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 ACTING PRESIDENT, Senator RAVENEL.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, we read in Isaiah 39 (vv. 6, 8):
"A voice says, 'Cry out'!"
And I said, 'What shall I cry?'
All people are grass, their constancy is
like the flower of the field...
The grass withers, the flower fades; but
the WORD of our God will stand forever."
Let us pray.
Almighty God, You are the Alpha and the Omega, the beginning and the end of all things. You hold our destiny in Your mighty hand. We thank You that in a changing world there are things that never change.
Help us to read wisely the history of human-kind and mankind's God; and perceive, of a truth, that we are like the grass that grows, flourishes, and withers away.
But write it upon our hearts that the glory of mankind is discovered, alone, as he walks the planet earth arm-in-arm with his God.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2061
Promulgated by Department of Labor, Licensing and Regulation-Office of State Fire Marshal
Proximate Audience Pyrotechnics
Received by Lt. Governor October 31, 1996
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 10, 1997
Revised expiration date June 10, 1997 (Subject to Sine Die Revision)
Withdrawn and resubmitted March 12, 1997
Senator LEATHERMAN introduced Dr. William Hester of Florence, S.C., Doctor of the Day.
On motion of Senator WASHINGTON, at 11:00 A.M., Senator JACKSON was granted a leave of absence for today.
On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.
Columbia, S.C., March 13, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3339 (Word version) -- Reps. Bauer and Riser: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information
H. 3254 (Word version) -- Reps. Boan and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to place the Bill on the Calendar.
There was no objection.
The following were introduced:
S. 536 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO PERMIT A SUBCONTRACTOR OR MATERIAL SUPPLIER TO RECLAIM CERTAIN MATERIALS EVEN IF A MECHANIC'S LIEN OR ANY OTHER LIEN HAS BEEN FILED WITH RESPECT TO THE REAL PROPERTY, AND PROVIDE THAT ANY LAW ENFORCEMENT AGENCY OR DEPARTMENT, UPON REQUEST OF THE SUBCONTRACTOR OR MATERIAL SUPPLIER, SHALL RENDER ASSISTANCE IN THE RECOVERY OF SUCH MATERIALS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 29-6-60, RELATING TO THE INSTANCES AND CIRCUMSTANCES TO WHICH THE PROVISIONS OF CHAPTER 6, TITLE 29 THAT PERTAIN TO PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS DO NOT APPLY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 537 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 29-5-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE STATEMENT OF ACCOUNT WHICH
MUST BE SERVED ON THE OWNER TO PRESERVE THE LIEN, AND THE CONTENTS OF THE STATEMENT, SO AS TO CHANGE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE TIME PERIOD FOR SERVICE AND FILING UNDER THIS SECTION, AND PROVIDE FOR THE ACCRUAL OF INTEREST UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Banking and Insurance.
S. 538 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-210 SO AS TO REQUIRE ALL CANDIDATES FOR ELECTED OFFICE, INCLUDING INCUMBENTS, TO FILE THE SAME DOCUMENTS, AND TO REPEAL A PROVISION WHICH EXEMPTS AN INCUMBENT ELECTED OFFICIAL FROM REQUIREMENTS OTHER CANDIDATES MUST FILE TO QUALIFY FOR THE OFFICE.
Read the first time and referred to the Committee on Judiciary.
S. 539 (Word version) -- Senators Martin and Hayes: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSES, BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR THE GRADUATED LICENSING OF DRIVERS UNDER THE AGE OF EIGHTEEN; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO DRIVER'S LICENSE REQUIREMENTS AND BEGINNER'S PERMITS, SO AS TO, AMONG OTHER THINGS, RAISE THE AGE FOR APPLYING FOR A BEGINNER'S PERMIT, RAISE THE MINIMUM AGE OF THE ACCOMPANYING DRIVER, INCREASE THE FEE FOR A BEGINNER'S OR RENEWAL PERMIT, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO DRIVER'S LICENSES, PERSONS WHO MAY NOT BE LICENSED OR HAVE THEIR LICENSE RENEWED, AND BEGINNER'S OR INSTRUCTION PERMITS, SO AS TO DELETE THE PROVISION THAT PROHIBITS THE ISSUANCE OF A MOTOR VEHICLE DRIVER'S LICENSE