-68, for the purposes enumerated in Section 6-1-530, and to retire such debt using the proceeds of such an accommodations fee ordinance and the pledge of such other non-tax revenues as may be available for those purposes."
SECTION 15. Upon approval by the Governor, this act takes effect July 1, 1997, except as otherwise provided./
Amend title to conform.
Senator DRUMMOND spoke on the Bill.
Senator SETZLER proposed the following Amendment No. P1-O (409R040.NGS), which was tabled:
Amend the amendment bearing document number 409r030.ppl, as and if amended, page 17, by deleting subsection (3) of Section 6-1-710 in its entirety.
Amend the amendment further, as and if amended, page 17, by deleting subsection (A) of Section 6-1-720 and inserting in lieu thereof the following:
/A local governing body may impose, by ordinance, a local hospitality tax not to exceed two percent of the charges for food and beverages. However, the local hospitality tax may be imposed only upon a two-thirds vote of the governing body. The governing body of a county may not impose a local hospitality tax in excess of one percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body./
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Giese Glover Hayes Hutto Land Lander Leventis Moore O'Dell Passailaigue Patterson Ravenel Waldrep Washington
Alexander Courson Elliott Fair Martin McConnell Mescher Peeler Rose Russell Ryberg Setzler Thomas Wilson
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. O (409R030.PPL), which was adopted:
Amend the committee report, as and if amended, by striking all after the enacting words and inserting in lieu thereof:
/SECTION 1. Section 4-9-55 of the 1976 Code is amended to read:
"Section 4-9-55. (A) No A county may not be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:
(1) funds have been appropriated that have been estimated by the Division of Budget and Analyses at the time of enactment to be sufficient to fund the expenditures;
(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;
(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;
(4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement.
(B) Except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.
(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the judicial department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) (5) the Department of Education;
(7) special appropriations acts;
(8) (6) laws reauthorizing but not expanding then-existing statutory authority;
(9) (7) laws having a fiscal impact of less than ten cents per capita on a statewide basis; laws creating, modifying, or repealing noncriminal infractions.
(D) The duties, requirements, and obligations imposed by general laws in effect on July 1, 1993, are not suspended by the provisions of this section.
(E) A provision of, or amendment to, an appropriation bill that contains a permanent or temporary provision of law must be adopted by a separate vote of the General Assembly in the manner provided in subsections (A) through (D) of this section. Provided, however, that once a provision or amendment to an appropriation bill is adopted, the vote to adopt or reject an appropriation bill on second reading, third reading, or adoption of the conference committee or free conference committee report is not subject to the provisions of subsections (A) through (D) of this section."
SECTION 2. Sections 4-10-10 through 4-10-100 of the 1976 Code are hereby designated as Article 1, entitled "Local Option Sales Tax".
SECTION 3. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-300. Short title.
This article may be cited as the 'Capital Project Sales Tax Act'.
Section 4-10-310. Imposition of tax.
Subject to the requirements of this article, the county governing body may impose a one percent sales and use tax by ordinance, subject to a referendum, within the county area or a portion of the county area, for a specific purpose or purposes and for a limited amount of time to collect a limited amount of money. The revenues collected pursuant to this article may be used to defray debt service on bonds issued to pay for projects authorized in this article. However, at no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this article, pursuant to Chapter 37 of Title 4, or pursuant to any local law enacted by the General Assembly.
Section 4-10-320. Commission creation; composition.
(A) The governing body of any county is authorized to create a commission subject to the provisions of this section. The commission consists of six members, all of whom must be residents of the county, appointed as follows:
(1) The governing body of the county must appoint three members of the commission.
(2) The municipalities in the county must appoint three members, who must be residents of incorporated municipalities within the county, and who are selected according to the following mechanism:
(a) The total population of all incorporated municipalities within the county, as determined by the most recent United States census, must be divided by three, the result being an apportionate average.
(b) The respective population of each municipality in the county must be divided by the apportionate average to determine an appointive index.
(c) Each municipality in the county appoints a number of members to the commission equal to the whole number indicated by their appointive index. However, no single municipality may appoint more than two members to the commission; unless there is only one municipality in the county, and in such case the municipality is entitled to three appointments to the commission.
(d) When less than three members are selected to the commission in accordance with the prescribed appointive index method, the remaining member or members must be selected in a joint meeting of the commission appointees of the municipalities in the county. The member or members must be chosen from among the residents of the municipalities in the county that before this time have not provided a representative for the commission.
(e) In the event no municipality is entitled to appoint a member to the commission pursuant to the formula in subitem (c) of this subsection, the municipality with the highest appointive index must be deemed to have an appointive index of one.
(B) When the governing body of any county creates a commission, it must be created in accordance with the procedures specified in subsection (A) and only upon the request of the governing body of the county. If within the thirty-day period following the adoption of a resolution to create the commission, one or more of the municipalities fails or refuses to appoint their proportionate number of members to the commission, the county governing body must appoint an additional number of members equal to the number that any such municipality is entitled to appoint. A vacancy on the commission must be filled in the manner of the original appointment.
(C) The commission created pursuant to this section must consider proposals for funding capital projects within the county area. The commission then formulates the referendum question that is to appear on the ballot pursuant to Section 4-10-330(D).
