Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words recorded in Genesis, Chapter 31 (v.49) (NRSV):
"For Laban said to Jacob, 'The Lord watch
between you and me, when we are absent
one from the other'."
Let us pray.
Almighty God, in whose Name we began this session of our General Assembly with prayer: as we come to the session's closing hours we lift again our prayers of praise!
We lay before You our individual and corporate records of our stewardship.
Where our proposals have found favor in Your sight, grant swift and effective usefulness in the lives of our people.
Where we have erred in thought or word or deed, in small or large endeavors, grant us an opportunity in some future gathering to set things right.
Hear our silent prayer for each other.
May the Good Lord watch between us while we are absent from each other.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 22, 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, South Carolina Interagency Merit System Council, with term to commence June 30, 1997, and to expire June 30, 2002:
At-Large:
Mr. Leonard W. Mills, Jr., 409 Windy Road, Gilbert, S.C. 29054
Referred to the Committee on Finance.
May 22, 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, Advisory Board for the Autism Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1996, and to expire June 30, 2000:
4th Congressional District:
Ms. Angela B. Fender, 409 Longstreet Drive, Greer, S.C. 29650-3826
Referred to the Committee on Medical Affairs.
June 16, 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, Orangeburg County Probate Judge, with term to commence when confirmed and to expire January 6, 1998:
Ms. Vivian E. Ross-Bennett, 4262 Columbia Road, Orangeburg, S.C. 29118 VICE Margaret K. Thompson (deceased)
Received as information.
June 17, 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, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Clifford E. Berinsky, 4319 Inwood Drive, Rock Hill, S.C. 29732 VICE William L. Heinsohn (resigned)
Received as information.
June 10, 1997
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 358, R. 124, an Act:
TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
I am vetoing S. 358, R. 124, because, historically, appointments to the Board of Examiners in Optometry have not required the advice and consent of the Senate. I have been given no reason to justify the imposition of this requirement, and I do not believe that it is appropriate.
It is unfortunate that important legislation is being delayed by the addition of unnecessary provisions to a law that has worked well for years. I encourage the General Assembly to pass the original provisions of this Bill as quickly as possible.
For the above reasons, I am vetoing S. 358, R. 124 of 1997.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator BRYAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Cork Courson Courtney Drummond Ford Holland Hutto Land* Lander Martin McConnell McGill* Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin* Ravenel Reese Rose Russell Saleeby Setzler Smith, J. Verne Washington
Fair Ryberg Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
(R.146, S. 712 (Word version)) -- Senator Bryan: AN ACT TO AMEND ACT 1182 OF 1968, AS AMENDED, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO PROVIDE THAT THE MEMBERS SHALL BE PUBLICLY ELECTED AT-LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE INITIAL MEMBERS OF THE RECONSTITUTED BOARD.
June 10, 1997
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 712, R. 146, an Act:
TO AMEND ACT 1182 OF 1968, AS AMENDED. RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.
This veto is based upon my belief that S. 712, R. 146 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 712, R. 146.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator BRYAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Cork Courson Courtney Drummond Fair Ford Giese Gregory Holland Hutto Land Lander Leatherman Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Smith, J. Verne Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
(R202, S. 640 (Word version)) -- Senator Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY; AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
June 13, 1997
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 640, R. 202, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY, TO PROVIDE AN EXCEPTION, AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
I am vetoing S. 640, R. 202 because it creates an unnecessary level of bureaucracy and new fees. The legislation is also burdensome to the general public. Although the intent of the law is to regulate rallies for recreational vehicles, as worded, the Bill could be interpreted to regulate private and charitable groups as well.
For the above reason, I am vetoing S. 640, R. 202 of 1997.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator RANKIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Cork Courson Courtney Drummond Fair Ford Giese Gregory Holland Hutto Land Lander Leatherman Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Smith, J. Verne Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
On motion of Senator MOORE, pursuant to the authority established by the Senate and charge given to the subcommittee on April 30, 1997, with unanimous consent, the following guidelines were ordered printed in the journal.
1. The subcommittee may conduct hearings in the course of its investigation at which it may take testimony from witnesses and receive other evidence.
2. The hearings must be conducted in a fair and impartial manner, consistent with the protection of the constitutional rights of persons called to testify at such hearings and preservation of the public good.
3. The subcommittee may issue subpoenas, by majority vote of its members, requiring a person to appear before the subcommittee and be examined in reference to activities within the scope of the subcommittee's authority.
4. The subcommittee also may issue subpoenas or subpoenas duces tecum requiring any person to appear before the subcommittee and bring with him any books, papers, or other documents pertinent to activities within the scope of the subcommittee's authority.
5. Service of a subpoena must be at least seven days before the date of a hearing. Service must include a copy of the motion delineating the subcommittee's authority and a notice that a witness may be accompanied at the hearing by counsel of his own choosing.
6. Except upon a vote of the majority of the members of the subcommittee to go into executive session, all hearings in which witnesses are examined must be public but may not be televised, filmed, broadcast or electronically or mechanically recorded without approval of the subcommittee.
7. Each witness has the right to counsel who may advise the witness as to his rights in a manner prescribed by the subcommittee that is consistent with the witness' constitutional rights but does not obstruct the orderly conduct of the hearing.
8. The proceedings of the subcommittee shall be taken down by a certified court reporter and the subcommittee shall maintain a record of the proceedings in which testimony or other evidence is taken.
9. All testimony must be given under oath or affirmation administered by a member of the subcommittee or authorized committee staff.
10. Examination of a witness must be by the members of the subcommittee, it's designee, the subcommittee's counsel, or members of the subcommittee's staff who are so authorized.
11. A witness may file with the subcommittee for incorporation into the record of the hearing sworn written statements relevant to the purpose, subject matter, and scope of the subcommittee's investigation.
12. A person whose name is mentioned or who is otherwise identified during a hearing of the subcommittee and who, in the opinion of the subcommittee upon advice of counsel, may be adversely affected thereby, may upon his request appear personally before the subcommittee and testify in his own behalf or, with the subcommittee's consent, file a sworn written statement of facts or other documentary evidence for incorporation into the record. Such person has the same rights as witnesses who are subpoenaed.
13. A person is in contempt if he:
(a) fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;
(b) fails or refuses to answer any relevant question or fails or refuses to furnish any relevant book, paper, or other document subpoenaed by or on behalf of the subcommittee;
(c) commits any other act or offense against the subcommittee which, if committed against the General Assembly, would be a contempt.
14. A majority of the subcommittee members present may overrule the direction of a question by the examiner.
15. The subcommittee may, by a majority vote of its members, apply to the full Senate for a contempt citation. A person guilty of contempt is subject to punishment as the Senate may, in its inherent powers, impose, including imposition of a fine or imprisonment.
16. The subcommittee may continue to conduct its investigation during the interim between annual sessions. If the Senate has adjourned sine die, the committee may apply to the circuit court of Richland County for a contempt citation. During the interim, a person guilty of contempt is subject to punishment as the court may impose for contempt against any public body.
It is our understanding that the rules of the subcommittee to investigate Operation Lost Trust were to be printed in the Senate Journal. We wish to state that this printing in the Journal is not indicative of our agreement to this undertaking by the South Carolina Senate. We do not believe that this subcommittee possesses subpoena power nor do we endorse this action. Furthermore, the undertaking by this Senate subcommittee is outside the Senate's purview and would be more appropriately addressed by the Judicial Branch of South Carolina government.
Rule #2 indicates that "the hearings must be conducted in a fair and impartial manner." We believe that this rule would have had better standing had the make-up consisted of an equal representation from both political parties and had the membership recognized the seniority of the Senate in the subcommittee make-up.
On motion of Senator MARTIN, at 11:00 A.M., Senator ALEXANDER was granted a leave of absence until 12:30 P.M.
On motion of Senator WILSON, at 11:00 A.M., Senator HAYES was granted a leave of absence for today.
On motion of Senator HUTTO, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.
At 4:00 P.M., Senator HOLLAND requested a leave of absence for the balance of the day.
At 4:00 P.M., Senator MOORE requested a leave of absence for the balance of the day.
The following were introduced:
S. 829 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO CONGRATULATE BATTERY B 713TH AAA GUN BATTALION OF SOUTH CAROLINA NATIONAL GUARD, KERSHAW COUNTY, ON ITS FORTY-SEVENTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 830 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTIONS 27-37-20 AND 27-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EJECTMENT PROCEEDINGS AGAINST A TENANT, SO AS TO GIVE A TENANT FIVE DAYS, RATHER THAN TEN DAYS, TO SHOW CAUSE WHY HE SHOULD NOT BE EJECTED; TO AMEND SECTION 27-37-160, RELATING TO EXECUTION OF WRIT OF EJECTMENT, SO AS TO ALLOW A CONSTABLE OR DEPUTY SHERIFF TO EFFECTUATE EJECTMENT EVEN IF HE HAS LEFT THE PERSONAL PROPERTY OF THE TENANT IN THE DWELLING TO PROTECT IT FROM INCLEMENT WEATHER OR OTHER FORCES; AND TO MAKE GRAMMATICAL CHANGES.
Read the first time and referred to the Committee on Judiciary.
S. 831 (Word version) -- Senators Peeler, Patterson and Wilson: A SENATE RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA SENATE FOR THE DISTINGUISHED SERVICE OF MRS. LINDA AMICK OF IRMO UPON THE OCCASION OF HER RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND TO PUBLICLY RECOGNIZE, COMMEND, AND CONGRATULATE THIS TRULY FINE, OUTSTANDING PUBLIC SERVANT.
