Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Our Father God, as we begin the work of a new day in another week here, we again pray in thanksgiving for Your blessings and continue to seek Your help. Be a part of us to refresh us, be around us to bless us, above us to protect us, before us to lead us on, and beneath us to hold us up. Send us forth to the things that need to be done, with the edges of our minds keen, our thinking straight and true, and our actions controlled by Your teachings. Deliver us from that selfishness which tolerates its way only. Be forever the Light for our pathway. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WOODRUM moved that when the House adjourns, it adjourn in memory of Claude Odell Odom, Jr. of Sumter, which was agreed to.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963 and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold
From March 6, 1998 to June 2, 1999
2,474 @ $ 5.00 each $ 12,370.00
Total $ 12,380.00
Accounting:
Cash on Hand $ 10.00
Cash on Deposit in State General Fund $ 12,370.00
Total $ 12,380.00
/s/ Sandra K. McKinney
Clerk of the House
June 2, 1999
Received as information.
The following was introduced:
H. 4210 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO RECOGNIZE THE HARD WORK AND CONTRIBUTIONS MADE TO THE LIONS INTERNATIONAL TRADING PIN CLUB BY ED AND DOROTHY FOGELMAN OF THE STATE OF WASHINGTON, TO WISH THIS COUPLE GODSPEED AS THEY BOTH RETIRE FROM THE GOVERNING BOARD OF THE CLUB, AND TO FURTHER RECOGNIZE THAT ALL OF THEIR LIVES ED AND DOROTHY FOGELMAN HAVE SERVED THEIR COMMUNITY AND THEIR COUNTRY AND MAINTAINED A STRONG WORK ETHIC AND POSITIVE OUTLOOK ON LIFE.
The Resolution was adopted.
The following was introduced:
H. 4211 (Word version) -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION COMMENDING BURNHAM H. "BILL" PERRY, SR., OF ROCK HILL ON BEING NAMED "1999 OUTSTANDING STATE EMPLOYEE".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4212 (Word version) -- Reps. Pinckney, Cobb-Hunter and Lloyd: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 82 SO AS TO ENACT THE "CHILDREN'S HEALTH ACT" WHICH CREATES THE CHILDREN'S MEDICAL SERVICES PROGRAM TO PROVIDE CHILDREN WITH SPECIAL HEALTH CARE NEEDS, A COMPREHENSIVE MANAGED SYSTEM OF CARE; TO CREATE THE SOUTH CAROLINA KIDCARE PROGRAM TO PROVIDE HEALTH BENEFITS TO UNINSURED, LOW-INCOME CHILDREN THROUGH AFFORDABLE HEALTH BENEFITS COVERAGE OPTIONS TO WHICH FAMILIES MAY CONTRIBUTE FINANCIALLY TO THE HEALTH CARE OF THEIR CHILDREN; TO CREATE THE SOUTH CAROLINA HEALTHY KIDS CORPORATION PROGRAM TO ORGANIZE SCHOOL CHILDREN GROUPS TO FACILITATE THE PROVISION OF COMPREHENSIVE HEALTH INSURANCE COVERAGE TO CHILDREN; TO PROVIDE FOR THE POWERS AND DUTIES OF STATE AGENCIES TO CARRY OUT THESE PROGRAMS, AND TO PROVIDE ELIGIBILITY CRITERIA AND PROGRAM COMPONENTS AND BENEFITS; AND TO REQUIRE THE ESTABLISHMENT OF DEVELOPMENTAL EVALUATION AND INTERVENTION SERVICES AT EACH HOSPITAL THAT PROVIDES LEVEL II OR LEVEL III NEONATAL INTENSIVE CARE SERVICES AND TO STATE WHAT SERVICES MUST BE PROVIDED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 668 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 11-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BONDS FOR POLITICAL SUBDIVISIONS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THE TERM AND AMOUNT OF BONDS THAT MAY BE SOLD AT PRIVATE SALE AND WITHOUT ADVERTISEMENT AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS FROM THE DATE OF ISSUE; TO AMEND SECTION 11-27-50 RELATING TO THE ISSUANCE OF BONDS FOR SCHOOL DISTRICTS PURSUANT TO ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION SO AS TO PROVIDE THAT THE CONSENT OF ANOTHER BODY IS NOT REQUIRED TO ISSUE GENERAL OBLIGATION BONDS OF A SCHOOL DISTRICT AFTER AN ELECTION AND TO PROVIDE PROCEDURES FOR THE ISSUANCE AND REDEMPTION OF BONDS MATURING BETWEEN FIVE AND THIRTY YEARS; AND TO AMEND SECTION 11-15-440, RELATING TO THE EXTENT TO WHICH REFUNDING BONDS MAY BE ISSUED, SO AS TO MAKE THIS PROVISION APPLICABLE TO REVENUE BONDS AND TO PROVIDE THAT THE ISSUER MAY UTILIZE THE PROVISIONS OF SECTIONS 11-27-40 AND 11-27-50 IN CONNECTION WITH THE ISSUANCE OF SUCH REFUNDING BONDS.
Referred to Committee on Ways and Means
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
Without reference
The following was introduced:
H. 4213 (Word version) -- Reps. Emory and J.M. Neal: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MS. BETTY GILLIAM OF LANCASTER COUNTY FOR HER THIRTY-NINE YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS FOLLOWING HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
H. 4214 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 11, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, JUNE 2, 1999, IMMEDIATELY BEFORE THE CALL OF THE SECOND READING CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.11 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4166, RELATING TO THE CONTINUING AUTHORITY TO PAY EXPENSES OF STATE GOVERNMENT IF THE 1999-2000 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER CONSIDERATION OF S. 11 AND TO PROVIDE FOR CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4166 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 11, relating to assessment ratios and classes of property for purposes of the property tax, is set by special order for second reading or other consideration on Wednesday, June 2, 1999, immediately before the call of the second reading calendar, and continuing on each legislative day after Wednesday, June 2, 1999, immediately before the call of the second reading calendar until S. 11 is given third reading or it is otherwise disposed of and to set by special order H. 4166, relating to the continuing authority to pay expenses of state government if the 1999-2000 fiscal year begins without a general appropriations act for the year in effect, for second reading or other consideration immediately following second reading or other consideration of S. 11 and to provide for continuing special order consideration of H. 4166 until second reading or other disposition.
Rep. D. SMITH explained the Resolution.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown G. Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Knotts Lanford Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Neal J.M. Ott Parks Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith D. Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, June 2.
Harry Askins Scott Beck Ralph Canty Ralph Davenport Michael Easterday Fletcher Smith Jerry Govan James Klauber Larry Koon James Law H.B. "Chip" Limehouse David Mack Bessie Moody-Lawrence Joseph Neal Denny Neilson Olin Phillips Richard Quinn Todd Rutherford Gary Simrill Theodore Brown Daniel Tripp
DOCTOR OF THE DAY
Announcement was made that Dr. John Sanders of Greenville is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4166 (Word version)
Date: ADD:
06/02/99 RISER
The following Bills were read the third time, passed and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act and that they be enrolled for Ratification:
S. 851 (Word version) -- Senators Glover and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARION COUNTY TRANSPORTATION COMMITTEE.
S. 581 (Word version) -- Senator McConnell: A BILL TO AMEND ACT 434 OF 1998, RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF DRIVING UNDER THE INFLUENCE PROHIBITIONS, SO AS TO DELETE THE PROHIBITION AGAINST THE SALE OF MALT LIQUOR IN CONTAINERS GREATER THAN ONE LITER.
S. 37 (Word version) -- Senators Hayes, Elliott, Giese, Rankin and Branton: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT, IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).
S. 33 (Word version) -- Senators Moore, O'Dell, Elliott, Giese, Rankin, Washington and Setzler: A BILL TO AMEND SECTION 40-47-211 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTY-SIX MEMBERS, TO REQUIRE SIX MEMBERS TO BE ELECTED AT LARGE FROM ACROSS THE STATE AND TO REQUIRE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA.
S. 726 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-43-60, AS AMENDED, RELATING TO VARIOUS REQUIREMENTS FOR THE DISPENSING AND SALE OF DRUGS, SO AS TO CLARIFY CONDITIONS UNDER WHICH A PHYSICIAN MAY DISPENSE NONCONTROLLED DRUGS AT A CLINIC PROVIDING FREE MEDICAL SERVICES AND TO CLARIFY WHICH NONNARCOTIC NONPRESCRIPTION DRUGS MAY BE SOLD BY A RETAIL MERCHANT; TO AMEND SECTION 40-43-84, RELATING TO PHARMACY INTERNSHIPS, SO AS TO ALSO REFERENCE EXTERNSHIPS; TO AMEND SECTION 40-43-85 RELATING TO INTERNSHIP PROGRAMS AND PRACTICAL EXPERIENCE, SO AS TO REVISE REQUIREMENTS FOR PRACTICAL EXPERIENCE; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, DUTIES OF PHARMACISTS-IN-CHARGE AND CONSULTANT PHARMACISTS, AND TO THE SALE OF NONPRESCRIPTION DRUGS, SO AS TO REVISE CERTAIN RECORDKEEPING AND FACILITY REQUIREMENTS, TO REVISE AND CLARIFY THE PHARMACIST TO TECHNICIAN RATIO IN CERTAIN FACILITIES, TO REVISE SPECIFIED CONSULTANT PHARMACIST DUTIES, TO CLARIFY PROVISIONS RELATING TO THE SALE OF NONPRESCRIPTION DRUGS AND TO PROHIBIT REQUIRING SUCH DRUGS TO BE SOLD BY PHARMACISTS OR IN A PHARMACY, AND TO PROHIBIT THE POSSESSION, DISPENSING, OR DISTRIBUTION OF CERTAIN DRUGS WITHOUT A PRESCRIPTION OF A LICENSED PRACTITIONER; AND TO AMEND SECTION 40-43-170, RELATING TO DISPENSING OF MEDICATIONS IN A STATE OF EMERGENCY, SO AS TO CLARIFY THE CONDITIONS UNDER WHICH A ONETIME EMERGENCY REFILL MAY BE DISPENSED.