Section 4-10-330. Contents of ballot question; purpose for which proceeds of tax to be used.
(A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county governing body containing the ballot question formulated by the commission pursuant to subsection 4-10-320(C), subject to referendum approval in the county. The ordinance must specify:
(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:
(a) highways, roads, streets, and bridges;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) of this subsection;
(g) any combination of the projects described in subitems (a) through (f) of this item;
(2) the maximum time, stated in terms of calendar or fiscal years or quarters, or a combination thereof, not to exceed seven years from the date of imposition, for which the tax may be imposed;
(3) the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax; and
(4) any other condition precedent, as determined by the commission, to the imposition of the sales and use tax authorized by this article or condition or restriction on the use of sales and use tax revenue collected pursuant to this article.
(B) When the tax authorized by this article is imposed for more than one purpose, the enacting ordinance must set forth the priority in which the net proceeds are to be expended for the purposes stated. The enacting ordinance may set forth a formula or system by which multiple projects are funded simultaneously.
(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. The referendum must be held only on the Tuesday following the first Monday in November in general election years. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law.
(D) The referendum question to be on the ballot must read substantially as follows:
'Must a special one percent sales and use tax be imposed in (county) for not more than (time) to raise the amounts specified for the following purposes?
(1) $______ for _________
(2) $______ for _________
(3) etc.
Section 6-1-300. Definitions.
As used in the article:
(1) 'Consumer price index' means the consumer price index for all-urban consumers published by the U.S. Department of Labor. In the event of a revision of the consumer price index, the index that is most consistent with the consumer price index for all-urban consumers as calculated in 1996 must be used.
(2) 'Intergovernmental transfer of funding responsibility' means an act, resolution, court order, administrative order, or other action by a higher level of government that requires a lower level of government to use its own funds, personnel, facilities, or equipment.
(3) 'Local governing body' means the governing body of a county, municipality, or special purpose district. As used in Section 6-1-320 only, local governing body also refers to the body authorized by law to levy school taxes.
(4) 'New tax' is a tax that the local governing body had not enacted as of December 31, 1996.
(5) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
(6) 'Service or user fee' means a charge required to be paid in return for a particular government service or program made available to the payer that benefits the payer in some manner different from the members of the general public not paying the fee. 'Service or user fee' also includes 'uniform service charges'.
(7) 'Specifically authorized by the General Assembly' means an express grant of power:
(a) in a prior act;
(b) by this act; or
(c) in a future act.
Section 6-1-310. Prohibition on imposition of new local taxes.
A local governing body may not impose a new tax after December 31, 1996, unless specifically authorized by the General Assembly.
Section 6-1-315. Limitation on imposition or increase of business license tax.
By ordinance adopted by a positive majority vote, a local governing body may impose a business license tax or increase the rate of a business license tax, authorized by Sections 4-9-30(12) and 5-7-30.
Section 6-1-320. Millage rate increase limitation; exceptions.
(A) Notwithstanding Section 12-37-251(E), a local governing body may only increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the prior tax year to the extent of the increase in the consumer price index for the preceding fiscal year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate.
(B) Notwithstanding the limitation upon millage rate increases contained in subsection (A), the millage rate limitation may be suspended and the millage rate may be increased for the following purposes:
(1) in response to a natural, environmental, or other disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with state legislative, administrative, or judicial intergovernmental transfers of funding responsibility requiring the use of county or municipal funds, personnel, facilities, or equipment;
(4) to offset a reduction in the total property tax base used to set the millage rate for the previous property tax year;
(5) to offset a reduction in revenue received from the local government fund;
(6) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030, if applicable.
(C) The millage rate limitation provided for in subsection (A) of this section may be overridden and the millage rate may be further increased by a positive majority vote of the appropriate governing body. The vote must be taken at a specially-called meeting held solely for the purpose of taking a vote to increase the millage rate. The governing body must provide public notice of the meeting notifying the public that the governing body is meeting to vote to override the limitation and increase the millage rate. Public comment must be received by the governing body prior to the override vote.
(D) The restriction contained in this section does not affect millage that is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
(E) Notwithstanding any provision contained herein, this article does not and may not be construed to amend or to repeal the rights of a legislative delegation to set or restrict school district millage, and this article does not and may not be construed to amend or to repeal any caps on school millage provided by current law or statute or limitations on the fiscal autonomy of a school district as currently in existing law.
(F) The positive majority vote of the governing body required by this section does not apply to school districts that have their budget approved by qualified electors at a town meeting.
Section 6-1-330. Local fee imposition limitations.
(A) A local governing body, by ordinance approved by a positive majority, is authorized to charge and collect a service or user fee. A local governing body must provide public notice of any new service or user fee being considered and the governing body is required to hold a public hearing on any proposed new service or user fee prior to final adoption of any new service or user fee. Public comment must be received by the governing body prior to the final reading of the ordinance to adopt a new service or user fee. A fee adopted or imposed by a local governing body prior to December 31, 1996, remains in force and effect until repealed by the enacting local governing body, notwithstanding the provisions of this section.
(B) The revenue derived from a service or user fee imposed to finance the provision of public services must be used to pay costs related to the provision of the service or program for which the fee was paid. If the revenue generated by a fee is five percent or more of the imposing entity's prior fiscal year's total budget, the proceeds of the fee must be kept in a separate and segregated fund from the general fund of the imposing governmental entity.