The Senate Resolution was adopted.
H. 4328 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. ANN COUNCIL OF DARLINGTON COUNTY UPON BEING NAMED THE 1996 SOUTH CAROLINA SCHOOL NURSE OF THE YEAR AND TO COMMEND HER FOR HER COMMITMENT TO HEALTH EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4330 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND JANE V. (CANDYE) SLAY, PRINCIPAL OF REDCLIFFE ELEMENTARY SCHOOL IN AIKEN AND ONE OF SOUTH CAROLINA'S MOST HONORED SCHOOL ADMINISTRATORS, UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4331 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF BENCH AND BAR SPOUSES, INCORPORATED, ON ITS FOURTH ANNIVERSARY AND WISHING IT MUCH SUCCESS IN ITS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4333 (Word version) -- Rep. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. DAVID T. SHANNON FOR HIS DISTINGUISHED CAREER AS A UNIVERSITY ADMINISTRATOR, PROFESSOR, AUTHOR, AND MINISTER OF THE GOSPEL UPON HIS RETIREMENT AS PRESIDENT OF ALLEN UNIVERSITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4334 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION CONGRATULATING EDWIN S. TAYLOR ON HIS RETIREMENT FROM THE CHARLESTON COUNTY PARK AND RECREATION COMMISSION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4335 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING CHIEF SUMMARY COURT JUDGE J. OSCAR ZOBEL FOR HIS DISTINGUISHED RECORD OF JUDICIAL SERVICE AND EXPRESSING APPRECIATION FOR HIS TWENTY-SIX AND ONE-HALF YEARS AS A NEWBERRY COUNTY MAGISTRATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4336 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILBURN BEASLEY OF TURBEVILLE, A LEGEND IN THE FREE WILL BAPTIST CHURCH, FOR A LIFETIME OF SERVICE AS A MINISTER AND COMMUNITY LEADER IN SOUTH CAROLINA AND THE SOUTHEAST.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4337 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. LEO RICHARDSON, DIRECTOR OF INDIVIDUAL AND PROVIDER RIGHTS FOR THE DEPARTMENT OF SOCIAL SERVICES, FOR HIS MANY YEARS OF SERVICE TO THE STATE AND TO WISH HIM WELL UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4338 (Word version) -- Rep. Breeland: A CONCURRENT RESOLUTION TO COMMEND THE STRONG FAMILY UPON THE OCCASION OF ITS THIRTY-SEVENTH REUNION TO BE HELD IN CHARLESTON AND TO PROCLAIM THE WEEK OF AUGUST 18 - 24, 1997, AS THE STRONG FAMILY REUNION WEEK IN CHARLESTON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4339 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF FORMER SPARTANBURG COUNTY ADMINISTRATOR HUBERT E. JOHNSON AND TO EXTEND DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4340 (Word version) -- Reps. Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WILLIAM H. BAXLEY, JR., OF HARTSVILLE, SOUTH CAROLINA, ON THE SPECIAL OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON SEPTEMBER 7, 1997, AND EXTEND TO THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4343 (Word version) -- Reps. Robinson, Rice and Webb: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ALVIN JUDSON HURT OF PICKENS COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3819 (Word version) -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Very respectfully,
Speaker of the House
Received as information.
S. 829 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO CONGRATULATE BATTERY B 713TH AAA GUN BATTALION OF SOUTH CAROLINA NATIONAL GUARD, KERSHAW COUNTY, ON ITS FORTY-SEVENTH ANNIVERSARY.
Returned with concurrence.
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 254 (Word version) -- Banking and Insurance Committee: RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITIES ACT (Abbreviated Title)
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and have appointed Reps. Rhoad, Witherspoon and Barfield of the Committee of Free Conference on the part of the House on:
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and have appointed Reps. Stuart, Walker and Carnell of the Committee of Free Conference on the part of the House on:
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Very respectfully,
Speaker of the House
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
On motion of Senator LEATHERMAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LEATHERMAN spoke on the report.
On motion of Senator LEATHERMAN, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LEATHERMAN, COURTNEY and HUTTO to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator LEATHERMAN, the Report of the Committee of Free Conference to H. 3823 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-1-320 of the 1976 Code is amended to read:
"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.
If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license to an individual who:
(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."
SECTION 2. Section 56-1-650(C) is amended by adding:
"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."
SECTION 3. Article 9, Chapter 23 of the 1976 Code is amended by adding:
"Section 31-17-525. (A) For purposes of this section, 'campground' means land and facilities of camp character organized to provide a temporary outdoor living experience for individuals or groups and having membership affiliation in recognized national and state campground organizations and listed in any guidebook, the publication of which is supported in part by the Department of Parks, Recreation and Tourism.
(B) Vehicles described in Section 31-17-510(a) may be exhibited or displayed with the intent to promote the sale of these vehicles at any campground if the provisions of this section are complied with. A campground must obtain from the Department of Public Safety a permit for vehicles described in Section 31-17-510(a) to be displayed or exhibited at a campground. No vehicle may be sold or offered for sale at a campground as provided for by this section, but information on the vehicle may be provided and a list of dealers offering the vehicle for sale may be provided.
(C) A South Carolina licensed travel trailer dealer may exhibit or display vehicles described in Section 31-17-510(a) at a campground under the terms of this section without obtaining a temporary license pursuant to Section 31-17-520(4); however, nothing contained in this section prohibits a South Carolina licensed travel trailer dealer from obtaining a temporary license pursuant to Section 31-17-520(4) if an event held at a campground requires the temporary license."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Hugh K. Leatherman, Sr. /s/Marion P. Carnell /s/C. Tyrone Courtney /s/Elsie Rast Stuart /s/Bradley C. Hutto /s/Robert E. Walker On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and have appointed Reps. Harrison, Townsend and Jennings of the Committee of Free Conference on the part of the House on:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
Speaker of the House
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
On motion of Senator LEATHERMAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LEATHERMAN spoke on the report.
On motion of Senator LEATHERMAN, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LEATHERMAN, COURTNEY and HUTTO to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator LEATHERMAN, the Report of the Committee of Free Conference to S. 60 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-1-320 of the 1976 Code is amended to read:
"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.
If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license to an individual who:
(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."
SECTION 2. Section 56-1-650(C) is amended by adding:
"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."
SECTION 3. 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. The holder of a provisional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;
(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 4. 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 5. 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 6. 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 7. 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 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. 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 8. 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 9. Section 56-1-130 of the 1976 Code, as last amended by Act No. 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 considers 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 10. 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, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section 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 special 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 11. 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 or a 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 12. The State Law Enforcement Division must submit the BAC Datamaster to an independent 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 13. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The department shall suspend the driver's license of any a 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 another law or ordinance of this State or of any a municipality of this State that prohibits any a 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 fourth 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. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. Any A person whose license is revoked following conviction for a fifth fourth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation Public Safety to operate a motor vehicle except as provided in Section 56-1-385."
SECTION 14. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) the person must not have been convicted in this State or any other state of an alcohol or drug violation during the previous seven-year period;
(2) the person must not have been convicted of or have charges pending in this State or another state for a violation of driving while his license is canceled, suspended, or revoked during the previous seven-year period;
(3) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.
(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.
(D) Before a person may have his driver's license reinstated under this section he must:
(1) pay a two hundred dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article."
SECTION 15. Section 56-1-790 of the 1976 Code, as last amended by Act No. 459 of 1996, is further amended to read :
"Section 56-1-790. The department may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State.
Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."
SECTION 16. Article 9, Chapter 23 of the 1976 Code is amended by adding:
"Section 23-6-445. A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof shall be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 if that person completes the legal course for class I certified officers taught by the Criminal Justice Academy Division of the Department of Public Safety. This provision shall also apply to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three year break in service who subsequently is appointed chief of a municipal department by the governing body thereof."
SECTION 17. The 1976 Code is amended by adding:
"Section 56-1-2115. (A) A person who has been disqualified from driving a commercial vehicle pursuant to the provisions contained in Section 56-1-2110 for one year or more, must complete successfully the requirements contained in Section 56-1-2080 and satisfy all other requirements imposed by state or federal law before the person is eligible to be re-examined pursuant to the provisions contained in subsection (B).
(B) The re-examination consists of the commercial driver license standards contained in 49 CFR of the Federal Motor Carrier Regulations which includes successful completion of the applicable knowledge tests and the complete road test which includes pre-trip inspection, basic control skills and the on-road test."
SECTION 18. Section 56-1-2030(21) of the 1976 Code is amended to read:
"(21) 'Out-of-service order' means a temporary prohibition against driving a commercial motor vehicle declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out- of- service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5 and 393 of the Federal Motor Carrier Regulations."
SECTION 19. Section 56-1-2060 (B) of the 1976 Code is amended to read:
"(B) No employer knowingly may allow, permit, or authorize a driver person to drive a commercial motor vehicle during a period in which:
(1) the driver's person's commercial driver license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state; or
(2) the driver person has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license; or
(3) an employer who knowingly allows, permits or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand five hundred dollars nor more than ten thousand dollars."
SECTION 20. Section 56-1-2070 of the 1976 Code is amended to read:
"Section 56-1-2070. (A) Except as provided in subsection (B) (C) or when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving.