The following Bill was taken up:
H. 4199 (Word version) -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY FOR PUBLIC BEACHES IN THE UNINCORPORATED AREA OF THE COUNTY, TO PROVIDE THAT THE MUNICIPALITIES AND COUNTY MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY AND THE GOVERNING BODY OF HORRY COUNTY HAVE THE AUTHORITY TO MAKE CHARGES AND GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES IN RESPECTIVELY THE MUNICIPALITY AND IN THE UNINCORPORATED AREA OF THE COUNTY, AND TO PROVIDE THAT THIS ACT DOES NOT MAKE, ALTER, OR ABROGATE CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
Rep. KELLEY proposed the following Amendment No. 1 (Doc Name PT\AMEND\1605DW99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. (A)(1) Each municipality in Horry County bordering on the Atlantic Ocean is authorized to provide lifeguard and other safety related services on and along the public beaches within its corporate limits. A coastal municipality may enact and enforce regulations it determines necessary for the safety of all persons on the beach.
(2) The governing body of Horry County is authorized to provide lifeguards and other safety related services in and along public beaches in the unincorporated area of the county. The governing body may enact and enforce regulations it determines necessary for all persons on the beach.
(B) Lifeguard services may be provided using municipal or county employees or by service agreement with a private beach safety company.
If the municipality or county elects to provide the services by an agreement with a private beach safety company, the following conditions apply:
(1) the municipality or county shall follow the procedures of the State Procurement Code, as found in Chapter 35 of Title 11 of the 1976 Code, or the procedures of the municipal or county procurement code, in the awarding of contracts with private beach safety companies;
(2) the agreement between the municipality or county and private beach safety company may last no longer than seven years;
(3) the municipality or county may grant the exclusive right to the beach safety company to rent only beach equipment and to sell only the items to the public on the beach that are allowed by the municipality or county on the effective date of this section; provided, however, that on and after the effective date of this section there shall be no granting of the right to rent any additional tangible items, or to sell any beverages to the public on the beach, or otherwise, unless and until additional personnel are hired for the additional rentals and additional activities sufficient in number so that employees already employed on the effective date of this section will not be unduly burdened, as determined by the appropriate municipal or county governing body.
(4) lifeguard personnel employed by the private beach safety company must be tested and certified as required by the municipality or county; and
(5) the conduct of the limited commercial activities granted to the private beach safety company shall not prevent or interfere in a substantial way with the peaceful, recreational use of the public beach by the general public.
(C) Nothing in this section enlarges, restricts, or infringes upon the existing rights of the owners of private property adjacent to the public beaches.
(D) In addition to all other powers authorized a municipality or county by law, the governing body or coastal municipality in Horry County may grant franchises and make charges for the use of public beaches in the municipality and similar authority is extended to the governing body of Horry County for beaches in the unincorporated area of the county. The authority to grant franchises pursuant to this subsection is subject to the same limitations, to provide for the orderly control of services and utilities affected with the public interest; provided, however, that the provisions of this subsection shall not apply to persons or businesses acting in the capacity of telephone, telegraph, gas and electric utilities, or suppliers, nor shall it apply to utilities owned and operated by a municipality; provided, further, that the provisions of this subsection shall apply to the authority to grant franchises and contracts for the use of public beaches.
(E) Notwithstanding any other provision of this act or any other provision of law, the provisions of this act shall not affect, alter, or abrogate contracts existing and in effect on the effective date of this act.
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Rep. EDGE proposed the following Amendment No. 2 (Doc Name PT\AMEND\1606DW99), which was adopted.
Amend the amendment offered to H. 4199 by Representative Kelley dated June 2, 1999, (Doc. No. PT\1605DW99), as and if amended, by adding the following subsection to SECTION 1:
/( )A public vote by the municipal or county council must be held and approved by a two-thirds vote of the governing body before the additional items may be rented or beverages may be sold. /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. D. SMITH moved to adjourn debate upon the following Bill, which was adopted:
H. 4204 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO EMPLOY FULL-TIME FIREMEN AND A FIRE CHIEF.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT, INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.
S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
S. 384 (Word version) -- Senators Anderson, Washington, Matthews, Patterson, Glover, Ford and Reese: A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.
S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; BY ADDING SECTION 16-3-1600, SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610, SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER SIXTEEN YEARS OF AGE TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620, SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT; TO AMEND SECTION 16-15-375, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL ACTIVITY INCLUDES TOUCHING ONE'S SELF OR ANOTHER PERSON IN AN ACT OF APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; TO AMEND SECTION 20-4-40, RELATING TO PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT CHARGE A FEE FOR FILING A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES FOR WHICH A PERSON MUST REGISTER.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4077 (Word version) -- Rep. Quinn: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE TRAVEL REGULATIONS FOR STATE EMPLOYEES, TO RECOMMEND CHANGES IN THE POLICIES TO ENHANCE THE EFFICIENCY AND COST EFFECTIVENESS OF THE STATE'S EXPENDITURES ON THE TRAVEL FOR ITS EMPLOYEES; TO MAINTAIN THE CURRENT POLICIES WITHOUT CHANGE WHILE THE STUDY IS BEING CONDUCTED; AND TO REPORT THE FINDINGS OF THE STUDY TO THE GENERAL ASSEMBLY BY JANUARY 15, 2000.
H. 3702 (Word version) -- Reps. Quinn, Barfield, Battle, Bowers, T. Brown, Dantzler, Davenport, Emory, Fleming, Harrison, Hinson, Inabinett, Koon, Loftis, Mason, McGee, Rhoad, Riser, Robinson, Simrill, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 37-10-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS MADE ON A LOAN AGREEMENT SECURED BY A LIEN ON REAL ESTATE, SO AS TO DELETE THE ONE HUNDRED THOUSAND DOLLAR LIMIT AND ALLOW PREPAYMENT WITHOUT PENALTY OF A LOAN OF ANY AMOUNT SECURED BY A MORTGAGE.
The following Joint Resolution was taken up:
S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8)(A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Personal motor vehicles which must be titled by a state or federal agency, including passenger motor vehicles, recreational vehicles, pickup trucks, trailers, motorcycles, boats, and private aircraft, and excluding units of manufactured housing and commercially operated aircraft, all as defined by law, must be taxed on an assessment equal to the following percentage of fair market value of the property:
Property Tax Year Percentage
year 1 9.75
year 2 9.00
year 3 8.25
year 4 7.50
year 5 6.75
year 6 6.00
(2) This subitem applies for property tax years beginning after 2001, or for earlier tax years as the General Assembly may provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State relating to assessment ratio on 'all other personal property', be amended so as to establish a separate class of property for purposes of the property tax consisting of personal motor vehicles which must be titled by a state or federal agency, including passenger motor vehicles, recreational vehicles, pickup trucks, trailers, motorcycles, boats, and private aircraft, and excluding units of manufactured housing and commercially operated aircraft, all as defined by law, which must be assessed for property tax at the rate of nine and seventy-five hundredths percent of fair market value declining in equal annual reductions over six years to a permanent rate of six percent; and to define property tax year as property tax years beginning after 2001 or such earlier tax years as the General Assembly may provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The Ways And Means Committee proposed the following Amendment No. 1 (Doc Name GJK\AMEND\20779HTC99), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8)(A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Personal motor vehicles which must be titled by a state or federal agency, including passenger motor vehicles, recreational vehicles, pickup trucks, trailers, motorcycles, boats, and private aircraft, and excluding units of manufactured housing and commercially operated aircraft, all as defined by law, must be taxed on an assessment equal to the following percentage of fair market value of the property:
Property Tax Year Percentage
year 1 9.75
year 2 9.00
year 3 8.25
year 4 7.50
year 5 6.75
year 6 6.00
(2) This subitem applies for property tax years beginning after 2001, or for earlier tax years as the General Assembly may provide by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State relating to assessment ratio on 'all other personal property', be amended so as to establish a separate class of property for purposes of the property tax consisting of personal motor vehicles which must be titled by a state or federal agency, including passenger motor vehicles, recreational vehicles, pickup trucks, trailers, motorcycles, boats, and private aircraft, and excluding units of manufactured housing and commercially operated aircraft, all as defined by law, which must be assessed for property tax at the rate of nine and seventy-five hundredths percent of fair market value declining in equal annual reductions over six years to a permanent rate of six percent; and to define property tax year as property tax years beginning after 2001 or such earlier tax years as the General Assembly may provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution, the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown G. Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrison Haskins Hayes Hines J. Hines M. Hinson Inabinett Jennings Keegan Kelley Kirsh Knotts Lanford Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Joint Resolution was taken up:
H. 4166 (Word version) -- Reps. Robinson, Allen, Altman, Barrett, Campsen, Cato, Cobb-Hunter, Cooper, D. Smith, Davenport, Delleney, Easterday, Edge, Gamble, Hamilton, Haskins, Hawkins, Kirsh, Klauber, Koon, Lanford, Leach, Littlejohn, Loftis, Lourie, Maddox, McGee, Meacham, Miller, Moody-Lawrence, Quinn, Rice, Sharpe, Sheheen, Simrill, Stille, Tripp, Trotter, Vaughn, Walker, Woodrum, Sandifer, Riser and Allison: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1999-2000 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Reps. QUINN, ROBINSON and H. BROWN proposed the following Amendment No. 1 (Doc Name KGH\AMEND\15772HTC99), which was adopted.
Amend the resolution, as and if amended, in Section 1(B)(6), page 3, by inserting immediately after /relief/ on line 20 /for private passenger motor vehicle taxes and/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 1 was out of order under Rule 5.13 in that a fiscal impact statement was required to be attached to the Joint Resolution.
SPEAKER WILKINS stated that Rule 5.13 applied to Bills only and was not applicable to Joint Resolutions. He therefore overruled the Point of Order.
Rep. ROBINSON continued speaking.
Rep. SCOTT spoke against the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name KGH\AMEND\15780HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 1(B), by adding an appropriately numbered item at the end to read:
/ ( ) There is appropriated from the general fund of the State amounts sufficient to pay the increased costs of premiums for the state health insurance plan as determined by the State Budget and Control Board. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Brown H. Campsen Cato Chellis Cooper Edge Fleming Gamble Gilham Hamilton Harrell Harris Haskins Hawkins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Littlejohn Loftis Lucas McCraw McGee McKay Meacham Phillips Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith D. Smith R. Trotter Vaughn Walker Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Clyburn Cobb-Hunter Delleney Gourdine Harvin Hayes Hines J. Hines M. Howard Inabinett Kennedy Lee Lloyd Lourie Mack Maddox Martin McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal J.M. Neilson Ott Parks Pinckney Rutherford Scott Sheheen Smith J. Stille Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name KGH\AMEND\15779HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 1(B)(4)(b), page 2, line 11, by striking /two/ and inserting /3.1/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER continued speaking.
Rep. ROBINSON spoke against the amendment.