(C) If a governmental entity proposes to adopt a service or user fee to fund a service that was previously funded by property tax revenue, the notice required pursuant to Section 6-1-80 must include that fact in the text of the published notice."
SECTION 8. Title 6, Chapter 1 of the 1976 Code is amended by adding:
Section 6-1-500. Short title.
This article may be cited as the 'Local Accommodations Tax Act'.
Section 6-1-510. Definitions.
As used in this article:
(1) 'Local accommodations tax' means a tax on the gross proceeds derived from the rental or charges for accommodations furnished to transients as provided in Section 12-36-920(A) and which is imposed on every person engaged or continuing within the jurisdiction of the imposing local governmental body in the business of furnishing accommodations to transients for consideration.
(2) 'Local governing body' means the governing body of a county or municipality.
(3) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
Section 6-1-520. Imposition of local accommodations tax.
(A) A local governing body may impose, by ordinance, a local accommodations tax, not to exceed three percent. However, an ordinance imposing the local accommodations tax must be adopted by a positive majority vote. The governing body of a county may not impose a local accommodations tax in excess of one and one-half percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body.
(B) All proceeds from a local accommodations tax must be kept in a separate fund segregated from the imposing entity's general fund. All interest generated by the local accommodations tax fund must be credited to the local accommodations tax fund.
Section 6-1-530. Use of revenue from local accommodations tax.
(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the local accommodations tax authorized in this article may also be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
Section 6-1-540. Cumulative rate of local accommodations tax. The cumulative rate of county and municipal local accommodations taxes for any portion of the county area may not exceed three percent, unless the cumulative total of such taxes were in excess of three percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed as of December 31, 1996.
Section 6-1-550. Local accommodations tax revenue upon annexation.
In an area of the county where the county has imposed a local accommodations tax that is annexed by a municipality, the municipality must receive only that portion of the revenue generated in excess of the county local accommodations tax revenue for the previous twelve months in the area annexed.
Section 6-1-560. Real estate agents required to report when rental property listing dropped.
Real estate agents, brokers, corporations, or listing services required to remit taxes under this section must notify the appropriate local governmental entity or entities if rental property, previously listed by them, is dropped from their listings."
SECTION 9. Chapter 6, Title 1 of the 1976 Code is amended by adding:
Section 6-1-700. Short title.
This article may be cited as the 'Local Hospitality Tax Act'.
Section 6-1-710. Definitions.
As used in the article:
(1) 'Local governing body' means the governing body of a county or municipality.
(2) 'Local hospitality tax' is a tax on the sales of prepared meals and beverages sold in establishments or sales of prepared meals and beverages sold in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine.
(3) 'Positive majority' means a vote for adoption by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the imposition is required.
Section 6-1-720. Imposition of local hospitality tax.
(A) A local governing body may impose, by ordinance, a local hospitality tax not to exceed two percent of the charges for food and beverages. However, an ordinance imposing the local hospitality tax must be adopted by a positive majority vote. The governing body of a county may not impose a local hospitality tax in excess of one percent within the boundaries of a municipality without the consent, by resolution, of the appropriate municipal governing body.
(B) All proceeds from a local hospitality tax must be kept in a separate fund segregated from the imposing entity's general fund. All interest generated by the local hospitality tax fund must be credited to the local hospitality tax fund.
Section 6-1-730. Use of revenue from local hospitality tax.
(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings, including, but not limited to, civic centers, coliseums, and aquariums;
(2) cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand.
(B) In a county in which at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the hospitality tax authorized in this article may be used for the operation and maintenance of those items provided in (A)(1) through (6) including police, fire protection, emergency medical services, and emergency-preparedness operations directly attendant to those facilities.
Section 6-1-740. Cumulative rate of local hospitality tax.
The cumulative rate of county and municipal hospitality taxes for any portion of the county area may not exceed two percent, unless the cumulative total of such taxes were in excess of two percent or were authorized to be in excess of two percent prior to December 31, 1996, in which case the cumulative rate may not exceed the rate that was imposed or adopted as of December 31, 1996.
Section 6-1-750. Local hospitality tax revenue upon annexation.
In an area of the county where the county has imposed a local hospitality tax that is annexed by a municipality, the municipality must receive only that portion of the revenue generated in excess of the county local hospitality tax revenue for the previous twelve months in the area annexed."
SECTION 10. Notwithstanding any provision of this act, any ordinance enacted by a county or municipality prior to March 15, 1997, imposing an accommodations fee which does not exceed the three percent maximum cumulative rate prescribed in Section 6-1-540, is calculated upon a base consistent with Section 6-1-510(1), and the revenue from which is used for the purposes enumerated in Section 6-1-530, remains authorized and effective after the effective date of this act and the enacting county or municipality is authorized to issue bonds, pursuant to Article X, Section 14(10) of the Constitution of this State, utilizing the procedures of Section 4-29-68, for the purposes enumerated in Section 6-1-530, and to retire such debt using the proceeds of such an accommodations fee ordinance and the pledge of such other non-tax revenues as may be available for those purposes."