TO, OR THE RENEWAL OF THE LICENSE OF, A PERSON WHO IS UNDER SIXTEEN YEARS OF AGE AND DELETE THE PROVISIONS AUTHORIZING THE ISSUANCE OF A BEGINNER'S OR INSTRUCTION PERMIT AS PROVIDED IN SECTIONS 56-1-50 AND 56-1-60 TO A PERSON AT LEAST FIFTEEN YEARS OF AGE AND AUTHORIZING THE ISSUANCE OF A SPECIAL RESTRICTED LICENSE TO A PERSON AT LEAST FIFTEEN AND LESS THAN SIXTEEN YEARS OLD AS PROVIDED IN SECTION 56-1-180; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO APPLICATION FOR DRIVER'S LICENSE OR PERMIT, SO AS TO ADD PROVISIONS PROVIDING, AMONG OTHER THINGS, THAT EVERY PERSON UNDER THE AGE OF EIGHTEEN YEARS WHO MAKES AN APPLICATION FOR A DRIVER'S LICENSE SHALL, IN ADDITION TO COMPLYING WITH SECTION 56-1-80(A), FURNISH WRITTEN PROOF OF SUCCESSFUL COMPLETION OF A STATE-APPROVED DRIVER EDUCATION COURSE; TO AMEND SECTION 38-73-470, AS AMENDED, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE PORTION OF THIS PREMIUM THAT MUST BE USED TO ADMINISTER CERTAIN PROVISIONS OF LAW AND PROVIDE FOR THE TRANSFERENCE OF THIS PORTION TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTION 38-73-738 SO AS TO PROVIDE THAT UPON REQUEST THE DEPARTMENT OF INSURANCE SHALL ISSUE TO EACH FIRST-TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST SIXTEEN YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER, PROVIDE FOR THE ESTABLISHMENT OF AN APPROVED DRIVER TRAINING COURSE, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATING THE CODE SECTION WHICH MAKES IT UNLAWFUL FOR NARCOTIC USERS OR PERSONS UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR LIKE SUBSTANCES TO DRIVE A MOTOR VEHICLE, SO AS TO INCREASE THE EXISTING PENALTIES AND PROVIDE ADDITIONAL PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING "GREAT BODILY INJURY" OR DEATH BY OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO INCREASE THE VARIOUS PENALTIES PROVIDED IN THIS SECTION; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO THE IMPLIED CONSENT TO CERTAIN CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OF THE OPERATOR OF A MOTOR VEHICLE, SO AS TO, AMONG OTHER THINGS, MAKE THE IMPLIED CONSENT APPLICABLE IF THE PERSON IS "APPREHENDED", INCREASE THE PERIOD OF SUSPENSION OF A DRIVER'S LICENSE IN THE EVENT OF A REFUSAL TO SUBMIT TO THE VARIOUS TESTS, PROVIDE THAT IF THE PERSON HAS A PRIOR LICENSE SUSPENSION FOR REFUSING TO SUBMIT TO THE TESTS, HIS PRIVILEGE TO DRIVE MUST BE SUSPENDED OR DENIED FOR AN EVEN LONGER PERIOD, AND PROVIDE FOR CERTAIN "REBUTTABLE PRESUMPTIONS", RATHER THAN "INFERENCES", WITH RESPECT TO PERSONS UNDER TWENTY-ONE YEARS OF AGE AND PERSONS WHO ARE TWENTY-ONE AND OLDER; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE OF A CONVICTED PERSON AND THE PERIOD OF SUSPENSION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, INCREASE VARIOUS PERIODS OF SUSPENSION, PROVIDE FOR PERMANENT REVOCATION AT AN EARLIER TIME, AND PROVIDE THAT APPLICANTS WHO HAVE EITHER TWICE FAILED TO COMPLETE THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM OR HAVE HAD THEIR LICENSE TO DRIVE PERMANENTLY REVOKED MAY NOT HAVE THEIR DRIVING PRIVILEGES RESTORED BY THE MEDICAL ADVISORY BOARD; TO AMEND SECTION 56-1-225, AS AMENDED, RELATING TO REEXAMINATION OF DRIVERS INVOLVED IN FOUR ACCIDENTS IN A TWENTY-FOUR MONTH PERIOD, SO AS TO CHANGE THE "FOUR ACCIDENTS" TO "TWO ACCIDENTS", REQUIRE THE DRIVER TO TAKE A PORTION OR ALL OF THE DRIVER'S LICENSE EXAMINATION RATHER THAN LEAVE IT TO STATE AGENCY DISCRETION AND PROVIDE THAT THE EXAMINATION SHALL INCLUDE A TEST OF DRIVING SKILLS; TO AMEND SECTION 56-1-280, AS AMENDED, RELATING TO MANDATORY SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO PROVIDE FOR REVOCATION OR SUSPENSION FOR NOT LESS THAN THIRTY DAYS OF THE LICENSE OF A PERSON UPON RECEIPT OF NOTICE OF THE CONVICTION OR ADMISSION OF FAULT OF THE PERSON FOR THREE OR MORE VEHICLE ACCIDENTS IN A TWENTY-FOUR MONTH PERIOD AND REQUIRE THIS PERSON TO SUBMIT TO A NEW DRIVER'S LICENSE EXAMINATION INCLUDING A DRIVING TEST, WITHIN THIRTY DAYS AFTER HAVING BEEN NOTIFIED OF THE REVOCATION OR SUSPENSION; TO AMEND SECTION 56-1-270, AS AMENDED, RELATING TO THE SUSPENSION, REVOCATION, OR RESTRICTION OF A DRIVER'S LICENSE ON REEXAMINATION, SO AS TO PROVIDE FOR TAKING THE EXAMINATION REQUIRED IN SECTION 