Rep. ROBINSON continued speaking.
Rep. ROBINSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Edge Gamble Gilham Hamilton Harrell Haskins Hawkins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Littlejohn Loftis Lucas McCraw McGee McKay Meacham Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Canty Clyburn Cobb-Hunter Emory Gourdine Harris Harrison Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Martin McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rutherford Scott Smith F. Smith J. Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 4 (Doc Name KGH\AMEND\15778HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 1(B)(2), page 1, line 38, by striking /two/ and inserting /four/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD continued speaking.
Rep. ROBINSON spoke against the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown H. Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Gamble Gilham Hamilton Harrell Harris Hawkins Hinson Keegan Kelley Kirsh Koon Lanford Leach Littlejohn Loftis Lucas McGee McKay Meacham Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith D. Smith R. Stille Stuart Taylor Townsend Trotter Vaughn Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Barfield Battle Bowers Breeland Brown G. Brown J. Clyburn Cobb-Hunter Emory Gourdine Harrison Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rutherford Scott Seithel Smith F. Smith J. Walker Whatley Wilder Wilkes
So, the amendment was tabled.
On Amendment No. 4, I was voting to table when I mistakenly pressed the other button as the board locked.
Rep. MARTIN
Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name KGH\AMEND\15782HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 1(B), by adding an appropriately numbered item at the end to read:
/ ( ) There is appropriated from the general fund of the State amounts sufficient to cover inflation and client growth in the Medicaid program. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown H. Chellis Cotty Dantzler Davenport Delleney Edge Gamble Gilham Harrell Harris Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee McKay Meacham Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Battle Bowers Breeland Brown G. Canty Clyburn Cobb-Hunter Emory Gourdine Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal J.M. Ott Parks Pinckney Rhoad Rutherford Scott Smith F. Wilder Wilkes
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 6 (Doc Name KGH\AMEND\15781HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 1(B), by adding an appropriately numbered item at the end to read:
/ ( ) There is appropriated from the general fund of the State amounts sufficient to annualize fiscal year 1998-99 appropriations for performance funding for state colleges and universities. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Barrett Brown H. Cato Chellis Cooper Cotty Dantzler Delleney Edge Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Lucas Maddox McCraw McGee McKay Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Battle Breeland Brown G. Clyburn Cobb-Hunter Emory Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Lee Lloyd Lourie Mack McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal J.M. Ott Parks Phillips Pinckney Rhoad Rutherford Scott Smith F. Smith J. Wilkes
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 7 (Doc Name KGH\AMEND\15783HTC99), which was tabled.
Amend the resolution, as and if amended, in Section 1(B), by adding an appropriately numbered item at the end to read:
/ ( ) There is appropriated from the general fund of the State to the State Department of Education amounts sufficient to reduce class size in grades 1-3 to a ratio of 18:1. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Brown H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Emory Gilham Hamilton Harrell Harris Harrison Hawkins Hinson Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee Meacham Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Stille Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Battle Bowers Breeland Brown G. Brown J. Canty Clyburn Cobb-Hunter Cooper Gamble Gourdine Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Lloyd Lourie Lucas Mack McLeod W. McMahand Miller Moody-Lawrence Neal J.M. Parks Phillips Pinckney Rhoad Rutherford Scott Smith J. Stuart Whipper Wilkes
So, the amendment was tabled.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill, which was adopted:
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
The following Bill was taken up:
S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7532AC99):
Amend the bill, as and if amended, Section 20-7-2725(A)(4), page 1, line 41, by deleting
/ fourth / and inserting / first / so when amended, Section 20-7-2725(A)(4) reads:
"(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:
(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;
(b) the person has not been convicted of and had no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and
(c) the person has 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.
A person who has been convicted of a first offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a day care center, group day care home, family day care home, or church or religious day care center.
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, the person's employment must be terminated;"
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRIS explained the amendment.
Reps. SANDIFER, YOUNG-BRICKELL, LAW, LEACH, VAUGHN, DAVENPORT, EDGE, WITHERSPOON, KELLEY and QUINN requested debate on the Bill.
Rep. ASKINS moved to adjourn debate upon the following Bill until Thursday, June 3, which was adopted:
H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.
The following Bill was taken up:
H. 3317 (Word version) -- Reps. Sharpe, Davenport, Witherspoon, R. Smith, Limehouse and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO ESTABLISH REQUIREMENTS THAT APPLY TO THE DISPLACEMENT OF A PRIVATE COMPANY PROVIDING COLLECTION SERVICES FOR SOLID WASTE OR RECOVERED MATERIALS OR BOTH.
Reps. OTT, STILLE, W. MCLEOD, WILDER, ASKINS, LOURIE, SHARPE, DAVENPORT, GOURDINE and RUTHERFORD requested debate on the Bill.
The following Bill was taken up:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9378SOM99), which was adopted.
Amend the bill, as and if amended, in Section 5-3-305 as contained in SECTION 3, line 16, page 16, by striking /continuity/ and inserting / contiguity / so that when amended the section reads:
/ Section 5-3-305. For purposes of this chapter, 'contiguous' means property which is adjacent to a municipality and shares a continuous border. Contiguity is not established by a road, waterway, right-of-way, easement, railroad track, marshland, or utility line which connects one property to another; however, if the connecting road, waterway, easement, railroad track, marshland, or utility line intervenes between two properties, which but for the intervening connector would be adjacent and share a continuous border, the intervening connector does not destroy contiguity. /.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. HARRISON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE THAT A TEMPORARY ALCOHOL RESTRICTED LICENSE SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES AN ORDER AND SENDS NOTICE TO A PERSON THAT HIS SUSPENSION WAS UPHELD AT THE ADMINISTRATIVE HEARING, AND TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9380SOM99), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. The first sentence of the second unnumbered paragraph of Section 56-5-2990, as last amended by Act 434 of 1998, is further amended to read:
"Any person whose license is suspended under the provisions of this section, Section 56-1-286, or 56-5-2951 must be notified by the department by certified mail of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license."
SECTION ___. Section 56-1-430 of the 1976 Code is amended to read:
"Section 56-1-430. Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the convicted person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction to the date a final judgment is entered, any such the suspension or revocation. Pursuant to Section 56-1-365, the clerk of the court hearing the appeal must notify the Department of Public Safety of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."
SECTION ___. Section 56-1-365(F) of the 1976 Code, as last amended by Act 379 of 1998, is further amended to read:
"(F) If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea until the department is notified that the conviction has been affirmed or overturned by appeal. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period stay of suspension, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle. The clerk of the court hearing the appeal must notify the department of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."
SECTION ___. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Rep. HARRISON moved to adjourn debate on the Bill, which was agreed to.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of Concurrent Resolutions adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 801 (WORD VERSION) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.
The PRESIDENT recognized Senator McConnell, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT announced that nominations were in order for the Chief Justice of the Supreme Court.
Senator McConnell, Chairman of the Commission, stated that the Honorable Jean Hoefer Toal had been screened, found qualified, and placed her name in nomination.
Reps. SHEHEEN and HARVIN seconded the nomination of the Honorable Jean Hoefer Toal.
On motion of Rep. SHEHEEN, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jean Hoefer Toal was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Chief Judge of the Court of Appeals, Seat 5.
Senator McConnell, Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Kaye G. Hearn and J. Ernest Kinard, Jr.
Reps. BARFIELD, EDGE, HARVIN, KEEGAN, KELLEY and WITHERSPOON seconded the nomination of Kaye G. Hearn.
Senator McConnell stated that the Honorable Ernest Kinard, Jr. had withdrawn from the race.
On motion of SENATOR McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Kaye G. Hearn was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Circuit Court Judge, At-Large, Seat 8.
Senator McConnell, Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Daniel R. Eckstrom, Kenneth G. Goode, and Joy S. Goodwin.
SENATOR McConnell stated that Daniel R. Eckstrom and Joy S. Goodwin had withdrawn from the race.
On motion of SENATOR McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Kenneth G. Goode was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 3.
Senator McConnell, Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Rolly W. Jacobs and Roderick M. Todd, Jr.
Senator McConnell stated that Roderick M. Todd, Jr. had withdrawn from the race.
On motion of SENATOR McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining nominee.
Whereupon, the PRESIDENT announced that the Honorable Rolly W. Jacobs was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 2.
Senator McConnell, Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Mary Alice H. Godfrey, C. Dukes Scott and Gregory G. Williams.
SENATOR McConnell stated that Mary Alice H. Godfrey and Gregory G. Williams had withdrawn from the race.
On motion of SENATOR McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the remaining nominee.
Whereupon, the PRESIDENT announced that the Honorable C. Dukes Scott was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 3.
Senator McConnell, Chairman of the Commission, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Elizabeth "G. G." Howard, Carolyn C. Matthews and Ruby Brice McClain.
Rep. J. SMITH stated that Elizabeth Howard had withdrawn from the race.
On motion of SENATOR McConnell, nominations were closed.
The following named Senators voted for Ms. Matthews:
Alexander Bauer Bryan Courson Elliott Fair Giese Gregory Grooms Hayes Leatherman Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Russell Ryberg Setzler J. Verne Smith Thomas Waldrep Wilson
The following named Senators voted for Ms. McClain:
Anderson Branton Cork Ford Glover Hutto Jackson Land Leventis Matthews McGill Patterson Ravenel Saleeby Short Washington
On motion of Rep. SCOTT, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Matthews:
Allen Allison Altman Bailey Barfield Barrett Beck Brown H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Loftis Lourie Lucas Maddox Martin McCraw McGee McKay McLeod W. Meacham Miller Neilson Parks Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Askins Bales Battle Bowers Breeland Brown G. Brown J. Canty Clyburn Cobb-Hunter Davenport Emory Gamble Gourdine Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Lee Lloyd Mack McLeod M. McMahand Moody-Lawrence Neal Neal J.M. Ott Pinckney Rhoad Rutherford Scott Smith F. Smith J. Stuart Whipper
Total number of Senators voting 43
Total number of Representatives voting 115
Grand Total 158
Necessary to a choice 80
Of which Ms. Matthews received 102
Of which Ms. McClain received 56
Whereupon, the President announced that Carolyn C. Matthews, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 831 (Word version)-- Senators Wilson, Bryan, Giese and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.
The PRESIDENT announced that nominations were in order for a member of the Francis Marion Board of Trustees, Third Congressional District, Seat 6.
Rep. PHILLIPS, Chairman of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Patricia C. Edmonds and Joel E. Hill.