SECTION 11. Upon approval by the Governor, this act takes effect July 1, 1997, except as otherwise provided./
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator MARTIN assumed the Chair at 2:00 P.M.
Senator LEVENTIS continued speaking on the amendment.
Senator HAYES asked unanimous consent to make a motion to amend the amendment as follows:
Amend the amendment bearing document number 409r030.ppl, as and if amended, page 6, by striking subsection (C) of Section 4-10-330 and inserting in lieu thereof the following:
/(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on the Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law./
Amend title to conform.
Amendment No. O, as amended, was adopted.
The question then was the adoption of the committee amendment, as amended.
The committee amendment, as amended, was adopted.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator WILSON desired to be recorded as voting against the third reading of the Bill.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:30 P.M. and the following Acts and Joint Resolutions were ratified:
(R50) H. 4114 (Word version) -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT TEACHERS AND STAFF OF THE DARLINGTON COUNTY SCHOOL DISTRICT ARE NOT REQUIRED TO MAKE UP THE SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, DURING SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS.
(R51) S. 56 (Word version) -- Senator Wilson: AN ACT TO PROVIDE THAT, WHENEVER "REGISTER OF MESNE CONVEYANCES" APPEARS IN THE ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY OR IN THE SOUTH CAROLINA CODE OF LAWS, 1976, THE TERM MEANS "REGISTER OF DEEDS"; TO DIRECT THE CODE COMMISSIONER TO CHANGE REFERENCES; AND TO AUTHORIZE THE CONTINUANCE OF THE TITLE "REGISTER OF MESNE CONVEYANCES" FOR CERTAIN PERSONS UNDER CERTAIN CONDITIONS. (R52) S. 70 (Word version) -- Senator McConnell: AN ACT TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-120 SO AS TO AUTHORIZE THE CHAIRMAN OF THE JUDICIAL MERIT SELECTION COMMISSION TO SELECT CITIZENS COMMITTEES ON JUDICIAL QUALIFICATIONS FOR GEOGRAPHIC DISTRICTS SET BY THE COMMISSION AND PROVIDE FOR THE DUTIES OF THE CITIZENS COMMITTEES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND THE REQUIREMENT THAT A RETIRED JUSTICE OR JUDGE MAKE AN IRREVOCABLE ELECTION AS TO WHETHER OR NOT HE WISHES TO ENGAGE IN THE PRACTICE OF LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE AS A JUSTICE OR JUDGE IN THE COURTS OF THIS STATE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THIS ELECTION SHALL BE MADE; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF MASTERS-IN-EQUITY BY THE GOVERNOR, SO AS TO MAKE THIS APPOINTMENT PROCEDURE SUBJECT TO THE PROVISIONS OF SECTION 2-19-110 REFERENCED ABOVE; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE THE PERFORMANCE OF ANY DUTY RELATED TO THEIR SERVICE BY MEMBERS OF THE JUDICIAL MERIT SELECTION COMMISSION AND THE CITIZENS COMMITTEES ON JUDICIAL SELECTION. (R53) S. 77 (Word version) -- Senators Holland and Giese: AN ACT TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S CONCURRENT CIVIL JURISDICTION, SO AS TO PROVIDE THAT A MAGISTRATE SHALL HAVE SUCH JURISDICTION IN ALL ACTIONS PROVIDED FOR IN THIS SECTION, WITH CERTAIN EXCEPTIONS, WHEN A FILED COUNTERCLAIM INVOLVES A SUM NOT TO EXCEED FIVE THOUSAND DOLLARS, AND TO CORRECT A REFERENCE TO REFLECT THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE; AND TO AMEND SECTION 22-3-30, RELATING TO TRANSFERRING A CLAIM AND COUNTERCLAIM FROM MAGISTRATE'S COURT TO THE COURT OF COMMON PLEAS IF A SUCCESSFUL COUNTERCLAIM WOULD EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, SO AS TO PROVIDE THAT WHEN A COUNTERCLAIM IS FILED WHICH IF SUCCESSFUL WOULD EXCEED THE MAGISTRATE'S CIVIL JURISDICTIONAL AMOUNT AS PROVIDED BY LAW, IT MUST BE TRANSFERRED TO THE COURT OF COMMON PLEAS.
(R54) S. 106 (Word version) -- Senator Passailaigue: AN ACT TO AMEND SECTION 50-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES FOR TAKING MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO AUTHORIZE PERMITS FOR HOLDING AND PROPAGATION FACILITIES; AND TO AMEND SECTION 50-17-165, RELATING TO THE TAKING OR POSSESSING OF HORSESHOE CRABS, SO AS TO AUTHORIZE PERMITS ISSUED UNDER THIS SECTION TO INCLUDE PROVISIONS FOR HOLDING FACILITIES AND TO ALLOW HORSESHOE CRABS TO BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT. (R55) S. 135 (Word version) -- Senator McConnell: AN ACT TO AMEND ARTICLE 3, CHAPTER 43, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-221 SO AS TO PROVIDE THAT PROPERTY IN WHICH THE OCCUPANT HAS AN INTEREST PURSUANT TO AN INSTALLMENT CONTRACT FOR SALE WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, OR ITS ASSIGNEE, IS ELIGIBLE FOR THE ASSESSMENT RATIO PROVIDED IN SECTION 12-43-220(c) AND THE EXEMPTIONS PROVIDED IN SECTIONS 12-37-220, 12-37-250, AND 12-37-290, AS LONG AS THE ADDITIONAL REQUIREMENTS OF THOSE SECTIONS, OTHER THAN THE OWNERSHIP REQUIREMENT, ARE ALSO MET AND TO PROVIDE FOR REFUNDS UPON APPLICATION.