(B) A person operating a commercial motor vehicle as defined in Section 56-1-2030 and 49 CFR 383.5, without the proper class commercial license or permit with all applicable endorsements or restrictions as defined in Section 56-1-2100 must be placed out of service and is guilty of a misdemeanor and upon conviction of a first offense, must be fined not less than one hundred fifty dollars and not more than two hundred dollars or imprisoned for thirty days and upon conviction of a second offense or subsequent offense must be fined not less than two hundred fifty dollars and not more than five hundred dollars or imprisoned forty-five days or both.
(C) The following persons may operate commercial motor vehicles without a commercial driver's license:
(1) active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in Section 56-5-170.
(4) operators of recreational vehicles used solely for personal use.
(C)(D) No person may drive a commercial motor vehicle on the highways of this State while:
(1) his commercial driver license or privilege to drive is suspended, revoked, or canceled,; while
(2) subject to a disqualification,; or
(3) in violation of an out-of-service order.
(D)(E) A person violating these the requirements of subsection (D)(3) must be punished as follows, while all other violations of this section must be punished as though convicted of a violation of Section 56-1-460. A person is disqualified for not less than:
(1) ninety days nor more than one year if the person is convicted of a first violation of an out-of-service order. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;
(2) one year nor more than five years if during a ten-year period the person is convicted of two violations of out-of-service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;
(3) three years nor more than five years if during a ten-year period the person is convicted of three or more violations of out-of-state service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;
(4) one hundred eighty days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101-5127), or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if during a ten-year period the person is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. Additionally, a driver who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars."
SECTION 21. Section 56-1-2080 of the 1976 Code is amended to read:
"Section 56-1-2080. (A)(1) No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
(i) authorization for the department or the Federal Highway Administration or its representatives to conduct random examinations, inspections, and audits without prior notice;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the drivers persons participating in the program.
(B) The department may waive the skills test specified in this section for a commercial driver license applicant:
(1) whose driver's license has not been suspended or revoked within the previous two years;
(2) who has no more than four points against his driving record within the previous two years;
(3) who has not contributed to an accident within the previous two years;
(4) who has been licensed to operate the class of motor vehicle for which he is applying for a minimum of two years or who can provide proof that he was operating those vehicles for two years immediately preceding the date of application.
(C)(B) A commercial driver license or commercial driver instructional permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation.
(D)(C)(1) A commercial driver instruction permit may be issued to an individual who holds a valid Class 'D' license or and who has passed the appropriate vision and written test for the type of commercial driver license sought.
(2) The holder of a commercial driver instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver license with applicable endorsements which is valid for the type of vehicle driven, and who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(3) The commercial driver instruction permit may not be issued for longer than six months. Only one renewal or reissuance may be granted within a two-year period."
SECTION 22. Section 56-1-2100(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:
(1) Classifications: vehicle
(a) Class A: A combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more if provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds;.
(b) Class B: a single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, and or any such vehicle towing a vehicle not in excess of ten thousand pounds gross vehicle weight rating;.
(c) Class C: A single vehicle, or combination of vehicles, weight rating of less than twenty-six thousand one pounds and any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds comprison: persons, including the driver; material which require the vehicle to be placarded under 49 C.F.R., part 172, subpart F, that are not Class A or B vehicles but either designed to transport 16 or more passengers including the driver, or are placarded for hazardous materials under 49 CFR, Part 172, subpart F.
(2) Endorsements: transporting hazardous material; and tank vehicle endorsements.
(a) 'H' authorizes the person to drive a vehicle transporting hazardous materials;
(b) 'T' authorizes double trailers;
(c) 'P' authorizes driving vehicles carrying passengers;
(d) 'N' authorizes driving tank vehicles;
(e) 'X' represents a combination of hazardous materials or tank vehicle endorsements, or both.
(3) Restrictions:
(a) 'K' restricts the driver person to vehicles not equipped with airbrakes.;
(b) 'Z' except tractor trailer;
(c) 'Z-1' may not operate commercial motor vehicles with a gross vehicle weight rating or a gross combination weight rating exceeding 26,000 pounds."
SECTION 23. Section 56-1-2120 of the 1976 Code is amended to read:
"Section 56-1-2120. (A) A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.
(B) A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under Section 56-1-2130 must be placed out-of-service for twenty-four hours.
(C) A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.
(D) A person must not be on duty or operate a commercial motor vehicle while he possesses an alcoholic beverage that is not part of the manifest and transported as part of the shipment."
SECTION 24. Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon approval by the Governor unless otherwise provided. The provision in Section 13 that enhances the suspension period from two years to four years for a third conviction within five years of a first offense of operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall not apply unless the first, second, and third offense convictions occurred after the effective date of this act. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's permit, provisional or restricted driver's license, or regular motor vehicle driver's license, take effect on July 1, 1998. A person who, on July 1, 1998, 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 July 1, 1998. 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 affect his driving privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on October 1, 1997./
Amend title to conform.
/s/Hugh K. Leatherman, Jr. /s/Ronald P. Townsend /s/C. Tyrone Courtney /s/James H. Harrison /s/C. Bradley Hutto /s/Douglas Jennings, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
Speaker of the House
Received as information.
At 11:50 A.M., on motion of Sen. DRUMMOND, the Senate receded from business until 1:00 P.M.
The Senate reassembled at 1:20 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3847, R. 242, by a vote of 7 to 0:
(R242) H. 3847 (Word version) -- Reps. Meacham and Kirsh: AN ACT TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
Very respectfully,
Speaker of the House
(R242, H. 3847 (Word version)) -- Reps. Meacham and Kirsh: AN ACT TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
The veto of the Governor was taken up for immediate consideration.
Senator WASHINGTON moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Elliott Giese Gregory Holland Hutto Jackson Lander Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Rose Ryberg Saleeby Setzler Smith, J. Verne Washington Williams
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4156, R. 187, by a vote of 12 to 0:
(R187) H. 4156 (Word version) -- Rep. Littlejohn: AN ACT TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.
Very respectfully,
Speaker of the House
(R187, H. 4156 (Word version)) -- Rep. Littlejohn: AN ACT TO AMEND ACT 898 OF 1966, AS AMENDED, RELATING TO THE PACOLET STATION FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERS OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM FIVE TO SEVEN.
The veto of the Governor was taken up for immediate consideration.
Senator REESE moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courtney Elliott Giese Gregory Holland Hutto Jackson Lander Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Rose Ryberg Saleeby Setzler Smith, J. Verne Washington Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3450, R. 159, by a vote of 116 to 4:
(R159) 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: AN ACT 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 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.
Very respectfully,
Speaker of the House
(R159, 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: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT INTEREST EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
The veto of the Governor was taken up for immediate consideration.
Senator J. VERNE SMITH moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courtney Elliott Giese Gregory Holland Hutto Jackson Lander Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Rose Ryberg Saleeby Setzler Smith, J. Verne Washington Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
(R148, S. 739 (Word version)) -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, AND TO ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT AND PROVIDE FOR THEIR TERMS.
June 10, 1997
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 739, R. 148, an Act:
TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
This veto is based upon my belief that S. 739, R. 148 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 739, R. 148.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator ELLIOTT moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courtney Elliott Giese Gregory Holland Hutto Jackson Lander Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Rose Ryberg Saleeby Setzler Smith, J. Verne Washington Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
June 10, 1997
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 340, R. 123, an Act:
TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
I am vetoing S. 340, R. 123, because it reduces the penalty for wilfully supplying false or fraudulent withholding information to an employer.
While I realize the intent of this Bill is to enable these cases to be tried in magistrates' court in order to have a quicker resolution, this could have been accomplished without decreasing the penalty contained in current law. Further, the Bill inadvertently requires felonies under this section to also be tried in magistrates' court. This is a bad precedent to set.
For the above reasons, I am vetoing S. 340, R. 123 of 1997.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be sustained.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courtney Drummond Elliott Fair Ford Giese Glover Gregory Holland Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Rose Ryberg Saleeby Setzler Smith, J. Verne Washington Williams
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
At 1:35 P.M., on motion of Senator HOLLAND, the Senate receded from business subject to the Call of the Chair.
At 2:02 P.M., the Senate resumed.
H. 3919 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the report.
On motion of Senator McCONNELL, the Report of the Committee of Conference to H. 3919 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3919 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting
/SECTION 1. Section 4-29-67(B)(4)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(a) Except as provided in subsections (B)(4)(b) and (D)(4)(a), the investment must be made by a single entity. For purposes of this section, (i) any partnership or other association which properly files its South Carolina income tax returns as a partnership for South Carolina income tax purposes will be treated as a single entity and as a partnership, and (ii) any corporation or other association which properly files its South Carolina income tax returns as a corporation for South Carolina income tax purposes will be treated as a single entity and as a corporation. A corporation and a partnership, which partnership is a 'controlled partnership' of the corporation, as provided under Section 707(b)(1) of the Internal Revenue Code as defined in Chapter 6 of Title 12, as of the date of the execution of the inducement agreement, and both of which will construct their projects on the same site qualifying for the fee, must be treated as a single entity for purposes of this subsection and subsection (B)(3) and (D)(4)."
SECTION 2. Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended by adding at the end:
"(iv) in the case of a business which is investing at least six hundred million dollars in this State."
SECTION 3. Section 12-14-60 of the 1976 Code, as added by Act 25 of 1995, is amended by adding a new subsection at the end to read:
"(D) Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned."
SECTION 4. Section 12-20-105 of the 1976 Code, as added by Act 231 of 1996, is amended to read:
"Section 12-20-105. License fees may be reduced by credits as provided in Section 12-6-3410 or Section 12-6-3480, or both of these sections.