Senators Drummond, O'Dell and McGill seconded the nomination of Patricia C. Edmonds.
On motion of Rep. PHILLIPS, nominations were closed.
The following named Senators voted for Ms. Edmonds:
Anderson Bauer Branton Bryan Cork Courson Courtney Elliott Fair Giese Glover Grooms Hayes Hutto Land Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short J. Verne Smith Thomas Waldrep Washington Wilson
The following named Senators voted for Mr. Hill:
Alexander
On motion of Rep. PHILLIPS, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Edmonds:
Allen Allison Altman Askins Bailey Bales Barfield Battle Beck Bowers Breeland Brown G. Brown H. Brown J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Rutherford Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
The following named Representatives voted for Mr. Hill:
Barrett Robinson Sandifer Webb
Total number of Senators voting 40
Total number of Representatives voting 114
Grand Total 154
Necessary to a choice 78
Of which Ms. Edmonds received 149
Of which Mr. Hill received 5
Whereupon, the President announced that Patricia C. Edmonds, having received a majority of the votes cast, was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:30 P.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up:
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Reps. WILKINS and HARRISON proposed the following Amendment No. 2 (Doc Name PT\AMEND\1595DW99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-1300(6) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election." /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Reps. MEACHAM and EASTERDAY proposed the following Amendment No. 3 (Doc Name PT\AMEND\1586DW99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 8-13-1316(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office." /
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 631 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 634 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL, REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2392, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 642 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2394, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 641 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2396, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 792 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONS REQUIRED TO HOLD A TEACHING LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 793 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 744 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO READING, WRITING, AND MATHEMATICS OBJECTIVES FOR GRADES 1-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 632 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIRED EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 639 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EFFECTIVE DATE OF CREDENTIAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2393, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 635 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2401, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 633 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 637 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FOREIGN APPLICANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2399, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 638 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPIRED LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2398, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 796 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES OF LEVELS OF CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2395, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 795 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
S. 794 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL LICENSURE AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4186 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4187 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM GRADES 9 - 12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2317, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4188 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2400, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
Rep. WALKER moved to adjourn debate upon the following Joint Resolution which was adopted:
S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Concurrent Resolution was taken up:
S. 887 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 22, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the Senate, the House of Representatives concurring:
1. Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 3, 1999, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that, when the House of Representatives and Senate adjourn on Thursday, June 3, 1999, not later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 22, 1999, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 25, 1999, for the following matters and subject to the following conditions, as applicable:
(A) consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) consideration of local legislation which has the unanimous consent of the affected delegation;
(E) concurrence or nonoccurrence in amendments on bills received from the other house and receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(F) consideration of resolutions expressing sympathy or congratulations;
(G) consideration of resolutions to schedule meetings of the General Assembly in joint assembly in the Hall of the House of Representatives for the purpose of conducting judicial elections; provided, that elections shall be limited to offices for which candidates have been screened provided that all nominations for any office may only be made by the Chairman of the Judicial Screening Commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate; and
(H) consideration of H.3698, H.3699, and H.3963.
(I) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 419 of 1998 beyond June 30, 1999
2. Each house may also provide for local session days during the period between June 3, 1999, and June 22, 1999, for consideration of local legislation which has the unanimous consent of the affected delegation.
3. The President, or in his absence, the President Pro Tempore of the Senate and the Speaker of the House are authorized to ratify acts at a mutually convenient time between June 3, 1999, and June 22, 1999.
4. When each house adjourns not later than 5:00 p.m. on Friday, June 25, 1999, the General Assembly shall stand adjourned sine die.
Reps. D. SMITH and WILKINS proposed the following Amendment No. 1 (Doc Name PT\AMEND\1614DW99), which was adopted.
Amend the concurrent resolution, as and if amended, paragraph 1, by adding an appropriately lettered subsection to read:
/ ( ) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 419 of 1998 beyond June 30, 1999 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
Rep. TOWNSEND moved that the House recede until 2:30 P.M., which was agreed to.
The House stood in silent prayer, in memory of Representative Rudy Mason.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. RISER, GAMBLE and KNOTTS a temporary leave of absence.
The SPEAKER granted Reps. EASTERDAY, LITTLEJOHN and BECK a leave of absence.
Rep. BARRETT moved that the House recur to the morning hour, which was agreed to.
The Senate returned to the House with amendments the following:
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
Rep. WALKER explained the Senate amendments.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4194 (Word version) -- Reps. Mack, Altman, Breeland, Campsen, Inabinett, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHBOUND CONNECTOR OF THE BRIDGE TO BE BUILT TO REPLACE THE JOHN P. GRACE AND THE SILAS N. PEARMAN BRIDGES IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER CONNECTOR" AND TO ERECT SIGNS OR MARKERS CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4137 (Word version) -- Reps. Edge and H. Brown: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO REVISE PROVISIONS OF THE BALANCED BUDGET ACT OF 1997 RELATED TO AN INTERIM PAYMENT SYSTEM AND TO PROVIDE FOR THE DEVELOPMENT OF CERTAIN AMENDMENTS OR CHANGES IN RULES FOR MEDICARE HOME HEALTH CARE BENEFICIARIES TO IMPROVE THEIR SITUATION.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 855 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 82 AT THE INTERSECTION OF CHERRY ROAD AND INTERSTATE I-77 THE "COLEMAN POAG INTERCHANGE" IN HONOR OF THE HONORABLE COLEMAN GROVES POAG, WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF YORK WITH DISTINCTION AS A STATE SENATOR AND AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS A MEMBER OF THE BOARD OF VISITORS OF CLEMSON UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
On motion of Rep. LOURIE, with unanimous consent, the following was taken up for immediate consideration:
H. 4215 (Word version) -- Reps. Lourie, Neilson and J. Smith: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVERHAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 14 THROUGH SEPTEMBER 16, 1999.
Be it resolved by the House of Representatives:
That the South Carolina Silverhaired Legislature is authorized to use the Chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 14 through September 16, 1999. If the House of Representatives is in statewide session, the House Chamber may not be used.
Be it further resolved that the use of the Chamber of the South Carolina House of Representatives by the South Carolina Silverhaired Legislature must be in strict accordance with the policies and rules of the South Carolina House of Representatives.
The Resolution was adopted.
The following was introduced:
H. 4216 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THE REVEREND HENRY ADDISON, SR., OF BISHOPVILLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4217 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JAMES DIZZLEY OF BISHOPVILLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4218 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION CONGRATULATING DOROTHY L. SATTERWHITE OF NEWBERRY COUNTY ON RECEIVING THE "OUTSTANDING STATE RETIREE" AWARD FROM THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4219 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION HONORING AND RECOGNIZING S.C. ALTMAN OF NEWBERRY FOR HIS OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS AND FOR HIS DEDICATED AND DISTINGUISHED LEADERSHIP SERVICE TO THE CITY AND COUNTY OF NEWBERRY, THE STATE OF SOUTH CAROLINA, AND THE UNITED STATES OF AMERICA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4220 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CHIEF LEWIS McCARTY, CHIEF DEPUTY AND SECOND IN COMMAND IN THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT, ON THE OCCASION OF HIS RETIREMENT, AND TO EXPRESS THE MEMBERS' GRATITUDE THAT CHIEF McCARTY HAS DEDICATED HIS PROFESSIONAL LIFE TO LAW ENFORCEMENT AND HAS SPENT THIRTY-SIX YEARS IN THIS CAREER SO IMPORTANT TO THE CITIZENS OF LEXINGTON COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4221 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MR. H. E. "BOBBY" AVENT OF BENNETTSVILLE ON THE OCCASION OF THE MARLBORO COUNTY AIRPORT BEING NAMED IN HIS HONOR AS THE "H. E. AVENT MARLBORO COUNTY JETPORT" AND EXTENDING THE DEEPEST APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HIM FOR HIS MANY CONTRIBUTIONS TO MARLBORO COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4222 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LEONARD WALTER "COACH" PINKNEY, SR., UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4223 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO RECOGNIZE STEPHEN ALAN IMBEAU, M.D., OF FLORENCE COUNTY, IMMEDIATE PAST PRESIDENT OF THE SOUTH CAROLINA MEDICAL ASSOCIATION, FOR HIS OUTSTANDING CONTRIBUTIONS AND ACCOMPLISHMENTS IN THE FIELDS OF MEDICINE AND HUMANITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4224 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE FORTY YEARS OF DISTINGUISHED EMPLOYMENT OF MRS. FANNIE W. WATSON WITH THE LEE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE LAST TWENTY-THREE YEARS AS THE DIRECTOR OF THE COUNTY OFFICE, AND TO WISH HER GODSPEED IN HER WELL DESERVED RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4225 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION EXTENDING CONGRATULATIONS TO MR. AND MRS. ROBERT D. ROSS, JR., OF SUMTER COUNTY ON THE JOYOUS OCCASION OF THEIR GOLDEN WEDDING ANNIVERSARY, AND EXPRESSING BEST WISHES TO THE ROSSES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
The Resolution was adopted.
The following was introduced:
H. 4226 (Word version) -- Reps. Kelley, McKay, Sheheen, H. Brown, Koon, Robinson, Allison, Carnell, Clyburn, Cobb-Hunter, Cooper, Harrell, Harvin, Keegan, Kennedy, Lanford, McCraw, Meacham, Neilson, Quinn, Rice, Riser, R. Smith, Vaughn, Young-Brickell, Allen, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Campsen, Canty, Cato, Chellis, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McGee, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, J.M. Neal, Ott, Parks, Phillips, Pinckney, Rhoad, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon and Woodrum: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. JAMES CARL JORDAN, SENIOR BUDGET ANALYST FOR THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES WAYS AND MEANS COMMITTEE, ON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM AND HIS FAMILY GOOD HEALTH AND HAPPINESS.