(R56) S. 226 (Word version) -- Senator Bryan: AN ACT TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO INCREASE FROM ONE TO THREE YEARS AFTER WHICH A DEFENDANT MAY HAVE HIS RECORD EXPUNGED, CHANGE FROM MANDATORY TO OPTIONAL THE REQUIREMENT THAT THE CIRCUIT COURT ISSUE AN ORDER EXPUNGING THE RECORD AND PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO JUNE 1, 1992.
(R57) S. 285 (Word version) -- Senators Alexander and J. Verne Smith: AN ACT TO AMEND CHAPTER 8, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM TRADE SECRETS ACT", SO AS TO, AMONG OTHER THINGS, CHANGE THE NAME AND SCOPE OF THE CHAPTER TO THE "SOUTH CAROLINA TRADE SECRETS ACT", CHANGE THE DEFINITION OF VARIOUS TERMS, ADD NEW DEFINITIONS, AND ADD CERTAIN PROVISIONS OF LAW.
(R58) S. 292 (Word version) -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996"; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO PROVIDE THAT A PERMIT MUST BE NO LARGER THAN THREE AND ONE-HALF INCHES BY THREE INCHES IN SIZE. (R59) S. 308 (Word version) -- Senators McGill, Lander, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Rose, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: AN ACT TO AMEND SECTION 56-2-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE BIENNIAL LICENSE PLATES AND REVALIDATION DECALS. (R60) S. 360 (Word version) -- Senators Drummond, Bryan, Giese and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
(R61) S. 361 (Word version) -- Senator Mescher: A JOINT RESOLUTION TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION MAY GRANT A WAIVER FROM THESE REQUIREMENTS IF THE APPROPRIATE SCHOOL DISTRICT SUPERINTENDENT AND ATHLETIC DIRECTOR CERTIFY THAT A STUDENT'S INELIGIBILITY TO PARTICIPATE IS DUE TO MISINFORMATION CONCERNING ELIGIBILITY REQUIREMENTS PROVIDED BY DISTRICT PERSONNEL.
(R62) S. 416 (Word version) -- Education Committee: AN ACT TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF AND PERFORMANCE STANDARDS FOR SCHOOL PRINCIPALS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH SCHOOL PRINCIPALS ARE EVALUATED AND PROVIDED DEVELOPMENTAL TRAINING.
(R63) S. 428 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL POSITIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R64) S. 430 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R65) S. 433 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ATTENDANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R66) S. 446 (Word version) -- Senator McConnell: AN ACT TO AMEND SECTIONS 58-25-30, AS AMENDED, 58-25-35, 58-25-40, AS AMENDED, AND 58-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO CHANGE EACH REFERENCE OF "CITY" TO "MUNICIPALITY". (R67) S. 479 (Word version) -- Senator Ravenel: AN ACT TO AMEND SECTION 50-17-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COASTAL FISHERIES LAWS, SO AS TO REVISE CERTAIN DEFINITIONS; SECTION 50-17-110, AS AMENDED, RELATING TO LICENSE REQUIREMENTS OF CAPTAINS OR MASTERS OF TRAWLING VESSELS, SO AS TO PROVIDE THAT THE LICENSE IS VALID ONLY FOR THE SALE OF SEAFOOD PRODUCTS CAUGHT BY LAWFUL TRAWLING; SECTION 50-17-170, AS AMENDED, RELATING TO APPLICATIONS FOR SHRIMP OR CRAB BOAT LICENSES, SO AS TO FURTHER PROVIDE FOR THE RESIDENCE REQUIREMENTS IN REGARD TO SUCH LICENSES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; SECTION 50-17-180, AS AMENDED, RELATING TO WHOLESALE AND RETAIL SEAFOOD DEALER'S LICENSES, SO AS TO REQUIRE NONRESIDENT FISHERMEN TO HAVE AN ADDITIONAL LICENSE FROM THE DEPARTMENT UNDER CERTAIN CONDITIONS, PROVIDE FOR THE MANNER IN WHICH CERTAIN LICENSES MAY BE USED, AND REQUIRE SALES AGENTS AT TEMPORARY LOCATIONS TO HAVE A COPY OF THE WHOLESALE DEALER'S LICENSE IN THEIR POSSESSION; SECTION 50-17-210, AS AMENDED, RELATING TO LICENSES FOR POWERBOATS AND BARGES, SO AS TO PROVIDE THAT ANY RESIDENT OR NONRESIDENT BEFORE USING CRAB POTS FOR COMMERCIAL PURPOSES MUST ACQUIRE A LICENSE FROM THE DEPARTMENT FOR SUCH POTS, AND TO PROVIDE FOR THE FEES AND CONDITIONS OF USE FOR THESE LICENSES, AND TO PROVIDE THAT CRAB POTS FOR PERSONAL USE ARE NOT REQUIRED TO HAVE THE PERSON'S NAME ATTACHED TO THE FLOAT; SECTION 50-17-250, AS AMENDED, RELATING TO THE TREATMENT OF NONRESIDENTS IN THE SAME MANNER SOUTH CAROLINA RESIDENTS ARE TREATED IN THE NONRESIDENT'S STATE, SO AS TO