(A) Any company subject to a license tax under Section 12-20-100 may claim a credit against its license tax liability for amounts paid in cash to provide infrastructure for an eligible project.
(B)(1) In order to be considered an eligible project for purposes of this section, the project must qualify for income tax credits under Chapter 6 of Title 12, withholding tax credit under Chapter 10 of Title 12, withholding tax credits under Chapter 10 of Title 12, income tax credits under Chapter 14 of Title 12, or fees in lieu of property taxes under Chapter 12 of Title 4.
(2) If a project consists of an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State, the project does not have to meet the qualifications of item (1) in order to be considered an eligible project.
(C) For the purpose of this section 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air.
(D) A company is not allowed the credit provided by this section for actual expenses it incurs in the construction and operation of any building or infrastructure it owns, leases, manages, or operates.
(E) The maximum aggregate credit that may be claimed in any tax year by a single company is three hundred thousand dollars.
(F) The credits allowed by this section may not reduce the license tax liability of the company below zero. If the applicable credit originally earned during a taxable year exceeds the liability and is otherwise allowable under subsection (D) the amount of the excess may be carried forward to the next taxable year.
(G) For South Carolina income tax and license purposes, a company that claims the credit allowed by this section is ineligible to claim the credit allowed by Section 12-6-3420."
SECTION 5. Section 12-6-3360(L) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(L) Notwithstanding any other provision of this section, a county with a population under twenty twenty-five thousand as determined by the most recent United States Census shall receive the next increased credit designation for purposes of the credit allowed by this section."
SECTION 6. A. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Section 12-36-2110(A), (B) and (C) and Article 17 of Chapter 36 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-36-1310. Taxpayers required to remit taxes under Section 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county or municipality, shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."
B. Section 12-36-2110(D) of the 1976 Code, as added by Act 110 of 1991, is amended to read:
"(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, 'machinery for research and development' means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. 'Machinery' includes machines and the parts of machines, attachments, and replacements used or manufactured for use on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
C. Notwithstanding any other effective date provided in this act, this section is effective for sales or use made on or after December 1, 1992.
SECTION 7. A. Section 12-10-80 of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"Section 12-10-80. (A) Upon certification by the council to the department of the council's determination that a business is a qualifying business, a qualifying business may collect a job development fee by retaining an amount of employee withholding permitted by subsection (B) or (D), or both, for the purposes permitted by subsection (C) or (D), respectively. A business that qualifies under Section 12-10-50 and which has met the minimum job requirement and minimum capital investment provided for in the final revitalization agreement may claim a job development credit as determined by this section. A business may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable under this section. The credit must be claimed on a quarterly basis. In order to claim a job development credit, the business must be current with respect to its withholding tax as well as any other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter. A qualifying business may receive its initial job development credit only after the council has certified to the department that the qualifying business has met the required minimum employment and capital investment levels. To qualify for be eligible to apply to the council to claim a job development fee credit, a qualifying business shall create at least ten new, full-time jobs at the South Carolina facility described in the revitalization agreement. A qualifying business may collect is eligible to claim a job development fee credit under the revitalization agreement for not more than fifteen years. The amount retained is the property of the business, subject to all of the conditions in this section including the later possible requirement that the funds be transferred to this State as withholding and the possible forfeiture of the funds to this State as misappropriated withholding. The retained withholding must be maintained in an escrow account with a bank which is insured by the Federal Deposit Insurance Corporation. To the extent the money any return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (C) or (D), it must be treated as misappropriated employee withholding. Employee withholding Job development credits may not be retained claimed for purposes of (B) and (C) with regard to any employee whose job was created in this State before the taxable year of the qualifying business in which it enters into a revitalization agreement. If a qualifying business retains employee withholding claims job development credits under this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business retaining employee withholding claiming job development credits under this section shall file with the council and the department the information and documentation respecting the retention and use of the employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests. Each qualifying business which retains claims in excess of ten thousand dollars in any calendar year shall furnish an audited report prepared by an independent certified public accountant which itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year of the retention in which the job development credits are claimed. Each qualifying business retaining employee withholding under this section is allowed a credit against the withholding tax liability provided in Chapter 8 of this title otherwise owed to the State, the credit not to exceed the lesser of the amount of such tax or the aggregate amount of employee withholding retained. No employer may withhold claim an amount that results in any employee ever receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(B) The total amount retained from employee withholding by the qualifying business may not exceed maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(1) two percent of the gross wages of each new employee who earns six 6.34 dollars or more an hour but less than eight 8.45 dollars an hour;
(2) three percent of the gross wages of each new employee who earns eight 8.45 dollars or more an hour but less than ten 10.57 dollars an hour;
(3) four percent of the gross wages of each new employee who earns ten 10.57 dollars or more an hour but less than fifteen 15.85 dollars an hour; and
(4) five percent of the gross wages of each new employee who earns fifteen 15.85 dollars or more an hour.
The hourly gross wage figures set forth in this section must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount which may be retained claimed by a qualifying business is limited by subsection (C)(6) and the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits under subsection (C)(6) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4). The maximum job development credit that can be claimed is limited to the lesser of withholding paid to the State on a quarterly basis or the amount allowed by this subsection.
(C) Capital expenditures from the escrow account must be expended In order to claim a job development credit, the qualifying business must incur expenditures at the above-described facility or for utility or transportation improvements that serve this facility. The qualifying business may expend funds from the escrow account if To be qualified expenditures (a) the expenditures are incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures from the escrow account are authorized must be by the revitalization agreement, and (c) the expenditures are for any of the following purposes:
(1) training costs and facilities;
(2) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4) fixed transportation facilities including highway, rail, water, and air;
(5) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(6) the amount of job development fees credits a qualifying business may retain claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360 as follows:
(a) one hundred percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'under developed';
(c) seventy percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development fees credits may be retained claimed by businesses located in counties designated as 'developed'.
The council shall certify to the department the maximum job development fee credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development fee credit and the job development fee credit actually retained claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D) Subject to the conditions in this section, any qualifying business in this State may negotiate with the council to retain from employee withholding claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount retained from employee withholding claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount retained from employee withholding claimed as a job development credit for retraining. The total amount retained from withholding claimed as job development credits for retraining and all of the qualifying business' matching funds must be paid to the technical college that provides the training to defray the cost of the training program. Any training cost in excess of the job development fees credits for retraining and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.
(E) Each qualified business which has retained employee withholding under this section, shall report each employee's state withholding to the United States, this State, and the employee as if the retained withholding had been paid over to the State pursuant to Chapter 9 of this title.
(F) Any job development fee credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. In the event of termination If an employee is terminated, the qualifying business shall immediately shall cease to retain employee withholding and immediately cease spending funds from the escrow account. Within thirty days of the expiration or termination of the revitalization agreement, the qualifying business shall pay over all the funds remaining in the escrow account to the department as withholding taxes claim job development credits.
(G)(F) For purposes of the job development fee credit allowed by this section, an employee is a person whose job was created in this State.
(H)(G) Job development fees credits may not be retained claimed by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-85(E)."
B. A qualifying business that is a qualified recycling facility as defined in Section 12-6-3460 of the 1976 Code may elect to receive the benefits of Section 12-10-80 of the 1976 Code as that section existed immediately before the effective date of the amendment to it contained in this section.
SECTION 8. A. Section 12-36-2120(51) of the 1976 Code, as added by Act 462 of 1996, is amended to read:
"(51) Material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility. In order to qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least forty thirty-five million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval by the Governor.
SECTION 9. Section 4-29-10(3) of the 1976 Code is amended to read:
"(3) 'Project' means any land and any buildings and other improvements on the land including, without limiting the generality of the foregoing, water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishing furnishings which are considered necessary, suitable, or useful by the following or any combination thereof of them: (a) any enterprise for the manufacturing, processing, or assembling of any agricultural or manufactured products; (b) any commercial enterprise engaged in storing, warehousing, distributing, transporting, or selling products of agriculture, mining, or industry, or engaged in providing laundry services to hospitals, to convalescent homes, or to medical treatment facilities of any type, public or private, within or outside of the issuing county or incorporated municipality and within or outside of the State; (c) any enterprise for research in connection with any of the foregoing or for the purpose of developing new products or new processes or improving existing products or processes; (d) any enterprise engaged in commercial business, including, but not limited to, wholesale, retail, or other mercantile establishments; residential and mixed use developments of two thousand five hundred acres or more; office buildings; computer centers; tourism, sports, and recreational facilities; convention and trade show facilities; and public lodging and restaurant facilities if the primary purpose is to provide service in connection with another facility qualifying under this subitem; and (e) any enlargement, improvement, or expansion of any existing facility in subitems (a), (b), (c), and (d) of this item. The term 'project' does not include facilities for an enterprise primarily engaged in the sale or distribution to the public of electricity, gas, or telephone services. A project may be located in one or more counties or incorporated municipalities. The term 'project' also includes any structure, building, machinery, system, land, interest in land, water right, or other property necessary or desirable to provide facilities to be owned and operated by any person, firm, or corporation for the purpose of providing drinking water, water, or wastewater treatment services or facilities to any public body, agency, political subdivision, or special purpose district. This definition is for purposes of industrial revenue bonds only."
SECTION 10. Section 31-13-340 of the 1976 Code, as last amended by Act 538 of 1988, is further amended by adding the following paragraph:
"The authority is authorized to establish and fund through the State Housing, Finance, and Development Authority Program Fund a program to provide credit enhancements for designated economic development projects selected by the Department of Commerce."