56-1-130; TO AMEND SECTION 56-5-2910, AS AMENDED, RELATING TO RECKLESS HOMICIDE, PENALTIES, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, PENALTIES, AND SUSPENSION OF A DRIVER'S LICENSE, SO AS TO MAKE THE SECTION ALSO APPLICABLE TO A PERSON WHO DRIVES A VEHICLE TWENTY-FIVE MILES PER HOUR OR MORE ABOVE THE POSTED SPEED LIMIT AND INCREASE THE PENALTIES; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO MOTOR VEHICLES, RESTRICTIONS ON SPEED, AND GENERAL RULES AS TO MAXIMUM SPEED LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR THE ASSIGNMENT OF DRIVER'S LICENSE POINTS, CHANGE VARIOUS SPEED LIMITS FOR PURPOSES OF THIS SECTION AND CREATE TWO MISDEMEANOR OFFENSES; TO AMEND SECTION 56-1-460, AS AMENDED, RELATING TO PENALTIES FOR DRIVING WHILE A DRIVER'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO INCREASE CERTAIN PENALTIES; TO AMEND SECTION 56-10-220, AS AMENDED, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF INSURANCE, SO AS TO, AMONG OTHER THINGS, DELETE LANGUAGE APPERTAINING TO "CERTIFICATE" OF INSURANCE AND REPLACE IT WITH THE REQUIREMENT TO PROVIDE "RECEIPT OF PAYMENT" CONFIRMING THAT THE VEHICLE IS INSURED, OR "RECEIPT OF PROOF" OF INSURANCE; BY ADDING SECTION 56-10-225 SO AS TO PROVIDE FOR THE ISSUANCE OF WINDOW DECALS INDICATING THE DATE ON WHICH AN AUTOMOBILE INSURANCE POLICY FOR THAT VEHICLE HAS BEEN FULLY PAID AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO AMEND SECTION 56-10-260, RELATING TO FALSE CERTIFICATE OR FALSE EVIDENCE OF AUTOMOBILE INSURANCE AND PENALTIES, SO AS TO DELETE REFERENCE TO "MAKING A FALSE CERTIFICATE" OF INSURANCE OR PRESENTING FALSE EVIDENCE OF THE SAME AND REPLACING THAT WITH "FILING A FALSE RECEIPT OF PROOF OF INSURANCE" AND CHANGE CERTAIN PENALTIES; BY ADDING SECTION 56-10-275 SO AS TO PROVIDE A PROCEDURE FOR THE IMPOUNDMENT OF A MOTOR VEHICLE WHICH IS BELIEVED TO BE UNINSURED AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 56-10-276 SO AS TO ESTABLISH A PROCEDURE FOR CONDUCTING A HEARING ON THE ISSUE OF IMPOUNDMENT OF MOTOR VEHICLES PURSUANT TO SECTION 56-10-275 AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-77-116 SO AS TO REQUIRE THE AUTHORIZED AGENTS FOR EVERY AUTOMOBILE INSURER COVERED BY SECTION 38-77-110 TO CONDUCT A COMPLETE VISUAL INSPECTION OF THE ACTUAL VEHICLE TO BE INSURED BEFORE WRITING AN INSURANCE POLICY ON THAT VEHICLE AND PROVIDE THAT THE INSURER MAY ACCOUNT FOR A PREEXISTING PHYSICAL DAMAGE TO A VEHICLE WHEN SETTLING CLAIMS FOR THAT VEHICLE; TO AMEND SECTION 38-55-540, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", CRIMINAL PENALTIES FOR MAKING FALSE STATEMENT OR MISREPRESENTATION, AND RESTITUTION TO VICTIMS, SO AS TO CHANGE ONE OF THE MISDEMEANOR OFFENSES TO A FELONY OFFENSE AND INCREASE PENALTIES; TO AMEND SECTION 38-55-550, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND CIVIL PENALTIES, SO AS TO ADD PROVISIONS FOR RESTITUTION TO THE VICTIM OR VICTIMS OF THE INSURANCE FRAUD; TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO ADD PROVISIONS THAT A PERSON, INSURER, OR AUTHORIZED AGENCY THAT FAILS TO COMPLY WITH THE DIVISION'S REQUEST FOR INFORMATION RELATING TO A SUSPECTED FALSE STATEMENT OR MISREPRESENTATION AS SET FORTH IN SUBSECTION (B) OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND SUBJECT TO CERTAIN SPECIFIED SANCTIONS; BY ADDING SECTION 38-77-370 SO AS TO PROVIDE FOR ANTIFRAUD INVESTIGATIVE UNITS OR DIVISIONS BY CERTAIN AUTOMOBILE INSURERS AND FOR ANTIFRAUD PLANS BY CERTAIN OTHER INSURERS AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO REDEFINE "DAMAGES" AND PROVIDE A DEFINITION FOR "PUNITIVE DAMAGES"; BY ADDING SECTION 38-77-325 SO AS TO PROVIDE THAT IN EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE WHERE THE INSURER HAS OPTED AGAINST INSURING THE INSURED AGAINST PUNITIVE DAMAGES THE POLICY SHALL CONTAIN A NOTICE INFORMING THE INSURED THAT THE COVERAGE DOES NOT COVER ANY PUNITIVE DAMAGES ASSESSED AGAINST HIM AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE "MANDATE TO WRITE" AND AUTOMOBILE INSURANCE COVERAGE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO INSURE AGAINST PUNITIVE DAMAGES ASSESSED AGAINST AN INSURED FOR THE INSURED'S GROSS NEGLIGENCE OR WANTON OR RECKLESS MISCONDUCT IN OPERATING A