REVISE THE LICENSE FEES WHICH SUCH NONRESIDENTS MUST PAY; SECTION 50-17-716, AS AMENDED, RELATING TO CRAB POTS AND CRAB POT FLOATS, SO AS TO REVISE THE MANNER IN WHICH SUCH CRAB POTS INCLUDING THOSE USED FOR COMMERCIAL PURPOSES AND FLOATS MUST BE CONSTRUCTED AND IDENTIFIED; TO ADD SECTION 50-17-718, SO AS TO REQUIRE AUTHORIZATION TO USE ANOTHER PERSON'S CRAB POTS TO BE IN THE POSSESSION OF THE PERSON USING THEM IF NOT THE OWNER, TO PROVIDE THAT NONRESIDENTS MAY NOT USE CRAB POT LICENSES AT THE RESIDENT FEE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-17-720, AS AMENDED, RELATING TO THE MINIMUM SIZE OF BLUE CRABS WHICH MAY BE CAUGHT OR POSSESSED, SO AS TO REVISE CERTAIN EXCEPTIONS TO THIS PROVISION AND TO AUTHORIZE THE DEPARTMENT TO ISSUE TO A PERSON ENGAGED IN CLAM MARICULTURE A PERMIT FOR THE CAPTURE AND TEMPORARY POSSESSION AND TRANSPORT OF BLUE CRABS OR STONE CRABS; TO ADD SECTION 50-17-722 SO AS TO PROVIDE FOR THE CIRCUMSTANCES AND TIMES WHEN IT IS LAWFUL TO SET, FISH, AND LOCATE CRAB POTS AND POSSESS CRABS, AND TO TRANSPORT CRABS OR PARTS OR PRODUCTS THEREOF; TO AMEND SECTION 50-17-770, AS AMENDED, RELATING TO REGISTRATION NUMBERS ON LICENSED CRAB TRAWLERS, SO AS TO REQUIRE VESSELS USED IN FISHING FOR BLUE CRABS WITH TRAPS OR TRANSPORTING BLUE CRABS HARVESTED FOR COMMERCIAL PURPOSES TO DISPLAY CERTAIN IDENTIFICATION NUMBERS; SECTION 50-17-1120, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR VIOLATION OF THE COASTAL FISHERIES LAWS, SO AS TO MAKE THE USING OF A FALSIFIED APPLICATION OR DOCUMENTATION IN CONNECTION WITH A RESIDENT LICENSE AN EIGHTEEN POINT VIOLATION; SECTION 50-20-20, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO REVISE CERTAIN DEFINITIONS; AND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STAMP REQUIREMENT UNDER THE SOUTH CAROLINA RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT, SO AS TO MAKE TECHNICAL CORRECTIONS. (R68) S. 480 (Word version) -- Senator Courtney: AN ACT TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
(R69) S. 484 (Word version) -- Senators Leventis, Patterson, Peeler, J. Verne Smith and Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S HEALTH SERVICES.
(R70) S. 512 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R71) S. 513 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R72) S. 515 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHEDULING FOR INSTRUCTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R73) S. 516 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R74) S. 517 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R75) S. 521 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PILOT PROJECTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R76) S. 522 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R77) S. 523 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CLASS SIZE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2131, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R78) S. 524 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FIELD TRIPS AND EXCURSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R79) S. 525 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2130, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R80) S. 526 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GUIDANCE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R81) S. 527 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R82) S. 553 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R83) S. 586 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R84) S. 619 (Word version) -- Senators Ryberg and Moore: AN ACT TO AMEND SECTION 12-36-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT VETERINARIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF TANGIBLE PERSONAL PROPERTY SOLD TO THE VETERINARIAN WHETHER USED IN THE RENDERING OF PROFESSIONAL SERVICES OR SOLD BY THE PRACTICE NOT AS PART OF A PROFESSIONAL SERVICE.
(R85) S. 620 (Word version) -- Senator J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-56-55 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT DO NOT APPLY TO PARENT-TEACHER ASSOCIATIONS AFFILIATED WITH ANY SCHOOL OR TO LOCAL CHAMBERS OF COMMERCE IF NONE OF THEIR FUND-RAISING ACTIVITIES ARE CARRIED ON BY PROFESSIONAL SOLICITORS.