SECTION 11. Section 12-6-3490 of the 1976 Code is repealed.
SECTION 12. Section 59-20-20 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding at the end of item (3):
"For purposes of disbursing EFA funding and for purposes of the index of taxpaying ability, the value of a fee in lieu of taxes shall be computed by the Department of Revenue by basing the computation on the net fee received and retained by the school district. The value thus computed shall not be inflated by any portion of the fee shared with or used by any other local taxing authority. Provided however any revenue received by a taxing entity as a result of this section must be considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the "index of taxpaying ability" pursuant to item (3) of this section."
SECTION 13. A. Section 4-12-30(G) of the 1976 Code, as last amended by Act 462 of 1996, is further amended by adding at the end a new item to read:
"(3) For purposes of determining the cumulative property tax millage rate under subsection (G)(2), the millage rate assessed by a municipality must not be included in the computation even if the subject property was located in the jurisdiction of the taxing entity as of June 30 preceding the calendar year in which the millage rate agreement is executed, if, pursuant to agreement on the part of the taxing entity at the time of execution of the millage rate agreement, the taxing entity de-annexes the subject property before execution of the initial lease."
B. The amendment to Section 4-12-30(G) of the 1976 Code as contained in subsection A is effective for millage rate agreements executed after July 1, 1996.
SECTION 14. Upon approval by the Governor, this act is effective for tax years beginning after 1996. /
Amend title to conform.
/s/William D. Boan /s/Phil P. Leventis /s/James N. Law /s/Glenn F. McConnell /s/Annette Young-Brickell /s/Glenn G. Reese On Part of the House. On Part of the Senate., and a message was sent to the House accordingly.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3665 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS; TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITLES THROUGH THE BANK; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK REVENUE BONDS; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK GENERAL OBLIGATION BONDS; TO AMEND SECTION 57-3-615, AS AMENDED, RELATING TO TOLL PROJECTS SO AS TO DELETE THE REQUIREMENT THAT CERTAIN TOLL PROJECTS BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4 AND TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TOLL INTERSTATE HIGHWAYS AND TO USE THE TOLL FOR PROJECTS OTHER THAN THE TOLLED INTERSTATE HIGHWAY; AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO DISPOSITION OF CERTAIN FEES AND PENALTIES SO AS TO PROVIDE FOR THE PLACEMENT OF THE FEES AND PENALTIES IN THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
Very respectfully,
Speaker of the House
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the report.
Senator THOMAS spoke on the report.
With Senator THOMAS retaining the floor, on motion of Senator DRUMMOND, with unanimous consent, the members of the Committee of Conference were granted leave to explain the report.
With Senator THOMAS retaining the floor, Senator RANKIN spoke on the report.
The PRESIDENT assumed the Chair at 3:00 P.M.
Senator RANKIN continued explaining the Report of the Committee of Conference.
With Senator THOMAS retaining the floor, Senator RAVENEL spoke on the report.
With Senator THOMAS retaining the floor, Senator ELLIOTT spoke on the report.
With Senator THOMAS retaining the floor, Senator DRUMMOND spoke on the report.
Senator THOMAS spoke on the report.
At 4:00 P.M., Senator LAND moved under Rule 15A to set a time certain of 5:05 P.M. to vote on the entire matter of H. 3665.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Drummond Elliott Giese Glover Gregory Jackson Land McConnell McGill Mescher O'Dell Passailaigue Rankin Ravenel Reese Rose Ryberg Saleeby Smith, J. Verne Washington Williams
Alexander Anderson Bryan Courson Courtney Fair Ford Hutto Lander Leatherman Martin Matthews Patterson Peeler Russell Setzler Thomas Waldrep Wilson
Having failed to receive the necessary vote, the motion to set a time certain of 5:05 P.M. to vote on the entire matter of H. 3665 failed.
Senator THOMAS continued arguing contra to the adoption of the report.
With Senator THOMAS retaining the floor, at 4:15 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 4:23 P.M., the Senate resumed.
Senator THOMAS continued arguing contra to the adoption of the Report of the Committee of Conference.
The question then was the adoption of the Report of the Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cork Courson Drummond Elliott Ford Giese Glover Gregory Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore* O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Smith, J. Verne Waldrep Washington Williams Wilson
Bryan Courtney Fair Thomas
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Report of the Committee of Conference to H. 3665 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3665 (Word version) -- Ways and Means Committee: SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The General Assembly finds that:
(1) Adequate transportation facilities are an important element in the ability of a community to provide for the health and welfare of its citizens and the continuing economic growth and development that will provide jobs for the citizens of South Carolina.
(2) Traditional transportation financing methods in South Carolina cannot generate the resources necessary to fund the cost of transportation facilities which are required for continued economic viability and future economic expansion.
(3) The State of South Carolina has the ability to provide for alternative methods of financing highway and transportation projects which, when combined with existing financing sources and methods, will allow the State to address its transportation needs in a more timely and responsive manner.
(4) Loans and other financial assistance to government units and private entities can play an important part in meeting transportation needs. This assistance is in the public interest for the public benefit and good as a matter of legislative intent.
(5) The chapter provides an instrumentality to assist government units and private entities in constructing and improving highway and transportation facilities by providing loans and other financial assistance.
(6) It is the General Assembly's intent for the instrumentality created by this act to focus greater attention on larger transportation projects, and thereby allow the South Carolina Department of Transportation's resources to be devoted sooner to smaller, but yet important, rural transportation projects.
SECTION 2. Title 11 of the 1976 Code is amended by adding:
Section 11-43-110. This chapter may be referred to as the 'South Carolina Transportation Infrastructure Bank Act.'
Section 11-43-120. (A) There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Transportation Infrastructure Bank.
(B) The bank is governed by a board of directors as provided in this chapter.
(C) The corporate purpose of the bank is to select and assist in financing major qualified projects by providing loans and other financial assistance to government units and private entities for constructing and improving highway and transportation facilities necessary for public purposes including economic development. The exercise by the bank of a power conferred in this chapter is an essential public function.
(D) The bank shall establish and maintain at least the four following accounts: state highway account, state transit account, federal highway account, and federal transit account.
Section 11-43-130. As used in this chapter unless the context clearly indicates otherwise:
(1) 'Bank' means the South Carolina Transportation Infrastructure Bank.
(2) 'Board' means the board of directors of the bank.
(3) 'Bonds' means bonds, notes, or other evidence of indebtedness except as otherwise provided in Article 3 of this chapter.
(4) 'Department of Transportation' means the South Carolina Department of Transportation and its successors.
(5) 'Eligible cost' means as applied to a qualified project to be financed from the federal accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the state transit account, eligible project costs are limited to capital expenditures for transit equipment and facilities.
(6) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public.
(7) 'Federal accounts' means collectively, the separate account for federal highway funds and federal transit funds.
(8) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument.
(9) 'Government unit' means a municipal corporation, county, special purpose district, special service district, commissioners of public works, or another public body, instrumentality or agency of the State including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this State which may construct, own, or operate a qualified project.
(10) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible cost of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of eligible costs of a qualified project.
(11) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower.
(12) 'Other financial assistance' means, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law.
(13) 'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate a highway, bridge, tunnel, or approach that is within the jurisdiction of the government unit that is responsible for complying with applicable federal requirements.
(14) 'Project revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part of, from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower.
(15) 'Qualified borrower' means any government unit or private entity which is authorized to construct, operate, or own a qualified project.
(16) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost.
(17) 'Revenues' means, when used with respect to the bank, any receipts, fees, income, or other payments received or to be received by the bank including, without limitation, receipts and other payments deposited in the bank and investment earnings on its funds and accounts.
(18) 'State accounts' means, collectively, the separate account for state highway funds and state transit funds.
Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term.
Section 11-43-150. (A) In addition to the powers contained elsewhere in this chapter, the bank has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the bank's affairs and the implementation of its functions including the right of the board to select qualifying projects and to provide loans and other financial assistance;
(3) sue and be sued in its own name;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank;
(5) make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable;
(6) provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project;
(7) enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this chapter;
(8) enter into agreements with a department, agency, or instrumentality of the United States or of this State or another state for the purpose of planning and providing for the financing of qualified projects;
(9) establish:
(a) policies and procedures for the making and administering of loans and other financial assistance; and
(b) fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities;
(10) acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank;
(11) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(12) collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default;
(13) unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it;
(14) borrow money through the issuance of bonds and other forms of indebtedness as provided in this chapter;
(15) expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank;
(16) expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank;
(17) establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise;
(18) procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses;
(19) collect fees and charges in connection with its loans or other financial assistance;
(20) apply for, receive and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made;
(21) enter into contracts or agreements for the servicing and processing of financial agreements; and
(22) do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter.
(B) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of the State or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or this State.
Section 11-43-160. (A) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) an annual contribution set by the board of up to three percent of the funds appropriated for the construction and maintenance of state highways, however, the contribution must be used to match federal capitalization grants to the bank and to provide capital for the state accounts of the bank;
(2) federal funds made available to the State;
(3) federal funds made available to the State for the bank;
(4) contributions and donations from government units, private entities, and any other source as may become available to the bank including, but not limited to, appropriations from the General Assembly;
(5) all monies paid or credit to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the bank's monies;
(6) proceeds from the issuance of bonds as provided in this chapter;
(7) other lawful sources as determined appropriate by the board; and
(8) loans from the Department of Transportation to the bank to be repaid from revenues committed to the bank for the following year.