MOTOR VEHICLE; BY ADDING SECTION 38-77-327 SO AS TO PROVIDE THAT UNDER THE AUTOMOBILE INSURANCE LAW IN AN ACTION FOR MONETARY DAMAGES THE TOTAL AMOUNT AWARDED FOR PUNITIVE DAMAGES AGAINST ALL DEFENDANTS FOUND TO BE LIABLE MUST BE DETERMINED BY THE TRIER OF FACT, THAT PUNITIVE DAMAGES MAY BE AWARDED ONLY IF ACTUAL DAMAGES ARE AWARDED, AND THAT IF NO AWARD OF ACTUAL DAMAGES IS MADE, THE CLAIM FOR PUNITIVE DAMAGES MUST BE DISMISSED; TO AMEND SECTION 15-33-135, RELATING TO CIVIL REMEDIES, VERDICTS, PUNITIVE DAMAGES, AND BURDEN OF PROOF, SO AS TO SET FORTH WHAT THE PLAINTIFF MUST ACTUALLY SHOW ON THE PART OF THE DEFENDANT IN ORDER TO CARRY THE BURDEN OF PROOF SUCCESSFULLY AND DEFINE "CLEAR AND CONVINCING EVIDENCE"; BY ADDING SECTION 38-77-185 SO AS TO PROVIDE THAT THE PREVAILING PARTY IN A CIVIL ACTION RELATING TO THE REJECTION OF INSURANCE CLAIMS OR REASONABLE SETTLEMENT OFFERS BY AN AUTOMOBILE INSURER TO PAY FOR BODILY INJURY AND PROPERTY DAMAGE INCURRED BY AN INSURED PARTY AS THE RESULT OF AN AUTOMOBILE ACCIDENT IS ENTITLED TO ATTORNEYS' FEES WHICH MUST BE PAID BY THE NONPREVAILING PARTY AND PROVIDE FOR RELATED MATTERS; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 4 SO AS TO ENACT THE "CONTINGENCY FEE FAIRNESS AND DISCLOSURE ACT" AND PROVIDE FOR THE REGULATION OF ATTORNEY'S FEES IN AUTOMOBILE ACCIDENT CASES AND PROVIDE FOR RELATED AND OTHER MATTERS; TO CHANGE THE TITLE OF ARTICLE 7 OF CHAPTER 77 OF TITLE 38 FROM "ARBITRATION OF PROPERTY DAMAGE LIABILITY CLAIMS" TO "ALTERNATIVE DISPUTE RESOLUTION OF PROPERTY DAMAGE AND BODILY INJURY LIABILITY CLAIMS" FOR PURPOSES OF THE AUTOMOBILE INSURANCE LAW; TO AMEND SECTION 38-77-710, RELATING TO APPOINTMENT OF ATTORNEYS AS ARBITRATORS TO HEAR AND DETERMINE PROPERTY DAMAGE LIABILITY CLAIMS IN MOTOR VEHICLE ACCIDENT CASES, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE AND PROVISIONS, REFERENCE THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE AND THE SOUTH CAROLINA RULES OF EVIDENCE, PROVIDE FOR THE ARBITRATION OF BODILY INJURY LIABILITY CLAIMS, AND PROVIDE THAT ARBITRATION PROCEEDINGS MUST BE ADMINISTERED PURSUANT TO AND ARE SUBJECT TO PROCEDURES ESTABLISHED BY THE AMERICAN ARBITRATION ASSOCIATION; TO AMEND SECTION 38-77-720, RELATING TO THE NUMBER, QUALIFICATIONS, AND COMPENSATION OF ARBITRATORS OF MOTOR VEHICLE ACCIDENT CLAIMS, SO AS TO INCREASE THE MAXIMUM COMPENSATION OF EACH ARBITRATOR, CHANGE THE MEANS AND MANNER OF PAYING THIS COMPENSATION, AND CHANGE THE PROVISIONS REGARDING PAYMENT OF THE REQUIRED FEE TO THE CLERK OF COURT; TO AMEND SECTION 38-77-730, RELATING TO REQUESTS FOR ARBITRATION OF MOTOR VEHICLE ACCIDENT CLAIMS AND THE ARBITRATION DOCKET, SO AS TO, AMONG OTHER THINGS, INCLUDE COVERAGE OF BODILY INJURY LIABILITY CLAIMS, PROVIDE FOR THE AMOUNT IN ARBITRATION, AND CHANGE THE FEE FOR SERVICE OF THE CLAIM; TO AMEND SECTION 38-77-740, RELATING TO ARBITRATION OF CLAIMS ARISING FROM MOTOR VEHICLE ACCIDENTS, HEARING, NOTICE TO PARTIES, DAMAGES TO BE AWARDED, AND SECURING ATTENDANCE OF WITNESSES, SO AS TO APPLY THE SECTION TO BODILY INJURY CLAIMS, REQUIRE THAT AN ESTIMATE OF THE EXTENT OF BODILY INJURY SIGNED BY THE TREATING PHYSICIAN BE BROUGHT TO THE ARBITRATION HEARING, IF APPLICABLE, AS WELL AS BILLS FOR MEDICAL EXPENSES INCURRED OR EXPECTED TO BE INCURRED, ALSO IF APPLICABLE, AND PROVIDE FOR THE METHOD, MANNER, AND EXTENT OF AWARDING DAMAGES FOR BODILY INJURY; AND TO AMEND SECTION 38-77-770, RELATING TO THE RIGHT TO APPEAL DECISIONS IN ARBITRATION HEARINGS OF CLAIMS ARISING FROM MOTOR VEHICLE ACCIDENTS, SO AS TO PROVIDE THAT THE TRIAL ON APPEAL MUST BE A TRIAL "ON THE RECORD" RATHER THAN A TRIAL "DE NOVO", CHANGE THE PERIOD OF TIME FOR SERVING THE NOTICE OF APPEAL, AND PROVIDE FOR THE PAYMENT OF THE COSTS OF THE ARBITRATION PROCEEDING.
Read the first time and referred to the Committee on Transportation.
S. 540 (Word version) -- Senators Hutto, Matthews, Land, Short, Williams, Hayes, Rose, Mescher, Cork, Reese, Martin, Wilson, Fair, Passailaigue, Anderson, Rankin, Moore and Gregory: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT PROPERTY OWNED AND USED BY A COUNTY FAIR ASSOCIATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER SECTION 501(C) OF THE UNITED STATES INTERNAL REVENUE CODE.