(R86) S. 652 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO PROXIMATE AUDIENCE PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2061, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R87) H. 3135 (Word version) -- Rep. Webb: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY ARE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND ARE ADMISSIBLE IF PROPERLY AUTHENTICATED IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE. (R88) H. 3139 (Word version) -- Reps. Wilkins, Meacham, Knotts and Robinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-767 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN ADDITIONAL SERVICES TO CHILDREN IN FOSTER CARE AND FOSTER PARENTS, TO PROVIDE PENALTIES AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF THE FOSTER CARE SYSTEM; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO CONTENTS AND ENFORCEMENT OF THE PERMANENT PLAN FOR CHILDREN IN FOSTER CARE, SO AS TO ESTABLISH THE MINIMUM NUMBER OF CONTACTS A SOCIAL WORKER MUST HAVE WITH A CHILD IN FOSTER CARE AND TO REQUIRE THE PROVISIONS OF THE PLAN TO BE INCORPORATED IN A COURT ORDER REQUIRING THE DEPARTMENT TO PROVIDE SERVICES IN ACCORDANCE WITH THE PLAN; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONDUCT ADOPTION ASSESSMENTS AND CHILD-SPECIFIC RECRUITING FOR POTENTIAL ADOPTIVE FAMILIES AND TO REVISE VARIOUS DISPOSITION CRITERIA FOR CERTAIN CHILDREN IN FOSTER CARE; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO ADD ABANDONMENT OF A CHILD; TO AMEND SECTION 20-7-1574, AS AMENDED, RELATING TO COURT ORDERS TERMINATING PARENTAL RIGHTS, SO AS TO DECREASE THE TIME WITHIN WHICH AN AGENCY HAS TO DEVELOP AND SUBMIT A PLAN FOR PERMANENT PLACEMENT OF A CHILD WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED; AND TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM CHILDREN MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO ADD PERSONS WHO HAVE COMMITTED CERTAIN CRIMES.
(R89) H. 3153 (Word version) -- Reps. Simrill and Haskins: AN ACT TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.
(R90) H. 3169 (Word version) -- Rep. Cato: AN ACT TO AMEND TITLE 40, CHAPTER 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, 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, AMONG OTHER THINGS, TO EXPAND THE RESPONSIBILITIES OF A "BROKER-IN-CHARGE", TO ESTABLISH THE PARAMETERS, DUTIES, AND RESPONSIBILITIES FOR AGENCY RELATIONSHIPS IN REAL ESTATE, AND TO REQUIRE LICENSEES TO HAVE A HIGH SCHOOL DIPLOMA OR THE EQUIVALENT, TO INCREASE THE HOURS REQUIRED FOR A BROKER'S LICENSE, TO ELIMINATE THE TWO-TIERED SALES EXAMINATION, TO ESTABLISH OPTIONS FOR SETTLING EARNEST MONEY DISPUTES AND TO REVISE FINES; TO AMEND SECTION 12-24-70, RELATING TO AFFIDAVITS REQUIRED TO BE FILED WITH DEEDS STATING THE VALUE OF THE REALTY, SO AS TO PROVIDE THAT AN AFFIDAVIT IS REQUIRED ONLY IF THE TOTAL VALUE IS NOT SET FORTH EXPLICITLY IN THE DEED AND TO PROVIDE THAT EXISTING LICENSING FEES REMAIN IN EFFECT. (R91) H. 3399 (Word version) -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: AN ACT TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE. (R92) H. 3404 (Word version) -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: AN ACT TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE "PUBLIC UTILITIES PROVIDING GAS SERVICES" FROM THE APPLICABILITY OF THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE PROVISION THAT THE PUBLIC SERVICE COMMISSION SHALL ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT PROCEDURES THAT ENCOURAGE ELECTRICAL UTILITIES AND PUBLIC UTILITIES PROVIDING GAS SERVICES SUBJECT TO THE COMMISSION'S JURISDICTION TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; TO AMEND SECTION 58-37-40, RELATING TO THE REQUIREMENT THAT ELECTRICAL UTILITIES, PUBLIC UTILITIES PROVIDING GAS SERVICES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY PREPARE INTEGRATED RESOURCE PLANS, SO AS TO DELETE "PUBLIC UTILITIES PROVIDING GAS SERVICES" AND GAS UTILITIES REGULATED BY THE PUBLIC SERVICE COMMISSION FROM THE REQUIREMENTS AND COVERAGE OF THIS SECTION; AND TO REPEAL SUBSECTION (F) OF SECTION 58-37-40, RELATING TO THE PROVISION THAT NO PROCEDURES FOR INTEGRATED RESOURCE PLANNING FOR UTILITIES PROVIDING NATURAL GAS SERVICES MAY BE RECOMMENDED NOR MAY INTEGRATED RESOURCE PLAN REPORTING BE REQUIRED OF UTILITIES PROVIDING NATURAL GAS SERVICES UNLESS AND UNTIL INTEGRATED RESOURCE PLANNING PROCEDURES FOR UTILITIES PROVIDING NATURAL GAS SERVICES ARE ADOPTED BY THE PUBLIC SERVICE COMMISSION.
(R93) H. 3420 (Word version) -- Rep. Rhoad: AN ACT TO AMEND SECTION 47-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF SWINE, SO AS TO PROVIDE FOR RELIANCE ON PSEUDORABIES ERADICATION PROGRAM STANDARDS WHEN IMPORTING SWINE FOR FEEDING OR OTHER THAN FEEDING PURPOSES.
(R94) H. 3452 (Word version) -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: AN ACT TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.