(B) Beginning in fiscal year 1998-99, the revenues collected pursuant to Sections 56-3-660 and 56-3-670 and placed in the state highway account, as created by this chapter, must be used to provide capital for the bank.
Section 11-43-170. (A) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state accounts must be credited to the state highway account or state transit account that generates the earnings. The bank may establish accounts and subaccounts within the state accounts and federal accounts as considered desirable to effectuate the purposes of this chapter, or to meet the requirements of any state or federal programs. All accounts must be held in trust by the State Treasurer.
(B) For necessary and convenient administration of the bank, the board shall direct the State Treasurer to establish federal and state accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this chapter.
(C) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.
Section 11-43-180. (A) The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible cost of a qualified project. Prior to providing a loan or other financial assistance to a qualified borrower, the board must obtain the review and approval of the Joint Bond Review Committee. The term of the loan or other financial assistance must not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements.
(B) The board shall determine which projects are eligible projects and then select from among the eligible projects those qualified to receive from the bank a loan or other financial assistance. Preference must be given to eligible projects which have local financial support. In selecting qualified projects, the board shall consider the projected feasibility of the project and the amount and degree of risk to be assumed by the bank. The board also may consider, but must not be limited to, the following criteria in making its determination that an eligible project is a qualified project:
(1) the local support of the project, expressed by resolutions by the governing bodies in the areas in which the project will be located, and the financial or in kind contributions to the project;
(2) maximum economic benefit, enhancement of mobility, enhancement of public safety, acceleration of project completion, and enhancement of transportation services;
(3) the ability of the applicant to repay a loan according to the terms and conditions established pursuant to this chapter, consideration of which may include, at the option of the bank board, the existence of current investment grade rating on existing debt of the applicant secured by the same revenues to be pledged to secure repayment under the loan repayment agreement;
(4) the financial or in-kind contributions to the project;
(5) greater weighting in recommending priorities for eligible projects to areas of the State experiencing high unemployment; and
(6) whether the governing bodies of the county or the incorporated municipality in which the project is to be located provides to the bank a resolution which makes a finding that the project is essential to economic development in the political subdivisions, or the bank receives a resolution or certificate from the Advisory Coordinating Council for Economic Development of the Department of Commerce that the project is essential to economic development in the State, or both, at the option of the board.
Section 11-43-190. (A) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this chapter.
(B) In addition to the authorizations contained in this chapter, all other statutes or provisions permitting government units to borrow money and issue obligations including, but not limited to, the Revenue Bond Act for Utilities and the Revenue Bond Refinancing Act of 1937, may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. Notwithstanding the foregoing, obligations secured by ad valorem taxes may be issued by a government unit and purchased by the bank without regard to any public bidding requirement.
(C) A qualified borrower may receive, apply, pledge, assign, and grant security interest in project revenues, and, in the case of a governmental unit, its project revenues, revenues derived from a special source or ad valorem taxes, to secure its obligations as provided in this chapter, and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues, to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
(D) A qualified borrower must comply with the provisions of Section 12-27-1320 and Section 12-28-2930 in the expenditure of the proceeds of a loan or other financial assistance provided by the bank for a qualified project.
Section 11-43-200. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income from them, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income from them.
Section 11-43-210. (A) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the State Treasurer who, subject to the withholding of amounts under Article X, Section 14 of the Constitution, shall withhold all or a portion of the funds of the State and all funds administered by the State, its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due.
(B) Nothing contained in this section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the State is a party, the requirements of federal law imposed on the State, or judgments of a court binding on the State.
Section 11-43-220. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this chapter.
Section 11-43-230. Notice, proceeding, or publication, except those required in this chapter, are not necessary to the performance of any act authorized in this chapter nor is any act of the bank subject to any referendum.
Section 11-43-240. All money of the bank, except as authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the bank not needed for immediate use or disbursement may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Section 11-9-660. All federal funds must be invested as required by applicable federal law.
Section 11-43-250. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program. An independent certified public accountant shall perform an audit of the books and accounts of the bank at least once in each state fiscal year.
Section 11-43-260. This chapter, being for the welfare of this State and its inhabitants, must be liberally construed to effect the purposes specified in this chapter. However, nothing in this chapter must be construed as affecting any proceeding, notice, or approval required by law for the issuance by a government unit or private entity of the loan obligations, instruments, or security for loan obligations.
Section 11-43-270. If any provision of this chapter is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is severable from the remaining provisions of the chapter and that the holding does not invalidate or render unenforceable another provision of the chapter.
Section 11-43-310. As used in this article, unless a different meaning clearly appears from the context:
(1) 'Bank' means the South Carolina Transportation Infrastructure Bank.
(2) 'Bonds' means any bonds, notes, debentures, interim certificates, grant or revenue anticipation notes, or any other evidence of indebtedness of the bank incurred pursuant to this article.
Section 11-43-315. Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any bonds then outstanding, the bank may issue bonds as provided in this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of the bonds.
Section 11-43-320. The bank may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any loan obligation owned by the bank, any grant, contribution, or guaranty from the United States, the State, or any corporation, association, institution, or person, any other property or assets of the bank, or a pledge of any money, income, or revenue of the bank from any source.
Section 11-43-330. Bonds issued by the bank do not constitute a debt or a pledge of the full faith and credit of this State, or any of its political subdivisions other than the bank, but are payable solely from the revenue, money, or property of the bank as provided in this chapter. The bonds issued do not constitute an indebtedness of the State within the meaning of any constitutional or statutory limitation. No member of the bank or any person executing bonds of the bank is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this article must contain on its face a statement to the effect that:
(1) neither the State, nor any of its political subdivisions, nor the bank is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the bank pledged;
(2) neither the full faith and credit nor the taxing power of the State, or any of its political subdivisions, is pledged to the payment of the principal of or interest on the bond;
(3) the bank does not have taxing power.
Section 11-43-340. The bonds of the bank must be authorized by a resolution of the bank. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than forty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the bank prior to their issuance. The bonds may bear interest payable at a time and at a rate as determined by the bank, including the determination by agents designated by the bank under guidelines established by it. Bonds may be sold by the bank at public or private sale at the price it determines and approves. The State Treasurer shall issue the bonds of the bank not later than sixty days upon the resolution of the bank authorizing the issuance of the bonds.
Section 11-43-350. (A) Bonds may be secured by a trust indenture between the bank and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the bank in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The bank may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the bank to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the bank under the trust indenture may be treated as part of its operating expenses.
(B) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to:
(1) pledging all or any part of the revenue of the bank to secure the payment of the bonds;
(2) pledging all or any part of the assets of the bank including loan obligations owned by it to secure the payment of the bonds;
(3) the use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations owned by the bank;
(4) the establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition;
(5) limitations on the purposes to which the proceeds from the sale of the bonds may be applied, and limitations on pledging the proceeds to secure the payment of the bonds;
(6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given;
(8) limitations on the amount of money to be expended by the bank for its operating expenses;
(9) vesting in a trustee property, rights, powers, and duties as the bank may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee;
(10) defining the acts or omissions which constitute a default, the obligations or duties of the bank to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver, and all other rights generally available to creditors;
(11) requiring the bank or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of and interest on loan obligations owned by the bank or held by a trustee, which may be authorized by the laws of this State; and
(12) any other matter relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.
Section 11-43-360. Any pledge made by the bank is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the bank is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the bank, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing the bonds, or any other instrument including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the bank to secure any bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
Section 11-43-370. The bank, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the bank with any available funds, at any reasonable price. If the bonds are then redeemable, the price must not exceed the redemption price then applicable plus accrued interest to the next interest payment date.
Section 11-43-380. Bonds of the bank must be in a form and must be executed in a manner prescribed by the bank.
Section 11-43-390. If any of the members or officers of the bank cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
Section 11-43-400. Subsequent amendments to this article may not limit the rights vested in the bank with respect to any agreements made with, or remedies available to, the holders of bonds issued under this article before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.
Section 11-43-410. Any bonds issued by the bank, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 11-43-420. The bonds issued by the bank are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the State, may invest funds in their control or belonging to them. The bonds of the bank are also securities which may be deposited with and received by all public officers and bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be required by law.
Section 11-43-510. As used in this article:
(1) 'Board' means the Board of Directors of the South Carolina Transportation Infrastructure Bank.
(2) 'State board' means the State Budget and Control Board.
(3) 'Transportation infrastructure bonds' means all general obligation bonds of this State designated as transportation infrastructure bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.
Section 11-43-520. Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any transportation infrastructure bonds then outstanding, the board may make a request to the state board for the issuance of transportation infrastructure bonds pursuant to this article. This request may be in the form of a resolution adopted at any regular or special meeting of the board. The request shall set forth on the face thereof or by schedules attached thereto:
(1) the amount then required for qualified projects;
(2) a tentative time schedule setting forth the period of time during which the sum requested will be expended; and
(3) a debt service table showing the annual principal and interest requirements for all the transportation infrastructure bonds then outstanding.
Section 11-43-530. Following the receipt of any request pursuant to Section 11-43-520, the state board shall review the same and it shall approve such request, by resolution duly adopted, to effect the issuance of transportation infrastructure bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
Section 11-43-540. The issuance of transportation infrastructure bonds is subject to the limitations contained in Article X, Section 13(6)(c) of the Constitution of this State. Within such limitations, transportation infrastructure bonds may be issued for qualified projects or to refund transportation infrastructure bonds from time to time under the conditions prescribed by this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of any transportation infrastructure bonds. No transportation infrastructure bonds may be issued unless the board has a source of revenues to reimburse the general fund for the principal and interest on the bonds.