Whereas, the members of the House of Representatives note that Mr. James Carl Jordan, Senior Budget Analyst for the South Carolina House of Representatives Ways and Means Committee, is retiring this year after devoting thirty years of faithful service to the State of South Carolina; and
Whereas, he is the only person known ever to retire from the Ways and Means Committee staff, which he has served with distinction since December, 1990; and
Whereas, Carl was one of the first employees to embrace the benefit of and to see the potential for continuously improving government at all levels through the use of total quality management; and
Whereas, he was the driving force that resulted in the State Budget and Control Board's Office of Human Resources winning the Award of Excellence in recognition of outstanding accomplishments in Public Personnel Administration, presented by the South Carolina Chapter of the International Personnel Management Association; and
Whereas, Carl received his Bachelor of Science degree in Business Administration from The Citadel, his Master of Science degree from Clemson University, and his Master of Public Administration degree from Georgia State University; and
Whereas, Carl served his country honorably as a Captain with the United States Air Force; and
Whereas, he and Carolyn, his wife of thirty-three years, are the proud parents of a daughter, Beth, a son, Prescott, and the doting grandparents of three grandchildren; and
Whereas, Carl will be remembered as a frequent and favorite patron of Steve's Deli and Ace Hardware Store; and
Whereas, the General Assembly would like to bequeath his office cot to the South Carolina Department of Archives and History, where it shall be enshrined to recognize the countless amount of overtime he devoted to the Ways and Means Committee; and
Whereas, it is appropriate for the members of the House of Representatives to pause in their deliberations so they might express their high regard for such dedicated public servants, especially Carl Jordan, as he retires. Now, therefore,
Be it resolved by the House of Representatives:
That by this resolution, the members of the House of Representatives express their congratulations and best wishes to Mr. James Carl Jordan on the occasion of his retirement, and wish him and his family good health and happiness.
Be it further resolved that a copy of this resolution be presented to Mr. James Carl Jordan.
The Resolution was adopted.
The following was introduced:
H. 4227 (Word version) -- Reps. Breeland, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING THE MARYVILLE COMMUNITY IN CHARLESTON COUNTY FOR MAINTAINING AN IDENTITY AS AN AFRICAN-AMERICAN COMMUNITY FOR MANY DECADES, AND RECOGNIZING THE FORMER TOWN OF MARYVILLE AS AN AFRICAN-AMERICAN MUNICIPALITY IMPORTANT TO THE HISTORY OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4228 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF THE HONORABLE CALVIN JOYNER, SR., OF LEE COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS WIFE, OTHER FAMILY MEMBERS, AND MANY FRIENDS.
The Resolution was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4204 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO EMPLOY FULL-TIME FIREMEN AND A FIRE CHIEF.
H. 4016 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.
Rep. DAVENPORT explained the Bill.
The following Bill was taken up:
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
Reps. MADDOX, COTTY and MCGEE proposed the following Amendment No. 4 (Doc Name PSD\AMEND\7571AC99), which was adopted.
Amend the bill, as and if amended, Section 20-7-610(M), page 15, line 24, before the / . / by inserting:
/ or the parties and the guardian ad litem agree to a continuance/
amend the bill further, Section 20-7-610(M), page 16, line 5, before the / . / by inserting:
/, a detention hearing held pursuant to Section 20-7-7215, or a hearing held pursuant to Section 20-7-7415 or 20-7-7605 concerning a child who is in state custody pursuant to Article 30. An exception also may be made for child custody hearings if the court, in its discretion, makes a written finding stating compelling reasons, relating to the welfare of the child, for giving priority to the custody hearing /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. WHATLEY moved to adjourn debate upon the following Bill until Thursday, June 3, which was adopted:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
The following Bill was taken up:
S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE THAT A TEMPORARY ALCOHOL RESTRICTED LICENSE SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES AN ORDER AND SENDS NOTICE TO A PERSON THAT HIS SUSPENSION WAS UPHELD AT THE ADMINISTRATIVE HEARING, AND TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY.
Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name NBD\AMEND\11455JM99), which was ruled out of order.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:
/SECTION ___. (A) Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2930. It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3) under the combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(4) his alcohol concentration is ten one-hundredths of one percent or more."
(B) Section 56-5-2950(b)(3) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(3) If the alcohol concentration was at that time ten one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol is conclusively presumed that the person had an illegal alcohol concentration.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."
(C) This section takes effect upon approval by the Governor, except the provisions in Sections 56-5-2930 and 56-5-2950 pertaining to an alcohol concentration of ten one-hundredths of one percent or more will change to eight one-hundredths of one percent or more, effective upon the ratification of an amendment to Section 1, Article VIII of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. SIMRILL argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
Rep. HAWKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committees reasons for this request:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bales Barfield Barrett Battle Bowers Breeland Brown G. Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Edge Emory Fleming Gamble Gilham Govan Hamilton Harrell Harrison Haskins Hawkins Hines J. Hines M. Hinson Inabinett Jennings Kelley Klauber Knotts Koon Lanford Law Leach Lee Limehouse Lloyd Lourie Lucas Martin McCraw McGee McLeod M. McMahand Meacham Miller Neilson Ott Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith D. Smith F. Smith J. Smith R. Stuart Taylor Webb Whatley Wilder Wilkins Woodrum
Those who voted in the negative are:
Cobb-Hunter Davenport Gourdine Kirsh Loftis Mack Moody-Lawrence Neal Pinckney Rutherford Trotter Vaughn Whipper Wilkes
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, and the SPEAKER appointed Reps. F. SMITH, HAWKINS and KNOTTS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO 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 14-25-65 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:
"Section 14-25-65. Whenever the If a municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of the court, he may impose a fine of not more than five hundred dollars or imprisonment for thirty days, or both. In addition, a municipal judge may order restitution in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A municipal judge may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay."
SECTION 2. Section 22-3-550 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 22-3-550. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. In addition, a magistrate may order restitution he considers appropriate in an amount not to exceed five thousand dollars. In determining the amount of restitution, the judge shall determine and itemize the actual amount of damage or loss in the order. In addition, the judge may set an appropriate payment schedule.
A magistrate may hold a party in contempt for failure to pay the restitution ordered if the judge finds the party has the ability to pay.
(B) However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks, or violations of Section 16-13-110(B)(1), relating to shoplifting. Further, a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph subsection do not affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."
SECTION 3. Section 22-3-1000 is amended to read:
"Section 22-3-1000. No motion for a new trial may be heard unless made within five days from the rendering of the judgment. The right of appeal from the judgment exists for twenty-five thirty days after the refusal of a motion for a new trial rendering of the judgement. A magistrate's order of restitution may be appealed within thirty days. The order of restitution may be appealed separately from an appeal, if any, relating to the conviction."
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/James E. Bryan, Jr. /s/John Milton "Jake" Knotts, Jr. /s/Addison G. "Joe" Wilson /s/John David Hawkins /s/C. Bradley Hutto /s/Fletcher Nathaniel Smith, Jr. On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted:
S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Tuesday, June 8, which was adopted:
S. 491 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
The following Bill was taken up:
S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11429AC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-74-10. This chapter may be cited as the 'Medical Radiation Health and Safety Act'.
Section 44-74-20. As used in this chapter:
(1) 'Board' means the board of the South Carolina Radiation Quality Standards Association.
(2) 'Certificate' means a certificate issued by the board or by an entity recognized by the board authorizing the certificate holder to use radioactive materials or equipment emitting ionizing radiation on humans for diagnostic or therapeutic purposes in accordance with the provisions of this chapter.
(3) 'Licensed practitioner' means a person licensed to practice medicine, dentistry, podiatry, chiropractic, or osteopathy in this State.
(4) 'Limited practice radiographer' means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body.
(5) 'Limited chest radiographer' means a person who conducts diagnostic radiography exams of the chest only, not to include mammography.
(6) 'Nuclear medicine technologist' means a person, other than a licensed practitioner, who prepares and administers radiopharmaceutical agents to humans for diagnostic and therapeutic purposes.
(7) 'podiatric limited practice radiographer' means a person who conducts diagnostic radiology exams limited to the performance of specific procedures or applications of ionizing radiation to specific parts of the human body, working under the supervision of a licensed podiatrist.
(8) 'Radiation therapist' means a person, other than a licensed practitioner, who applies radiation to humans for therapeutic purposes.
(9) 'Radiographer' means a person, other than a licensed practitioner, who applies radiation to humans for diagnostic purposes including, but not limited to, mammography, cardiovascular-interventional technology, and computed tomography.
(10) 'Radiologic technologist' means a person who is a limited practice radiographer, radiographer, Podiatric limited practice radiographer, limited chest radiographer, radiation therapist, or nuclear medicine technologist certified by the American Registry of Radiologic Technologists or who is certified by the South Carolina Radiation Quality Standards Association or who has obtained a certificate acceptable to the South Carolina Radiation Quality Standards Association.
(11) 'Direct Supervision' means a certified radiographer who:
(a) reviews the procedure in relation to the student's achievement;
(b) evaluates the condition of the patient in relation to the student's knowledge;
(c) is present during the conduct of the procedure;
(d) reviews and approves the procedure; and
(e) is present during student performance of any repeat of any unsatisfactory radiograph.
Section 44-74-30. (A) No person, other than a licensed practitioner or a radiologic technologist possessing a certificate from the South Carolina Radiation Quality Standards Association may use ionizing radiation or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes.
(B) No person knowingly may employ or designate as a radiologic technologist a person who does not hold a certificate issued by the South Carolina Radiation Quality Standards Association.
(C) No person holding a certificate issued by the South Carolina Radiation Quality Standards Association may use radioactive substances or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes unless under the direction and supervision of a licensed practitioner and unless so directed by prescription of a licensed practitioner.
(D) No person who is not certified by the South Carolina Radiation Quality Standards Association shall take, use, or exhibit the title of 'Limited Practice Radiographer', 'Podiatric limited practice radiographer', 'Limited Chest Radiographer', 'Radiographer', 'Radiation Therapist', or 'Nuclear Medicine Technologist', or any other title, sign, display, or declaration that tends to lead the public to believe that the person is authorized to apply ionizing radiation on humans for diagnostic or therapeutic purposes.
(E) No person, other than a licensed practitioner, may operate any x-ray machinery in the health care setting, including a hospital, a mobile or temporary health care setting, or the office of a person licensed to practice any health care profession pursuant to any chapter of Title 40 of the Code of Laws of South Carolina without possessing a current valid certificate from the South Carolina Radiation Quality Standards Association.
Section 44-74-40. (A) A radiologic technologist who is certified by the American Registry of Radiologic Technologists is deemed to have met the qualifications for certification by the South Carolina Radiation Quality Standards Association and, upon application, must be issued an initial certification without examination.
(B) Nothing in this chapter limits, enlarges, or affects the practice of a licensed practitioner.
(C) A resident physician or a student enrolled in and attending a school or college of medicine, osteopathy, chiropractic, podiatry, radiologic technology, or a curriculum approved by the South Carolina Radiation Quality Standards Association who applies ionizing radiation to humans while under the supervision of a licensed practitioner or direct supervision of a certified radiologic technologist appropriately trained to supervise the specific procedure is not required to be certified under this chapter.