(R95) H. 3459 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM ELECTRONIC BENEFITS TRANSFER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R96) H. 3522 (Word version) -- Reps. Sharpe, Riser, Witherspoon, Webb and Barfield: AN ACT TO AMEND SECTION 39-22-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR WAREHOUSE RECEIPT FORMS DESIGNED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE, SO AS TO AUTHORIZE THE USE OF ELECTRONIC WAREHOUSE RECEIPTS. (R97) H. 3535 (Word version) -- Reps. Sharpe, T. Brown and Rhoad: AN ACT TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.
(R98) H. 3541 (Word version) -- Rep. Cotty: AN ACT TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS REASONABLY POSSIBLE AFTER THE REPORT IS MADE.
(R99) H. 3634 (Word version) -- Labor, Commerce and Industry Committee: AN ACT TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO PROCEDURES FOR MAKING WRITTEN MOTIONS, PETITIONS, AND APPLICATIONS TO THE BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 2156, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R100) H. 3636 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSING AND PRACTICE OF PUBLIC ACCOUNTANTS AND CERTIFIED PUBLIC ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R101) H. 3679 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R102) H. 3680 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R103) H. 3681 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TOBACCO PLANT CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R104) H. 3704 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R105) H. 3705 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R106) H. 3767 (Word version) -- Reps. Townsend, Sharpe, G. Brown, Webb and Riser: AN ACT TO AMEND SECTION 57-3-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE WIDTH OF COTTON MODULAR VEHICLES.
(R107) H. 3788 (Word version) -- Reps. Wilder, Stoddard and Carnell: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO REVISE THE DATE FOR APPROVING THE BUDGET AND RECOMMENDING THE TAX MILLAGE, TO AUTHORIZE THE BOARDS OF TRUSTEES OF THESE DISTRICTS TO INCREASE MILLAGE RATES UP TO SEVEN MILLS A YEAR PLUS THE MILLAGE NECESSARY TO MEET MAINTENANCE OF EFFORT REQUIREMENTS, TO LIMIT THE TOTAL MILLAGE INCREASE IN A YEAR TO TEN MILLS, TO REQUIRE A "POSITIVE MAJORITY" TO APPROVE THE ANNUAL SCHOOL MILLAGE AND TO DEFINE "POSITIVE MAJORITY". (R108) H. 3807 (Word version) -- Reps. Sharpe and Witherspoon: AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GAME ZONES OF THIS STATE, SO AS TO REVISE THE COMPOSITION OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON FOR TAKING DEER IN GAME ZONES 1, 2, AND 4, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES IN GAME ZONES 1, 2, AND 4 BY REGULATION MAY ESTABLISH THE METHODS FOR HUNTING AND TAKING OF DEER AND MAY SET OTHER RESTRICTIONS FOR HUNTING AND TAKING DEER; TO AMEND SECTION 50-11-390, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO DECLARE OPEN SEASONS AND SET BAG LIMITS AND METHODS OF HUNTING OF ANTLERLESS DEER, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT IN THIS REGARD; AND TO REPEAL SECTION 50-11-395 RELATING TO THE ISSUANCE OF ANTLERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
(R109) H. 3943 (Word version) -- Reps. Walker, Littlejohn, Lee, Vaughn, Lanford, Allison, Hawkins, Davenport and D. Smith: AN ACT TO PROHIBIT A COMMISSIONER OF A VOLUNTEER FIRE DEPARTMENT ESTABLISHED BY A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY FROM SERVING OR ACTING AS A FIREFIGHTER FOR THAT VOLUNTEER FIRE DEPARTMENT.
(R110) H. 3957 (Word version) -- Reps. Cato, Vaughn, McMahand, Leach and F. Smith: AN ACT TO AFFIRM THE AUTHORITY OF THE STROUD MEMORIAL HOSPITAL DISTRICT COMMISSION IN GREENVILLE COUNTY TO SELL THE ASSETS OF THE DISTRICT TO THE STROUD FAMILY CARE CENTER, INC., AND TO AFFIRM THIS SALE; TO DISSOLVE THE DISTRICT, DISCHARGE THE COMMISSION MEMBERS FROM ALL DUTIES AND RESPONSIBILITIES, AND PROVIDE THAT THE ASSETS AND LIABILITIES OF THE DISTRICT ARE TRANSFERRED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE PARTIES; AND TO REPEAL ACT 1239 OF 1964 AND ACTS 613 AND 624 OF 1965, ALL RELATING TO THE STROUD MEMORIAL HOSPITAL DISTRICT.
(R111) H. 4040 (Word version) -- Reps. Kinon, M. Hines and Jennings: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND ENDING JUNE 30, 1998. (R112) H. 4083 (Word version) -- Rep. Bowers: A JOINT RESOLUTION TO PROVIDE THAT THE TEACHER IN-SERVICE DAY OF SEPTEMBER 5, 1996, MISSED IN SCHOOL DISTRICT NUMBER 1 OF HAMPTON COUNTY FOR SCHOOL YEAR 1996-97 BECAUSE OF A HURRICANE WARNING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT DAYS MISSED BECAUSE OF EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
By prior motion of Senator DRUMMOND, the Senate agreed to go into Executive Session.
On motion of Senator DRUMMOND, the seal of secrecy was removed and the Senate stood adjourned.
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Gene Neal of Rock Hill, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, May 16, 1997, it stand adjourned to meet next Tuesday, May 20, 1997, at 12:00 Noon, which motion was adopted.
At 3:05 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.
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