Section 11-43-550. For the payment of the principal of and interest on all transportation infrastructure bonds, whether or not outstanding or hereafter issued, as they come due, there is pledged the full faith, credit, and taxing power of this State. In addition to the full faith, credit, and taxing power, there also may be pledged such revenue as may be available to the board and the State Treasurer is authorized to use such revenue when pledged, without further action of the board, for the payment of the principal and interest on transportation infrastructure bonds as the same respectively mature.
Section 11-43-560. The board is authorized to request the state board to issue transportation infrastructure bonds. In order to effect the issuance of bonds pursuant to this article, the state board may adopt a resolution providing for the issuance of transportation infrastructure bonds, upon written request by the board, and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver transportation infrastructure bonds in accordance with the terms and conditions of such resolution. This resolution must set forth:
(1) the amount, denomination, and numbering of transportation infrastructure bonds to be issued;
(2) the date as of which the same shall be issued;
(3) the maturity schedule for the retirement of the transportation infrastructure bonds;
(4) the redemption provisions, if any, applicable to the bonds;
(5) the maximum rate or rates of interest the bonds shall bear;
(6) the purposes for which the bonds are to be issued;
(7) the occasion on which bids shall be received for the sale of the bonds;
(8) the form of advertisement of sale;
(9) the form of the bonds of the particular issue; and
(10) such other matters as may be considered necessary in order to effect the sale, issuance, and delivery thereof.
Section 11-43-570. Following receipt of a certified copy of the resolution of the state board the Governor and State Treasurer shall issue transportation infrastructure bonds in accordance with the provisions of the resolution of the state board.
Section 11-43-580. Transportation infrastructure bonds shall be issued in such form, in such denominations, and with such provisions as to time, place, or places and medium of payment as may be determined by the state board, subject to the provisions of this article.
Section 11-43-590. Transportation infrastructure bonds must be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds are subject to transfer under such conditions as the state board prescribes.
Section 11-43-600. Transportation infrastructure bonds shall bear interest, payable on such occasions as shall be prescribed not more than thirty years after such date. Such installments or series may be equal or unequal in amount. Transportation infrastructure bonds, in the discretion of the state board, may be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. Transportation infrastructure bonds are not redeemable before maturity unless they contain a statement to that effect.
Section 11-43-610. All transportation infrastructure bonds issued under this article, and the interest thereon, are exempt from all state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by this State, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, or transfer taxes.
Section 11-43-620. Transportation infrastructure bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds must be awarded to the bidder offering to purchase the transportation infrastructure bonds at the lowest net interest cost to the State at a price of not less than ninety-nine percent of par and accrued interest to the date of delivery, but the right is reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.
Section 11-43-630. The proceeds derived from the sale of transportation infrastructure bonds must be applied only to the purposes set forth in the resolution of the state board pursuant to which the bonds are issued."
SECTION 3. Section 57-3-615 of the 1976 Code, as last amended by Act 52 of 1995, is further amended by adding a new paragraph at the end to read:
"No toll may be imposed on passage of any vehicle on federal interstate highways in this State which were in existence as of January 1, 1997, unless the imposition is otherwise affirmatively approved by the General Assembly in separate legislation enacted solely for that purpose."
SECTION 4. Section 56-3-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-910. All fees and penalties collected by the department under the provisions of this chapter shall be placed in the state general fund except for fees and penalties collected pursuant to Sections 56-3-660 and 56-3-670 which must be placed in the state highway account of the South Carolina Transportation Infrastructure Bank.
Beginning in fiscal year 1998-99, one-half of the revenues are remitted to the bank in fiscal year 1998-99, and the entirety of the revenue is remitted to the bank in fiscal year 1999-00 and thereafter."
SECTION 5. This act takes effect upon approval by the Governor except that the provisions of Section 4 are effective July 1, 1998./
Amend title to conform.
/s/Senator John C. Land, III /s/Rep. Alfred B. Robinson, Jr. /s/Senator Luke Rankin /s/Rep. Lewis R. Vaughn /s/Senator Arthur Ravenel /s/Rep. Mark S. Kelley On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3665 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS; TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITLES THROUGH THE BANK; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK REVENUE BONDS; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK GENERAL OBLIGATION BONDS; TO AMEND SECTION 57-3-615, AS AMENDED, RELATING TO TOLL PROJECTS SO AS TO DELETE THE REQUIREMENT THAT CERTAIN TOLL PROJECTS BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4 AND TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TOLL INTERSTATE HIGHWAYS AND TO USE THE TOLL FOR PROJECTS OTHER THAN THE TOLLED INTERSTATE HIGHWAY; AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO DISPOSITION OF CERTAIN FEES AND PENALTIES SO AS TO PROVIDE FOR THE PLACEMENT OF THE FEES AND PENALTIES IN THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
Very respectfully,
Speaker of the House
Received as information.
Senator RANKIN rose to a Point of Personal Privilege.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3402, R. 223 by a vote of 36 to 60:
(R223) H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Veto 1 Section 1, page 2, item (7) (b), Department of Archives and History, South Carolina History Center Relocation, $104,000
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3402, R. 223 by a vote of 104 to 2:
(R223) H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Veto 2 Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000
Very respectfully,
Speaker of the House
Received as information.
(R223) H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Veto 2 Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000.
The veto of the Governor was taken up for immediate consideration.
Senator LAND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Smith, J. Verne Thomas Waldrep Washington Williams Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3402, R. 223 by a vote of 45 to 62:
(R223) H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Veto 3 Section 1, page 3, item (16) (b), Department of Mental Health, Patient Paying Fee Account, $1,000,000
Very respectfully,
Speaker of the House
Received as information.
(R139) S. 634 (Word version) -- Senators Thomas and Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, 20-7-6905, AND 20-7-6910, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS, TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES, TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS AND TO ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM WAGES EARNED BY JUVENILES WORKING IN THE YOUTH INDUSTRIES PROGRAM AND TO PROVIDE FOR THE DISBURSEMENT OF THESE FUNDS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
June 10, 1997
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 634, R. 139, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, 20-7-6905, AND 20-7-6910, SO AS TO ESTABLISH THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS, TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES, TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS AND TO ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM WAGES EARNED BY JUVENILES WORKING IN THE YOUTH INDUSTRIES PROGRAM AND TO PROVIDE FOR THE DISBURSEMENT OF THESE FUNDS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE CHILD; TO AMEND SECTION 20-7-8305, RELATING TO THE BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
I am vetoing S. 634, R. 139, because, through technical error, it contains language that is inaccurate. I have signed H. 3862, R. 244 which is the corrected version that was passed after S. 634, R. 139.
For the above reason, I am vetoing S. 634, R. 139 of 1997.
Sincerely,
David M. Beasley
The veto of the Governor was taken up for immediate consideration.
Senator THOMAS moved that the veto of the Governor be sustained.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Rose Russell Ryberg Saleeby Setzler Smith, J. Verne Thomas Waldrep Washington Williams Wilson
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
In commemoration of continuous service with the State of South Carolina, Senator DRUMMOND, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
David Barden 10 years
Stephanie J. Biggerstaff 10 years
Elizabeth B. Dwarjanyn 10 years
Carol K. Fowles 10 years
Sharon S. Scholl 10 years
Jean P. Sifly 10 years
Malissa H. Ambrose 20 years
Pamela R. Faglie 20 years
Beverly B. Howard 20 years
Jan D. Plowden 20 years
Katherine A. Sprayberry 20 years
In addition, on behalf of the PRESIDENT Pro Tempore and a grateful Senate, Mrs. Jean M. Padgett was presented a certificate in appreciation for her many years of outstanding and loyal service and to offer the Senate's sincere congratulations upon receiving the Financial Services Audit Award of the Office of Insurance Services for 1996.
All were highly commended for their devoted and loyal service.
At 5:05 P.M., on motion of Senator DRUMMOND, the Senate receded from business subject to the Call of the Chair.
At 6:55 P.M., the Senate resumed.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 46 to 63:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 1 Part IA, Section 17B, Budget and Control Board, page 58, line 34, Capitol Complex Rent, $1,986,339
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 34 to 69:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 2 Part IB, Section 17C.15, page 407, Budget and Control Board, Division of Budget and Analyses: OHR - Pre-Approved Pay Plan
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 33 to 73:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 3 Part IB, Section 19.40, page 432, Department of Education: Project Citizen
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 53 to 61:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 4 Part IB, Section 29.16, page 459, Department of Health and Human Services: Family Planning
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 18 to 91:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 5 Part IB, Section 30.21, page 468-469, Department of Health and Environmental Control: Vital Records Fees,
Line 16 on page 468 that reads: "Records Search (includes one certification, if located) $12.00",
Lines 21-25 on page 468 that read:
"Special Filing Fees (additional to research fee)
(1) Correction of certificate by affidavit $15.00
(2) Amended certificate (adoption, legitimation, court order, paternity acknowledgment) $15.00
(3) Delayed Registration of Birth $15.00"
and
the sentence contained on lines 1-3 on page 469 that reads: "Any fee increase above the state fiscal year 1997 fee structure shall be returned to the Vital Records Central Office (Office of Public Health Statistics and Information Systems, Division of Vital Records)."