Section 44-74-50. (A) Any person employing or allowing a person to operate x-ray machinery without possessing a certificate must be reported to the South Carolina Department of Health and Environmental Control. The South Carolina Department of Health and Environmental Control must take appropriate action against the registrant of the x-ray machinery pursuant to regulations of the South Carolina Department of Health and Environmental Control. Reports of violations can be made to the South Carolina Department of Health and Environmental Control by members of the public, licensed health care professionals, hospitals, or the South Carolina Radiation Quality Standards Association. The South Carolina Department of Health and Environmental Control must act on these complaints within ninety days. A current copy of the operators' certificate must be reviewed by the South Carolina Department of Health and Environmental Control at the time of inspection. The registrant of the equipment must display the current operators' certificates in public view.
(B) Dentists and their auxiliaries who meet the requirements of the South Carolina Dental Practice Act are exempt from the provisions of this act.
Section 44-77-60. (A) The South Carolina Radiation Quality Standards Association must be registered with the South Carolina Secretary of State's Office as a non-profit corporation and recognized as a tax exempt organization under Section 501(C) of the federal Internal Revenue Code.
(B) The board must be composed of thirteen members from the below listed trade associations as follows: one member shall be a representative from the South Carolina Society of Medical Assistants, Incorporated who is also a certified limited practice radiographer and a certified medical assistant; one member shall be a consumer from the South Carolina Radiation Standards Association; two members shall be radiologic technologists from the South Carolina Society of Radiologic Technologists (SCSRT), one of whom is employed by a hospital and from the South Carolina Health Care Alliance; one member shall be a radiologic technologist educator from the SCSRT; one member shall be a radiologic technologist of nuclear medicine from the South Carolina Society of Nuclear Medicine; one member shall be a radiation therapist from the SCSRT; three members shall be medical doctors, one doctor shall be a licensed family physician from the South Carolina Academy of Family Physicians, one doctor shall be a licensed radiologist from the South Carolina Radiological Society, and one doctor shall be a medical doctor of another specialty from the South Carolina Medical Association; one member shall be a chiropractor from the South Carolina Chiropractic Association; one member shall be a podiatrist from the South Carolina Podiatric Medical Association; and one member shall be a non-voting representative from the South Carolina Department of Health and Environmental Control, ex officio, and from the Radiological Health Branch.
(C) The members of the board shall be appointees from the above listed trade associations and the members of the board shall serve for a term to be established by the board. The members of the board shall serve without compensation. However, the board may establish rates for mileage, subsistence and per diem to be paid to board members not to exceed the usual payments for mileage, subsistence and per diem as provided by law for members of state boards, committees, and commissions.
(D) The board is authorized to:
(1) Establish certification qualifications for each category of radiological technologist;
(2) Conduct certification examinations;
(3) Certify qualified radiological technologists;
(4) Establish and collect fees necessary to conduct certification examinations and administer the board; and
(5) Establish continuing education requirements and terms of re-certification."
SECTION 2. (A) For two years after this act's effective date, upon application and the payment of a fee equivalent to that required for the written examination and initial certification fee, the South Carolina Radiation Quality Standards Association Board shall issue a certificate without examination to a person who has been employed by a licensed practitioner to take x-rays for a minimum of three years of the immediately preceding five years.
(B) A certification of examination shall be conducted by the South Carolina Radiation Quality Standards Association Board at a time and place designated by the board for those individuals who have been employed by a licensed practitioner to take x-rays during one of the past three years immediately before the act's effective date. Those individuals receiving a satisfactory score as determined by the board must be issued a certificate to practice.
SECTION 3. Within one year after the effective date of this act, the South Carolina Podiatric Medical Association shall submit to the South Carolina Radiation Quality Standards Association (S.C.R.Q.S.A.) for the board's approval a podiatric limited practice radiographer certification examination. This examination, if approved by the S.C.R.Q.S.A. shall be the only examination required for certification as a Podiatric limited practice radiographer.
SECTION 4. Upon this act's effective date for two years thereafter, all orders for medication dispensed or treatment provided in a hospital shall be authenticated according to hospital policy. The orders shall be taken by personnel qualified by hospital medical staff rules and shall include the date, time, and name of persons who gave the order and the signature of the person taking the order. The Department of Health and Environmental Control shall promulgate regulations consistent with this provision.
SECTION 5. This act takes effect upon approval by the Governor, provided, however, that the certification requirements outlined in this act shall not take effect for a period of one year after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.
Rep. PARKS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Upon the withdrawal of requests for debate by Reps. WILDER, MOODY-LAWRENCE, EMORY and MCMAHAND, the following Bill was taken up:
S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name PT\AMEND\1597DW99), which was tabled.
Amend the bill, as and if amended, page 6, Section 40-13-250(A) as contained in SECTION 12, at the end of line 28 by inserting after /board/ the following:
/ ; provided, that any person who has held a license for at least fifteen consecutive years and is sixty years of age or older or who has held continuous licensure for at least thirty years, is fifty years of age, and who has not been disciplined by the board is exempt from taking continuing education courses. Upon approval by the board and submission of an attendance form prescribed by the board, a person may obtain continuing education credit by attendance at trade show cosmetology-related instructional programs /
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. STUART moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Battle Breeland Brown J. Carnell Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Emory Gamble Gilham Gourdine Govan Harrison Harvin Hayes Hines M. Inabinett Keegan Kelley Kennedy Klauber Koon Lanford Lee Lloyd Lourie Lucas Mack Maddox Martin McGee McLeod M. McMahand Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Parks Pinckney Quinn Rice Riser Rodgers Rutherford Scott Seithel Sheheen Smith F. Smith J. Smith R. Stuart Taylor Webb Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Altman Bales Barrett Bowers Campsen Canty Cato Davenport Hamilton Harrell Harris Haskins Hines J. Hinson Jennings Kirsh Leach Loftis McCraw McLeod W. Meacham Phillips Rhoad Robinson Sandifer Sharpe Simrill Smith D. Trotter Vaughn Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Reps. F. SMITH, BREELAND and MCMAHAND withdrew their requests for debate on the following Bill:
S. 118 (Word version) -- Senators Mescher and Reese: 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, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.
Reps. MCMAHAND, F. SMITH and DAVENPORT withdrew their requests for debate on S. 181; however, other requests for debate remained on the Bill.
Reps. COTTY and DAVENPORT withdrew their requests for debate on S. 709; however, other requests for debate remained on the Bill.
Rep. NEAL withdrew his request for debate on S. 493; however, other requests for debate remained on the Bill.
Rep. TRIPP withdrew his request for debate on S. 528; however, other requests for debate remained on the Bill.
The motion of Rep. SEITHEL to reconsider the vote whereby the following Bill was rejected was taken up:
H. 3701 (Word version) -- Reps. Davenport, Allison and Walker: A BILL TO AMEND SECTIONS 7-13-330, 7-13-1340, AND SECTION 7-13-1640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR STRAIGHT PARTY TICKET VOTING FOR GENERAL ELECTION BALLOTS, STRAIGHT PARTY TICKET VOTING ON ANY TYPE OF RECORDER, AND VOTING FOR ALL OF THE CANDIDATES OF ONE PARTY BY USE OF A VOTING MACHINE.
Rep. J. SMITH moved to table the motion to reconsider.
Rep. FLEMING demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Mack Maddox McCraw McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Cotty Dantzler Davenport Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Loftis Lucas Martin McGee Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith R. Stuart Taylor Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. FLEMING demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Cotty Dantzler Davenport Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Loftis Lucas Martin McGee Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Stuart Taylor Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith F. Smith J. Wilder Wilkes Young-Brickell
So, the motion to reconsider was rejected.
Rep. SIMRILL asked unanimous consent to recall S. 304 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. ROBINSON objected.
Rep. MEACHAM asked unanimous consent to recall S. 703 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SCOTT objected.
Rep. LANFORD asked unanimous consent to recall H. 3827 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. MARTIN asked unanimous consent to recall S. 263 from the Committee on Education and Public Works.
Rep. LLOYD objected.
Rep. DAVENPORT asked unanimous consent to recall H. 4070 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
Rep. TROTTER asked unanimous consent to recall S. 703 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE objected.
Rep. J. BROWN asked unanimous consent to recall S. 80 from the Committee on Ways and Means.
Rep. KOON objected.
Rep. KNOTTS, with unanimous consent, withdrew his request for debate on S. 126; however, other requests for debate remained on the Bill.
Rep. SIMRILL asked unanimous consent to recall S. 703 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. COBB-HUNTER objected.
Rep. WILKINS presented to the House Ruby Leverette on her retirement.
The Senate amendments to the following Bill were taken up for consideration:
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
Rep. HARRISON proposed the following Amendment No. 6A (Doc Name NBD\AMEND\11450JM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words, and inserting:
/ SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. Any A person who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person dismissed or the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall must not be retained by any a municipal, county, or state law enforcement agency, or a clerk of court."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. D. SMITH proposed the following Amendment No. 7A (Doc Name NBD\AMEND\11451JM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 17-1-40 of the 1976 Code is amended by adding at the end:
" However, an arrest and booking record covered by this section must not be destroyed for a person who pleads guilty or nolo contendere to, or who is convicted of another offense until all post conviction relief proceedings initiated by the person are completed."/
Amend title to conform.
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. D. SMITH proposed the following Amendment No. 8A (Doc Name NBD\AMEND\11452JM99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words, and inserting:
/ SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. Any A person who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person dismissed or the person is found to be innocent not guilty of such the charge or pardoned of a conviction, must have the arrest and booking record, files, mug shots, and fingerprints of such the person shall be destroyed and no evidence of such the record pertaining to such the charge or conviction shall must not be retained by any a municipal, county, or state law enforcement agency, or a clerk of court.
However, an arrest and booking record covered by this section must not be destroyed for a person who pleads guilty or nolo contendere to, or who is convicted of another offense until all post conviction relief proceedings initiated by the person are completed."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. D. SMITH explained the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. D. SMITH spoke in favor of the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Bowers Brown H. Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Gamble Gilham Gourdine Hamilton Haskins Hawkins Hines J. Hinson Inabinett Keegan Kelley Kirsh Klauber Knotts Koon Lanford Leach Loftis Lourie McCraw McGee McLeod W. Meacham Neal J.M. Ott Parks Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith J. Smith R. Stuart Taylor Tripp Trotter Vaughn Webb Whatley Whipper Wilder Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Bales Battle Breeland Brown G. Brown J. Canty Clyburn Cobb-Hunter Harris Harvin Hayes Hines M. Howard Jennings Kennedy Law Lee Lloyd Mack Maddox McMahand Moody-Lawrence Neal Pinckney Rutherford Smith D. Smith F. Wilkes
So, the amendment was tabled.