Read the first time and referred to the Committee on Finance.
S. 541 (Word version) -- Senators Drummond, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO THOSE GIRL SCOUTS WHO SERVED SO EFFICIENTLY AND EFFECTIVELY AS PAGES IN THE SENATE DURING THE WEEK OF MARCH 10-15, 1997.
The Senate Resolution was adopted.
H. 3100 (Word version) -- Reps. Allison, Townsend, Walker and Meacham: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE FOR THE MANNER IN WHICH EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL PLAN THE SCHOOL TERM SO THAT UP TO THREE NONINSTRUCTIONAL DAYS SHALL BE DESIGNATED AS MAKEUP DAYS FOR THIS PURPOSE.
Read the first time and referred to the Committee on Education.
H. 3287 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3572 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3573 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEVELOPMENTAL ACTIVITIES AND REMEDIAL PROGRAMS IN GRADES 1-8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2006, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3574 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CLEARLY DEFINED VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3575 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO VOCATIONAL GRANTS FOR THE UPDATING OF EXISTING VOCATIONAL PROGRAMS AND THE IMPLEMENTATION OF NEW VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2010, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3576 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3577 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PHILOSOPHY OF COMMUNITY EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2020, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3578 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FEDERALLY-FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2024, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3579 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPULSORY KINDERGARTEN PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3580 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRANSFERS AND WITHDRAWALS (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 2027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3581 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT SAFETY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3582 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INOCULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2031, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3583 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESSES, (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3645 (Word version) -- Rep. Beck: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING THOMAS W. (TOM) GREENE FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS MAYOR OF NORTH AUGUSTA AND AS A NORTH AUGUSTA CITY COUNCILMAN AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM PUBLIC OFFICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3646 (Word version) -- Rep. Beck: A CONCURRENT RESOLUTION COMMENDING MAYOR PRO TEM WILLIAM L. (BILL) GRAY OF NORTH AUGUSTA FOR HIS MANY YEARS OF EXCELLENT PUBLIC SERVICE AS A NORTH AUGUSTA CITY COUNCILMAN AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT FROM OFFICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3660 (Word version) -- Rep. Hinson: A CONCURRENT RESOLUTION CONGRATULATING THE STRATFORD HIGH SCHOOL KNIGHTS OF GOOSE CREEK AND COACH JOHN CHALUS FOR THEIR FIRST EVER AAAA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3662 (Word version) -- Rep. Hinson: A CONCURRENT RESOLUTION COMMENDING THE STRATFORD HIGH SCHOOL LADY KNIGHTS OF GOOSE CREEK, SOUTH CAROLINA, AND COACH DEBRA TOLAR FOR THEIR 31-6 SEASON, CAPPED BY WINNING THE AAAA STATE SOFTBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HUTTO from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 25 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700 OF THE 1976 CODE, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
Ordered for consideration tomorrow.
S. 348 (Word version) -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 8 AT THE SALUDA RIVER IN ANDERSON COUNTY IN HONOR OF THE LATE JOHN ALFRED PHIBBS AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 269 (Word version) -- Senators Setzler and Moore: A BILL TO AMEND CHAPTER 7, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION AND LICENSURE OF BARBERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF BARBERS.
(By prior motion of Senator SETZLER, with unanimous consent)
S. 24 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.
(By prior motion of Senator LEVENTIS, with unanimous consent)
S. 275 (Word version) -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.
S. 512 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 513 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO INSTRUCTIONAL RESOURCES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 514 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 515 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHEDULING FOR INSTRUCTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 516 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STUDENT RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2139, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 517 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL LIBRARIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 518 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 519 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 520 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO COLLEGE PREPARATORY PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2125, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 521 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PILOT PROJECTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 522 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRUG EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 523 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CLASS SIZE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2131, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 524 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FIELD TRIPS AND EXCURSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. S. 525 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2130, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 526 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GUIDANCE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 527 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ADVANCED PLACEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2137, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 528 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CURRICULUM FOR GRADES 9-12 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2127, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 292 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-216 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT AND MAINTAIN CONCEALABLE WEAPON APPLICATION, RENEWAL, AND REPLACEMENT FEES FOR THE ADMINISTRATION OF THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1996".
Senator LEVENTIS explained the Bill.
S. 330 (Word version) -- Senators Peeler, Gregory, Hayes and Short: A BILL TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THAT THIS DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A SUBSEQUENT DELEGATION RESOLUTION.
Senator PEELER explained the Bill.
S. 340 (Word version) -- Senator Leatherman: A BILL 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.
Senator PASSAILAIGUE explained the Bill.
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. The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Finance proposed the following amendment (343R001.FIN), which was adopted:
Amend the bill, as and if amended, page [343-1], lines 23 through 32, by striking Section 12-51-50 in its entirety and inserting in lieu thereof the following:
/"Section 12-51-50. The property duly advertised must be sold by the person officially charged with the collection of delinquent taxes at public auction at the courthouse or other building owned or leased by the county where the property tax records are kept, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full on the date of the sale. In case the defaulting taxpayer has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may be sold."/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 6 (Word version) -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54, SO AS TO CREATE THE "SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT"; TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN; TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT; TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE; TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
Senator MOORE explained the Bill.
S. 329 (Word version) -- Senator Passailaigue: A BILL TO AMEND SECTION 11-27-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS SUBJECT TO CONSTITUTIONAL DEBT LIMITS, SO AS TO EXEMPT FROM THE CONSTITUTIONAL DEBT LIMITATION REVENUE DERIVED BY GOVERNMENTAL ENTITIES FROM ACTIVITY OTHER THAN THE EXERCISE OF THE POWER OF AD VALOREM TAXATION.