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 21 to 84:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 6 Part IB, Section 33.4, page 478, Department of Alcohol and Other Drug Abuse Services: Chemical Dependency Programs, the last four sentences of the proviso contained in lines 16 - 28 which read:
"The Department will present a report to the Governor's Office, to the Senate Finance Committee and to the House Ways and Means Committee no later than December 1, 1997. The Department is authorized to spend one half of the appropriated funds for this project for the first six months of the current fiscal year. The remaining funds for this project for the second half of the fiscal year may only be spent upon the written approval of the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee after receipt and written approval of the progress report submitted to them on December 1, 1997. The Department is required to include in their progress report due December 1, 1997, budgetary information on the matching funds for the programs from all sources including, but not limited to, state, federal, county and other local funds."
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3400, R. 222 by a vote of 94 to 12:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 7 Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds
Very respectfully,
Speaker of the House
Veto 7 Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds
The veto of the Governor was taken up for immediate consideration.
Senator LAND spoke on the veto.
Senator RYBERG argued in favor of sustaining the veto of the Governor.
Senator LAND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Bryan Courson Drummond Elliott Ford Giese Glover Hutto Jackson Land Lander Matthews McConnell McGill Mescher Moore* O'Dell Passailaigue Patterson Rankin Ravenel Reese Russell Setzler Smith, J. Verne Washington Wilson
Alexander Fair* Leatherman Martin Peeler Ryberg Thomas Waldrep
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent. The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 10 to 81:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 8 Part IB, Section 47.14, page 497, Department of Natural Resources: Field Trial Permits
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 72 to 42:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 9 Part IB, Section 49.8, page 498, Department of Parks, Recreation and Tourism: State Park Funding
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 19 to 90:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 10 Part IB, Section 49.9, page 499, Department of Parks, Recreation and Tourism: PRT Report Submission
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 24 to 71:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 11 Part IB, Section 72.42, pages 538-539, General Provision: State Owned Aircraft - Maintenance Logs, the last two sentences contained in the proviso, contained in lines 24-27 that read: "The Ethics Commission is authorized to make investigations of state agency records relating to these reporting requirements. Officials violating the 48 hour reporting requirement in this paragraph are subject to a non-suspendable $100 fine."
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 44 to 63:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 12 Part IB, Section 72.73, page 547, General Provision: Victim/ Witness Personnel
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 23 to 59:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 13 Part IB, Section 72.74, pages 547-548, General Provision: Boards of Dentistry & Accountancy Study
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3400, R. 222 by a vote of 77 to 29:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 14 Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device
Very respectfully,
Speaker of the House
Veto 14 Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL spoke on the veto.
Senator McCONNELL moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Drummond Elliott Ford Giese Glover Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 0 to 40:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 15 Part II, Section 28, pages II-22 through II-23, Elections Made by Retiring Judges
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3400, R. 222 by a vote of 78 to 38:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 16 Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services
Very respectfully,
Speaker of the House
Veto 16 Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL spoke on the veto.
Senator THOMAS moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Drummond Elliott Ford Giese Glover Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore* O'Dell Passailaigue Patterson Rankin Ravenel Reese Russell Setzler Smith, J. Verne Thomas Washington Wilson
Peeler Ryberg Waldrep
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 23 to 75:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 17 Part II, Section 44, pages II-34 and II-35, Manufacturer's Depreciation
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 14 to 93:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 18 Part II, Section 46, page II-35, Motorcycle Rider Safety Education Program
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 15 to 90:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 19 Part II, Section 54, pages II-39 through II-50, Items A, I, L, M, N, P, R, and the first sentence of item S that reads: "Subsections A, I, L, M, N, P, and R of the section are effective November 1, 1997." Video Poker
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 13 to 78:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 20 Part II, Section 64, pages II-58 through II-60, the item which begins on line 10 and ends on line 11 of page II-59 which reads: ", with the advice and consent of the Senate," Drug Awareness Resistance Education Fund
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 58 to 55:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 21 Part II, Section 70, pages II-65 and II-66, South Carolina State Employees' Association Participation in the State Health Plan
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued Veto 22 by the Governor on H. 3400, R. 222:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 22 Part II, Section 74, pages II-68 through II-74, Section 11-42-70 which begins on line 24 of page II-71 and ends on line 11 of page II-72, Comprehensive Infrastructure Development Act
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 0 to 6:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 23 Part II, Section 76, page II-74, Georgetown Water and Sewer District
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 4 to 71:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 24 Part II, Section 79, pages II-75 through II-81, Local Sales and Use Taxes for Transportation Facilities
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3400, R. 222 by a vote of 86 to 24:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 25 Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000
Very respectfully,
Speaker of the House
Veto 25 Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000
The veto of the Governor was taken up for immediate consideration.
Senator LAND spoke on the veto.
Senator COURSON spoke on the veto.
Senator DRUMMOND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryan Courson Drummond Elliott Ford Giese Glover Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 53 to 58:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 26 Part III, Section 2, page III-5, Item (28) (b), Department of Natural Resources, Heritage Trust, $100,000
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 72 to 41:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 27 Part III, Section 2, page III-5, Item (32), Indigent Defense, Maintenance of Current Programs, $594,068
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 33 to 68:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 28 Part III, Section 2, pages III-5 through III-6, Items (37)(a), (b), and (c), State Election Commission, $75,000, $27,000, and $15,000, respectively.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 63 to 46:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 29 Part III, Section 2, page III-6, Item (38), Parks, Recreation and Tourism, Palmetto Trails, $75,000
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 57 to 54:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 30 Part III, Section 2, page III-7, Item (52), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils, $125,000
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3400, R. 222 by a vote of 50 to 60:
H. 3400 -- GENERAL APPROPRIATION BILL
Veto 31 Part III, Section 2, pages III-7 through III-9, Item (52.1), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 739, R. 148 by a vote of 6 to 0:
(R148) S. 739 (Word version) -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3286, R.156 by a vote of 22 to 80:
(R156) H. 3286 (Word version) -- Rep. Sharpe: AN ACT TO AMEND SECTIONS 40-30-40 AND 40-30-65, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADVISORY PANEL AND DISCIPLINARY PANEL, RESPECTIVELY, FOR MASSAGE/BODYWORK, SO AS TO ALLOW A MEMBER OF EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO REQUIRE COMPENSATION FOR PANEL MEMBERS AS AUTHORIZED FOR MEMBERS OF BOARDS AND COMMISSIONS; TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO FEES SO AS TO PROVIDE FOR APPLICATION, RENEWAL, AND LATE FEES; TO AMEND SECTION 40-30-180, RELATING TO MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO PROVIDE REACTIVATION PROCEDURES WHEN CONTINUING EDUCATION REQUIREMENTS ARE NOT MET FOR RENEWAL; TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING ORDERS, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT RATHER THAN RULES OF CIVIL PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION 40-30-310, RELATING TO VIOLATIONS OF THE CHAPTER, SO AS TO PROVIDE THAT AN ACTION FOR INJUNCTIVE RELIEF MAY BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE DIVISION RATHER THAN CIRCUIT COURT; TO AMEND ACT 387 OF 1996, RELATING TO GRANDFATHERING PROVISIONS FOR MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR THE WAIVER OF THE EXAMINATION UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO PRACTICE MASSAGE/BODYWORK UNTIL JANUARY 1, 1998, IF OTHER REQUIREMENTS ARE MET.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 640, R. 202 by a vote of 11 to 89:
(R202) S. 640 (Word version) -- Senator Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY, TO PROVIDE AN EXCEPTION, AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3961, R. 176 by a vote of 6 to 87:
(R176) H. 3961 (Word version) -- Rep. Townsend: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT; BY ADDING SECTION 56-5-5315 SO AS TO PROVIDE PROVISIONS THAT GOVERN THE OPERATION OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on S. 358, R. 124 by a vote of 31 to 72:
(R124) S. 358 (Word version) -- Senator Bryan: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3253, R. 216 by a vote of 60 to 57:
(R216) H. 3253 (Word version) -- Reps. Klauber and Hawkins: AN ACT TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT, AVAILABLE FUNDING, AND A FIFTEEN-DAY LIMIT EACH YEAR.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 17, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 712, R. 146 by a vote of 9 to 1:
(R146) S. 712 (Word version) -- Senator Bryan: AN ACT TO AMEND ACT 1182 OF 1968, AS AMENDED. RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.
Very respectfully,
Speaker of the House
Received as information.
The PRESIDENT appointed Senators J. VERNE SMITH, RYBERG and PATTERSON to a Committee to Inform the House of Representatives that the Senate had completed its business and was ready to adjourn Sine Die.
The PRESIDENT appointed Senators ALEXANDER, GLOVER and MARTIN to a Committee to Inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed that when it adjourned today, it stand adjourned to meet tomorrow, June 18, 1997, at 10:00 A.M., for the exclusive purpose of ratifying acts and receiving messages, and upon the conclusion of the ratification of acts, the Senate would stand adjourned Sine Die.
Having received a favorable report from the York County Delegation, the following appointment was confirmed in open session:
Initial Appointment, York County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Mr. Clifford E. Berinsky, 4319 Inwood Drive, Rock Hill, S.C. 29732 VICE William L. Heinsohn (resigned)
Having received a favorable report from the Orangeburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Orangeburg County Probate Judge, with term to commence when confirmed and to expire January 6, 1998:
Ms. Vivian E. Ross-Bennett, 4262 Columbia Road, Orangeburg, S.C. 29118 VICE Margaret K. Thompson (deceased)
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Iren Pitts Shull of West Columbia, S.C.
At 7:40 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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