Reps. D. SMITH and JENNINGS proposed the following Amendment No. 9A (Doc Name NBD\AMEND\11453JM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 17-1-40 of the 1976 Code is amended by adding at the end:
"However, the State Law Enforcement Division shall retain all fingerprints, photographs, and related criminal history record information for criminal justice purposes only."/
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS continued speaking.
Rep. KNOTTS moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barrett Cooper Cotty Dantzler Davenport Fleming Gourdine Hamilton Harrison Haskins Hawkins Keegan Kirsh Klauber Knotts Koon Law Leach Loftis Lourie Mack McCraw Meacham Neilson Rhoad Riser Rutherford Sandifer Sharpe Simrill Smith J. Smith R. Taylor Tripp Whatley Whipper Young-Brickell
Those who voted in the negative are:
Allen Bales Barfield Battle Brown G. Brown J. Campsen Canty Carnell Chellis Cobb-Hunter Delleney Edge Emory Gamble Gilham Govan Harris Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Kelley Kennedy Lanford Lee Lloyd Maddox McGee McKay McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neal J.M. Ott Parks Phillips Pinckney Quinn Rice Rodgers Scott Seithel Sheheen Smith D. Smith F. Stuart Trotter Webb Wilder Wilkes Witherspoon Woodrum
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. NEAL moved to reconsider the vote whereby Amendment No. 9A was adopted.
Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Barfield Barrett Breeland Brown J. Canty Cooper Cotty Dantzler Emory Gamble Govan Hamilton Hawkins Hines J. Hines M. Inabinett Kirsh Klauber Knotts Koon Leach Lee Lloyd Lourie Mack McLeod W. McMahand Moody-Lawrence Neal Neilson Quinn Rhoad Riser Rutherford Scott Sharpe Simrill Smith J. Stuart Taylor Whipper Wilder
Those who voted in the negative are:
Allen Battle Bowers Brown H. Carnell Cato Chellis Cobb-Hunter Davenport Delleney Edge Gilham Gourdine Harrell Harris Harrison Harvin Haskins Hayes Jennings Keegan Kelley Kennedy Law Loftis Martin McCraw McGee Miller Neal J.M. Ott Parks Phillips Pinckney Rice Rodgers Sandifer Seithel Sheheen Smith D. Smith R. Tripp Trotter Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the motion to reconsider was rejected.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
Rep. HARRELL made a statement relative to the Conference Committee on the Appropriation Bill, H. 3696.
The following was received from the Senate.
Columbia, S.C., June 2, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3525:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
and asks for a Committee of Conference and has appointed Senators Saleeby, Glover and Martin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. SCOTT, CAMPSEN and WHATLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 2, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and granted free conference powers and appointed Senators Bryan, Wilson and Hutto of the Committee of Free Conference on the part of the Senate on H. 3035:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3035:
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
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.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 351:
S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 87:
S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The SPEAKER granted Reps. KNOTTS and GAMBLE a temporary leave of absence.
The Senate returned to the House with amendments the following:
H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
Rep. JENNINGS explained the Senate amendments.
The question then recurred to the motion to concur or nonconcur in the Senate amendments.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Barfield Barrett Battle Beck Bowers Breeland Brown G. Brown J. Canty Chellis Clyburn Cobb-Hunter Dantzler Delleney Emory Fleming Gamble Gourdine Govan Harris Harrison Harvin Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Kelley Kennedy Koon Lee Lloyd Lourie Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Neal Neal J.M. Neilson Ott Parks Pinckney Rhoad Riser Rutherford Seithel Sheheen Smith D. Smith F. Smith J. Smith R. Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Cato Cotty Davenport Easterday Gilham Hamilton Harrell Haskins Hawkins Keegan Kirsh Klauber Lanford Leach Loftis McGee Moody-Lawrence Rice Robinson Sandifer Sharpe Simrill Stuart Taylor Tripp
So, the Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.
Rep. JENNINGS proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7548HTC99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-20-105(C) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(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 telecommunications 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;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State."
B. Section 12-36-2120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) clothing and other attire required for working in a Class 100 or better as defined in Federal Standard 209E clean room environment."
C. Section 12-37-930(6)(c) of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"(c) Electronic Interconnection Component Assembly Devices for Computers and Computer Peripherals; semiconductors and semiconductor devices; substrates; flat panel displays; and liquid crystal displays......................................30%
Includes the manufacture of interconnection component assemblies and devices, semiconductors and semiconductor devices, flat panel displays, and liquid crystal displays which are incorporated in computers or computer peripherals, or other electronic control applications, and telecommunications devices. Computer peripherals include tape drives, compact disk read-only memory systems, hard disks, drivers, tape streamers, monitors, printers, routers, servers, and power supplies."
D. The schedule in Section 12-37-930 of the 1976 Code, as last amended by Act 231 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) Class 100 or better as defined in Federal Standard 209E Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems..........................10%
Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and waste water recycling systems; and safety alarm and monitoring systems."
E. Notwithstanding any other effective date provided in this act, subsection A of this section takes effect upon approval by the Governor, and the remaining sections take effect upon approval by the Governor and apply for taxable years beginning after 1998. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. SHARPE proposed the following Amendment No. 4 (Doc Name PT\AMEND\1608DW99), which was adopted.
Amend the report, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 10 of Title 12 of the 1976 Code is amended by adding:
"Section 12-10-81. (A) A business may claim a job development credit as determined by this section if the:
(1) council approves the use of this section for the business;
(2) business qualifies pursuant to Section 12-10-50; and
(3) business is a manufacturer which has more than four hundred twenty-five million dollars in capital invested in this State and employs more than one thousand employees in this State and which commits within a period of five years from the date of a revitalization agreement, to invest an additional three hundred fifty million dollars and create an additional three hundred fifty jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional three hundred fifty million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies the capital and job requirements of this section.
(B)(1) A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable. Job development credits allowed under subsection (C)(1)(a) through (d) of this section apply only to withholding on jobs created pursuant to a revitalization agreement adopted under this section and to the amounts withheld on wages and salaries on those jobs. The credit must be claimed on a quarterly basis. To claim a job development credit, the business must be current with respect to its withholding tax and other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.
(2) To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs at the South Carolina facility or facilities described in the revitalization agreement.
(3) To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.
(4) If a qualifying business claims job development credits pursuant to this section, it must 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 claiming job development credits pursuant to this section must file 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 must 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 in which the job development credits are claimed. An employer may not claim an amount that results in an employee 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.
(C)(1) The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns $6.34 or more an hour but less than $8.45 an hour;
(b) three percent of the gross wages of each new employee who earns $8.45 or more an hour but less than $10.57 an hour;
(c) four percent of the gross wages of each new employee who earns $10.57 or more an hour but less than $15.85 an hour;
(d) five percent of the gross wages of each new employee who earns $15.85 or more an hour; and
(e) the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.
(2) The hourly gross wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board for the purposes of Section 12-10-80(3). The amount which may be claimed by a qualifying business is limited by the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.
(D) To claim a job development credit, the qualifying business must incur expenditures at the facility or for utility or transportation improvements that serve the facility. The expenditures must be incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement including a preliminary revitalization agreement authorized by the revitalization agreement, and used for:
(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 telecommunication;
(4) fixed transportation facilities including highway, rail, water, and air; or
(5) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(E) A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits.
(F) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes under this section for a business subject to this section."
B. This section applies to taxable years beginning after 1998. Notwithstanding any to the contrary in this section, no business shall be entitled to any benefits under a revitalization agreement entered into under this section before July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. MILLER proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\9400MM99), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION __. Items (6) and (9) of Section 31-6-30 of the 1976 Code are amended to read:
"(6) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under SECTION 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be owned by the municipality publicly owned.
(9) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf."
SECTION __. The third and fifth undesignated paragraphs of Section 31-6-80 of the 1976 Code are amended to read:
"If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The municipality may issue obligations to finance the redevelopment project if less than all taxing districts consent to the extent that each affected taxing district consents to the redevelopment plan. The tax increment for a taxing district that does not consent to the redevelopment plan must not be included in the special tax allocation fund after the first fifteen years after the initial issuance of obligations to finance such plan. No consent is required of any taxing district if the term of the proposed initial obligations is fifteen years or less or, in the case of any additional or refunding obligations, if the term of the obligations is not greater than the later of (a) fifteen years from the date of issuance of the initial or refunded obligations or (b) the remaining term of the initial or refunded obligations.
After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or nature of the redevelopment project must be approved by ordinance resolution of the municipality each affected taxing district in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area." /
Amend title to conform.
Rep. MILLER explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. MILLER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Cooper Edge Kelley Martin Robinson Trotter
Those who voted in the negative are:
Allen Altman Askins Bailey Bales Barrett Battle Beck Bowers Breeland Brown G. Brown J. Canty Carnell Cato Chellis Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Emory Fleming Gamble Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Kennedy Kirsh Leach Lee Lloyd Loftis Lourie Mack Maddox McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stuart Taylor Vaughn Webb Whatley Whipper Wilder Wilkes Witherspoon Woodrum
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. TRIPP and R. SMITH proposed the following Amendment No. 6 (Doc Name PT\AMEND\1599DW99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-6-3360(M)(3) of the 1976 Code, as last amended by Act 143 of 1997, is further amended to read:
"(3) 'New job' means a job created in this State at the time a new facility or an expansion is initially staffed. The term does not include a job created when an employee is shifted from an existing location in this State to a new or expanded facility whether the transferred job is from, or to, a facility of the taxpayer or a related person. A related person shall include includes any entity or person that bears a relationship to the taxpayer as set forth described in Section 267 of the Internal Revenue Code. However, this exclusion of a new job created by employee shifting does not extend to a job created at a new or expanded facility located in a county in which is located an 'applicable federal facility' as defined in Section 12-6-3450(A)(1)(b). The term 'new job' also includes an existing jobs job at a facility of an employer which are is reinstated after the employer has rebuilt the facility due to:
(a) its destruction by accidental fire, natural disaster, or act of God;
(b) involuntary conversion as a result of condemnation or exercise of eminent domain by the State or any of its political subdivisions or by the federal government.