Senator PASSAILAIGUE explained the Bill.
On motion of Senator PASSAILAIGUE, with unanimous consent, S. 329 was ordered to receive a third reading on Friday, March 14, 1997.
Having voted on the prevailing side, Senator PASSAILAIGUE asked unanimous consent to make a motion to reconsider the vote whereby the Bill was ordered to receive a third reading on Friday, March 14, 1997.
There was no objection.
S. 359 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
Senator GIESE explained the Bill.
On motion of Senator GIESE, with unanimous consent, S. 359 was ordered to receive a third reading on Friday, March 14, 1997. S. 360 (Word version) -- Senators Drummond, Bryan, Giese and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-5-55 SO AS TO ESTABLISH THE DRINKING WATER REVOLVING LOAN FUND AND PROVIDE FOR THE MANNER IN WHICH IT MUST BE ADMINISTERED; TO AMEND ACT 513 OF 1992, RELATING TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO BRING THIS STATE'S LAWS INTO COMPLIANCE WITH THE 1996 AMENDMENTS TO THE SAFE DRINKING WATER ACT, TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, SECTION 1452, TITLE 42, UNITED STATES CODE, AND BY ADDING AN APPROPRIATE LEGISLATIVE FINDING; TO AMEND SECTION 48-5-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO CHANGE THE DEFINITION OF "FUND" TO "CLEAN WATER FUND", ADD A DEFINITION FOR "DRINKING WATER FUND" AND "SAFE DRINKING WATER ACT", AND CHANGE THE DEFINITION OF "PROJECT"; TO AMEND SECTION 48-5-40, RELATING TO THE POWERS OF THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY, SO AS TO ADD ADDITIONAL POWERS INCLUDING THE AUTHORIZATION TO ESTABLISH ACCOUNTS FOR THE DEPOSIT OF PORTIONS OF GRANTS; TO AMEND SECTION 48-5-50, RELATING TO THE CONTINUED EXISTENCE OF THE FUND PREVIOUSLY CREATED PURSUANT TO CHAPTER 6 OF TITLE 48, SO AS TO CLARIFY THE NAME OF THE FUND AS BEING THE CLEAN WATER FUND; TO AMEND SECTION 48-5-60, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS UNDER THE ACT, SO AS TO ADD REFERENCE TO THE SAFE DRINKING WATER ACT AND AUTHORIZE THE ESTABLISHMENT OF ACCOUNTS AND THE DEPOSITING IN THEM PORTIONS OF FEDERAL GRANTS AUTHORIZED BY THE SAFE DRINKING WATER ACT; AND TO AMEND SECTION 48-5-160, RELATING TO REPORTING REQUIREMENTS OF THE AUTHORITY TO THE GOVERNOR, GENERAL ASSEMBLY, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, SO AS TO ADD THE REQUIREMENT THAT A BIENNIAL REPORT BE MADE TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE DRINKING WATER REVOLVING LOAN FUND.
H. 3435 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator MATTHEWS explained the Resolution.
On motion of Senator MATTHEWS, with unanimous consent, H. 3435 was ordered to receive a third reading on Friday, March 14, 1997.
H. 3502 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.
Senator BRYAN explained the Bill.
On motion of Senator MOORE, with unanimous consent, H. 3502 was ordered to receive a third reading on Friday, March 14, 1997.
S. 535 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
Senator GIESE explained the Bill.
On motion of Senator GIESE, with unanimous consent, S. 535 was ordered to receive a third reading on Friday, March 14, 1997.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Labor, Commerce and Industry proposed the following amendment (271ROO1.JVS), which was adopted:
Amend the bill, as and if amended, Section 40-3-10, page 11, line 31, after / persons /, by inserting:
/appointed by the Governor with the advice and consent of the Senate/
Amend title to conform.
Senator MOORE explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator MOORE, with unanimous consent, S. 271 was ordered to receive a third reading on Friday, March 14, 1997.
S. 23 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 29-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REDUCE FROM SIXTY TO FIVE DAYS THE TIME IN WHICH THE OWNER OF AN ANIMAL MUST SATISFY A LIEN PLACED UPON THE ANIMAL FOR EXPENSES RELATING TO COSTS ASSOCIATED WITH BOARDING OF THE ANIMAL FOR UPKEEP, REST, AND TRAINING; TO REDUCE FROM FIFTEEN TO SEVEN DAYS THE TIME PERIOD DURING WHICH THE OWNER OF THE BOARDING FACILITY MUST ADVERTISE THE SALE OF AN ANIMAL WHEN ITS OWNER FAILS TO SATISFY A LIEN FOR BOARDING AFTER
NOTICE; AND TO PROVIDE THAT AN ANIMAL NOT PURCHASED AT THE ADVERTISED SALE BECOMES THE SOLE PROPERTY OF THE BOARDING FACILITY OWNER WITH ALL RIGHTS, PRIVILEGES, AND OBLIGATIONS OF OWNERSHIP.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0023.001), which was adopted:
Amend the bill, as and if amended, page 2, line 1, in Section 29-15-60, as contained in SECTION 1, by striking /five/ and inserting / ten/.
Amend the bill further, as and if amended, page 2, line 15, in Section 29-15-60, as contained in SECTION 1, by striking line 15 in its entirety and inserting therein the following:
/obligations of ownership. A transfer of ownership pursuant to this section entitles the new owner of the animal to obtain the breed registration certificate for the animal from the organization or association which issued the certificate."/
Amend title to conform.
Senator COURTNEY explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 52 (Word version) -- Senator Passailaigue: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-145 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH ADVERTISING AND THE SALE OF ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0052.001), which was adopted:
Amend the bill, as and if amended, beginning on page 3, line 10, in Section 11-9-145 (H), as contained in SECTION 1, by striking lines 10 through 12 in their entirety and inserting therein the following:
/(H) Institutions of higher education, the South Carolina Department of Parks, Recreation and Tourism, and agencies or programs which receive no state appropriated general funds are exempt from the provisions of this section./
Amend title to conform.
Senator PASSAILAIGUE explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 72 (Word version) -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-220, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION THAT EMPLOYS A LAW ENFORCEMENT OFFICER WHO HAS SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY CHAPTER 23 OF THIS TITLE WHILE EMPLOYED BY ANOTHER POLITICAL SUBDIVISION MUST REIMBURSE THE POLITICAL SUBDIVISION THAT EMPLOYED THE OFFICER AT THE TIME OF TRAINING.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0072.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-220, SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY WHICH EMPLOYS A LAW ENFORCEMENT OFFICER WHO SUCCESSFULLY COMPLETED THE TRAINING REQUIRED BY SECTION 23-6-430 WHILE EMPLOYED BY ANOTHER GOVERNMENTAL ENTITY MUST REIMBURSE THE GOVERNMENTAL ENTITY THAT EMPLOYED THE OFFICER DURING THE TRAINING PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-220. (A) For purposes of this subsection:
(1) 'governmental entity' means the State or any of its political subdivisions;
(2) 'law enforcement officer' means a law enforcement officer as defined in Section 23-6-400(D)(1).
(B) If a governmental entity subsequently employs, as a permanent employee, a law enforcement officer who successfully completed the training required by Section 23-6-430 while employed by another governmental entity, the governmental entity that subsequently hires the officer must reimburse the governmental entity that employed the officer during the training period:
(1) one hundred percent of the cost of the officer's salary paid during the training period if the officer is hired within one year of the date of successful completion of the training; or
(2) fifty percent of the cost of the officer's salary paid during the training period if the officer is hired after one year but before the end of the second year after the date of successful completion of the training.
(C) If the law enforcement officer is employed by another governmental entity more than two years after the date of successful completion of the training, the governmental entity which employed the officer during the training period shall not be reimbursed for the cost of the officer's salary paid during the training period.
(D) If the law enforcement officer is employed by more than one successive governmental entity within the two-year period after the date of successful completion of the training, a governmental entity which reimbursed the governmental entity that employed the officer during the training period may obtain reimbursement from the successive governmental entity employer for:
(1) one hundred percent of the cost of the officer's salary paid during the time of training if the successive governmental entity employer hires the officer within one year of the date of successful completion of the training; or
(2) fifty percent of the cost of the officer's salary paid during the time of training if the successive governmental entity employer hires the officer after one year but before the end of the second year after the date of successful completion of the training.
(E) Under no circumstances shall the governmental entity that employed the officer during the time of training or a governmental entity seeking reimbursement from a successive governmental entity employer be reimbursed for more than one hundred percent of the cost of the officer's salary during the training period."
SECTION 2. This act takes effect upon approval by the Governor./
Senator COURTNEY explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 156 (Word version) -- Senator Passailaigue: A BILL TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 62, SO AS TO PROVIDE FOR THE "PROPERTY TAX REDUCTION WORK ACT"; TO PERMIT TAXPAYERS TO REDUCE THEIR PROPERTY TAX DEBT UNDER CERTAIN CIRCUMSTANCES BY BECOMING "RESIDENT ASSOCIATES" WORKING PART-TIME FOR THE COUNTY IN LIMITED POSITIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Finance proposed the following amendment (156R001.ELP), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Title 12 of the 1976 Code is amended by adding:
Section 12-62-100. This act is known and may be cited as the 'Property Tax Reduction Work Act.'
Section 12-62-110. The General Assembly finds and declares that:
(1) Property taxes remain one of the highest single expenses for state residents and are especially burdensome for seniors on fixed incomes, single-income families, and families with children in college.
(2) Retired residents, homemakers, and students possess many of the necessary clerical and professional skills needed for efficient running of county governments.
(3) It is in the public interest to use the part-time talent and skills of state residents to help in the functioning of government because it involves more people with their government and can lower property taxes by reducing the need for full-time employees.
(4) Many state residents would be motivated to perform services for their county if, in return, their property tax liability could be reduced.
Section 12-62-120. A county governing body may, by ordinance, adopt a county property tax reduction program permitting certain residents of the county to work off portions of their property taxes in exchange for performing services for the county.
Section 12-62-130. In order for a person to be eligible for participation in a county property tax reduction program, the taxpayers' primary residence must be in the county. A county governing body is authorized to structure and limit participation in a county work reduction program in order to achieve local objectives, adopted pursuant to this chapter. However, the following applicants are not eligible for participation in a program adopted pursuant to this chapter:
(A) county officials and employees, and persons related to county officials or employees;
(B) persons in any week that are receiving or seeking unemployment benefits under an unemployment compensation law of any other state or of the United States; provided, that if the appropriate agency of the other state or of the United States finally determines that the individual is not entitled to unemployment benefits, this disqualification does not apply; and
(C) persons that have been convicted of the illegal receipt or attempted receipt of benefits contrary to the provisions of this chapter as the result of any false or fraudulent representation.
Section 12-62-140. Program applications may require information from applicants such as, but not limited to: proof of residency, age, payment of taxes due, and income. In structuring a program, a county may utilize an application process to determine special skills, interests, and any physical limitations of program applicants.
Section 12-62-150. Program participants may be compensated for work under the program by direct reimbursements, vouchers, or any other method designed to offset the applicable portion of property taxes paid. However, the amount of compensation must not equate to less than the mandatory minimum wage amount established under state or federal law and all deductions relating to the withholding of taxes, as required by law, shall be made from compensation earned by working in the program.
Section 12-62-160. Program participants are not entitled to any benefits or compensation other than payment for services pursuant to Section 12-62-150. A county may limit eligibility for participants so that the total compensation does not exceed the amount of a designated portion of their current property taxes."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator PASSAILAIGUE explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 267 (Word version) -- Senators Giese and Lander: A BILL TO AMEND SECTION 14-7-1390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR NONATTENDANCE AS A JUROR IN ANY COURT OF THIS STATE, SO AS TO INCREASE THE PENALTY; TO AMEND SECTION 22-2-130, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0267.001), which was adopted:
Amend the bill, as and if amended, page 1, line 31, in Section 14-7-1390, as contained in SECTION 1, by striking the word /fine/ and inserting therein: / fine civil penalty /.
Amend the bill further, as and if amended, page 1, beginning on line 42, in Section 22-2-130, as contained in SECTION 2, by striking line 42 through line 4 on page 2 and inserting therein the following:
/delinquency, he shall forfeit and pay a fine of ten dollars to the treasury of the county in which the case is tried, to be assessed by such magistrate and collected on his warrant without other process pay a civil penalty not exceeding fifty dollars. A failure to pay forthwith such fine the civil penalty so assessed shall constitute constitutes a contempt of/
Amend the bill further, as and if amended, page 2, beginning on line 18, in Section 22-3-950, as contained in SECTION 3, by striking lines 18 through 21 and inserting therein the following:
/twenty dollars fine and twelve hours imprisonment. A magistrate shall have the power to punish for contempt of court by imposition of sentences up to the limits imposed on magistrates' courts in Section 22-3-550."/
Amend title to conform.
Senator COURTNEY explained the committee amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator GIESE, with unanimous consent, S. 267 was ordered to receive a third reading on Friday, March 14, 1997.
S. 293 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO AUTHORIZE THE OFFICE OF THE SECRETARY OF STATE TO RETAIN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS IN A FISCAL YEAR OF CORPORATION AND UNIFORM COMMERCIAL CODE FILING FEES PAID TO THAT OFFICE TO BE EXPENDED FOR COMPUTER EQUIPMENT UPGRADES, MAINTENANCE, AND SOFTWARE FOR THE CORPORATE DIVISION'S COMPUTER SYSTEM, TO ALLOW THE CARRYFORWARD OF UNEXPENDED FEES TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THIS PROVISION CONTINUES TO APPLY WITH RESPECT TO ANY SUCCESSOR AGENCY CHARGED WITH RECEIVING AND MAINTAINING THE CORPORATION AND UNIFORM COMMERCIAL CODE FILINGS REQUIRED BY LAW.
Senator DRUMMOND asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection.
S. 487 (Word version) -- Senators Leatherman and Giese: A JOINT RESOLUTION ESTABLISHING THE GENERAL FRANCIS MARION GRAVESITE COMMITTEE TO DETERMINE THE APPROPRIATENESS AND FEASIBILITY OF MOVING THE REMAINS OF GENERAL FRANCIS MARION, "SWAMPFOX OF THE AMERICAN REVOLUTION", AND HIS WIFE, MARY ESTHER VIDEAU MARION, FROM THE CURRENT BURIAL SITE NEAR BELLE ISLE PLANTATION IN BERKELEY COUNTY TO A SUITABLE SITE ON THE GROUNDS OF FRANCIS MARION UNIVERSITY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO AUTHORIZE THE COMMITTEE TO IMPLEMENT THE MOVE IF DETERMINED FEASIBLE AND APPROPRIATE.
Senator MESCHER asked unanimous consent to commit the Resolution to the General Committee.
Senator PEELER objected.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 310 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 264 (Word version) -- Senators Lander, Bryan and Leventis: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID WITHIN FIVE WORKING DAYS OF RECEIPT OF THE REQUEST FOR FUNDS FROM THE COUNTY TREASURER .
Senator LANDER moved that the Bill be made a Special Order.
The Bill was made a Special Order.
S. 488 (Word version) -- Senator Moore: A SENATE RESOLUTION URGING THE PRESIDENT OF THE UNITED STATES AND CONGRESS TO SUPPORT THE PETITION OF THE REPUBLIC OF POLAND FOR ADMISSION TO THE NORTH ATLANTIC TREATY ORGANIZATION (NATO) AND REQUESTING THE PRESIDENT AND CONGRESS TO SUPPORT THE ESTABLISHMENT DURING 1997 OF A TIMETABLE FOR POLAND'S ADMISSION TO NATO.
Senator MOORE moved that the Resolution be recalled from the General Committee.
The motion was adopted and the Resolution was recalled from the General Committee.
On motion of Senator MOORE, the Resolution was referred to the Aiken County Delegation.
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Carolyn Williams of Rock Hill, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, March 14, 1997, it stand adjourned to meet next Tuesday, March 18, 1997, at 12:00 Noon, which motion was adopted.
At 11:50 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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