Destruction for purposes of this provision means that more than fifty percent of the facility was destroyed. For purposes of this section, involuntary conversion as a result of condemnation or exercise of eminent domain includes a legally binding agreement for the purchase of a facility of an employer entered into between an employer and the State of South Carolina or a political subdivision of the State under threat of exercise of eminent domain by the State or its political subdivision.
The year of reinstatement is considered to be the year of creation of the job. All such reinstated jobs so reinstated qualify for the credit under pursuant to this section, and no a comparison is not required to be made between the number of full-time jobs of the employer in the taxable year and the number of full-time jobs of the employer with the corresponding period of the prior taxable year."
B. Section 12-10-30 of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone.
(4) 'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual.
(5) 'New Job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).
(6) 'Qualifying business' means an employer that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under the provisions of this chapter.
(6)(7) 'Project' means an investment for one or more purposes in Section 12-10-80(B) needed for a qualifying business to locate, remain, or expand in an enterprise zone and otherwise fulfill the requirements of this chapter.
(7)(8) Reserved.
(8)(9) 'Withholding' means employee withholding under Chapter 9 of this title."
C.1. Section 12-10-35(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) If a qualifying business creates at least one hundred new full-time jobs, as defined and determined in Section 12-6-3360(F), in a county with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years and at least ninety percent of the investment of the qualifying businesses' investment business in this State is in such a that county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the company's first ten taxable years beginning with the taxable year after it first qualifies. The moratorium applies to that portion of the company's corporate income tax that represents the ratio that the company's new investment is of its total investment in this State."
2. The repeal of Section 12-10-35 effective July 1, 2003, pursuant to Section 37B, Part II, Act 419 of 1998, applies to this section.
D. Notwithstanding any other effective date in this act, the provisions of this section are effective for taxable years after 1998. /
Renumber sections to conform.
Amend title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 7 (Doc Name COUNCIL\BBM\AMEND\9408MM99), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __.A. Section 2-7-76 of the 1976 Code, as last amended by Section 115, Part II, Act 497 of 1994, is further amended to read:
"Section 2-7-76. (A) Whenever The chairman of the legislative committee to which a bill or resolution was referred shall direct the Budget Division or the Economic Research Section of the Budget and Control Board, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation before the legislation is reported out of that committee if a bill or resolution:
(1) requires a county or municipality to expend funds allocated to the county or municipality under pursuant to Chapter 27 of Title 6, or whenever a bill or resolution;
(2) is introduced in the General Assembly to require the expenditure of funds by a county or municipality, or whenever a bill or resolution;
(3) requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law,; or whenever a bill
(4) relates to taxes imposed by political subdivisions, the chairman of the legislative committee to which the bill or resolution was referred shall direct the Budget Division or the Department of Revenue, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation prior to the legislation being reported out of that committee.
(B) A revised estimated fiscal or revenue impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division or Department of Revenue prior to Economic Research Section of the Budget and Control Board before third reading of the bill or resolution, if there is a significant amendment to the bill or resolution.
(C) For purposes of this section, political subdivision means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."
B. Section 12-6-40(A) of the 1976 Code, as last amended by Act 268 of 1998, is further amended to read:
"(A) 'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1997 1998, and includes the effective date provisions contained therein."
C. Section 12-6-1120(8) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(8) Each partner in the Palmetto Seed Capital Fund Limited Partnership (Fund) established under pursuant to Section 41-44-60 shall exclude from South Carolina gross income, seventy-five percent of the partner's proportionate share of income that the fund derives from a South Carolina business which is either:
( i) established and operated in a less least developed county as defined in Section 12-6-3360,; or
(ii) invested in agriculture, aquaculture, or a related business or in a business created by a socially or economically disadvantaged individual as defined in 13 Code of Federal Regulations, Sections 124.105(A) and 124.106 (1987)."
D. Section 12-6-3410(D)(2) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(2) The establishment, expansion, or addition of a corporate headquarters or research and development facility must result in:
(a) the creation of at least seventy-five new full-time jobs performing either:
( i) headquarters related functions and services; or
(ii) research and development related functions and services_which.
The jobs must have an average cash compensation level of more than one and one-half times the per capita income of this State at the time the jobs are filled based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled; and
(b) an average South Carolina employee cash compensation level for all employees in this State of more than twice the per capita income in the State at the time the newly created jobs are filled based on the most recent per capita income data available as of the end of the taxpayer's taxable year in which the jobs are filled."
E. Section 12-6-3465 of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"Section 12-6-3465. A taxpayer who is constructing or operating a qualified recycling facility as defined in Section 12-7-1275 12-6-3460 shall be is entitled to credits in the amount of all funds collected as permitted in Section 12-10-80, which credits can be used to reduce the taxpayer's corporate income tax imposed by Section 12-7-230 12-6-530, sales or use tax imposed by the State or any political subdivision of the State, corporate license fees imposed by Section 12-19-70 12-20-50 or any tax similar to these taxes. Any unused credits may be carried forward to subsequent taxable years until such credits are exhausted."
F. Section 12-16-20(5) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(5) 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 1991 as described in Section 12-6-40(A)."
G. Section 12-20-20(A) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(A) Except for those corporations described in Section 12-20-110, every domestic corporation, every foreign corporation qualified to do business in this State, and any other corporation required by Section 12-6-530 12-6-4910 to file income tax returns shall file an annual report with the department."
H. The third paragraph of Section 12-36-510(C) of the 1976 Code, as last amended by Act 383 of 1994, is further amended to read:
"'Special event' means a promotional show, trade show, fair, festival, or carnival for which an admissions fee is required for entering the event or, in the case of a festival, if the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism. In addition, the event must be operated for a period of less than twelve consecutive days."
I. Section 12-37-251(F) of the 1976 Code, as last amended by Section 29C, Part II, Act 419 of 1998, is further amended to read:
"(F) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue's Economic Research Section of the Budget and Control Board estimate of total school tax revenue loss resulting from the exemption in the next fiscal year."
J. The second paragraph of Section 12-54-85(D) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"Notwithstanding any restrictions on filing a claim for refund provided in subsection (F) below, a corporation may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service within thirty ninety days from the date the Internal Revenue Service changes the taxable income."
K. 1. Section 12-56-20(1) of the 1976 Code, as last amended by Section 55A, Part II, Act 419 of 1998, is further amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, or other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."
2. Section 12-56-60 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-60. (A) A claimant agency seeking to attempt collection of a delinquent debt through setoff shall notify the department in writing and supply information the department determines necessary to identify the debtor whose refund is sought to be set off. A request for setoff may be made only after the claimant agency has notified the debtor of its intention to cause the debtor's refund to be set off not less than thirty days before the claimant agency's request to the department. This notice must be given in person, left at the dwelling or usual place of business of the debtor, or sent by certified or registered mail to the debtor's last known address no less than thirty days before the claimant agency's request to the department. The notice shall include a statement which sets forth administrative appeal procedures available to the debtor and alternatives available to the debtor which could prevent setoff. The claimant agency promptly shall notify the debtor when the liability out of which the setoff arises is satisfied. Notification to the department and the furnishing of identifying information must occur on or before a date specified by the department in the year preceding the calendar year during which the refund would be paid. Additionally, subject to the notification deadline specified above, the notification is effective only to initiate setoff for claims against refunds that would be made in the calendar year subsequent to the year in which notification is made to the department.
(B) Upon receiving the certification of the claimant agency of the amount of the delinquent debt, the department shall determine if the debtor is due a refund. If the debtor is due a refund of more than twenty-five dollars, the department shall set off the delinquent debt against the amount of the refund in excess of twenty-five dollars and transfer the amount set off to the claimant agency. The department may retain an amount not to exceed twenty-five dollars of each refund set off to defray its administrative expenses. No apportionment is required in cases of refunds resulting from filing joint returns. A person has no property right or property interest in a refund until all amounts due the State and claimant agencies are paid. The department shall consider any certified delinquent debt and debtor list provided by a claimant agency as correct and the department is not liable for a wrongful or improper setoff. Reviews of refund setoffs are with the claimant agency. If, after appropriate review the claimant agency determines that the setoff amount is excessive, it shall refund the appropriate amount to the taxpayer. If, after appropriate review, the claimant agency determines that it is entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If a refund has been retained in error, the claimant agency shall pay interest to the taxpayer calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final except that no interest accrues when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services."
3. Chapter 56 of Title 12 of the 1976 Code is amended by adding:
"Section 12-56-62. The notice of intention to set off must be given by mailing the notice, with postage prepaid, addressed to the debtor at the address provided to the claimant agency when the debt was incurred or at the debtor's last known address. The giving of the notice by mail is complete upon the expiration of thirty days after deposit of the notice in the mail. A certification by the claimant agency that the notice has been sent as required by this section is presumptive proof that the requirements as to notice are met, even if the notice actually has not been received by the debtor. The notice must include a statement of appeal procedures available to the debtor, substantially as follows:
'According to our records, you owe the (claimant agency) a debt in the amount of (amount of the debt) for (type of debt) . You are hereby notified of the (claimant agency's) intention to submit this debt to the South Carolina Department of Revenue to be set off against your individual income tax refund. Pursuant to the Setoff Debt Collection Act, this amount, plus all costs, will be deducted from your South Carolina individual income tax refund unless you file a written protest within thirty days of the date of this notice. If you file a joint return with your spouse, this amount will be deducted from the total joint refund without regard to which spouse incurred the debt or actually withheld the taxes. The protest must contain the following information:
(1) your name;
(2) your address;
(3) your social security number;
(4) the type of debt in dispute; and
(5) a detailed statement of all the reasons you disagree or dispute the debt.
The original written protest must be mailed to the (claimant agency) at the following address:
(address of the entity requesting the setoff) .'
Section 12-56-63. (A) A debtor who protests the debt shall file a written protest with the claimant agency at the address provided in the claimant agency's notification of intention to set off. The protest must be filed within thirty days of the date of the notice of intention to set off and must contain the debtor's name, address, and social security number, identify the type of debt in dispute, and give a detailed statement of all the reasons which support the protest. The requirements of this section are jurisdictional.
(B) An association defined as a political subdivision in Section 12-56-20(1) may contract with another political subdivision for the processing of debts to be submitted to the department. These services may be funded through an administrative fee. The association is exempt from the notice and appeal procedures of this chapter. The entity responsible for the notice and hearing requirements of this chapter is the political subdivision which has submitted its claim through the association or governmental entity which has submitted it directly to the department.
Section 12-56-65. (A) Before submitting a debt to the department, the claimant agency shall appoint a hearing officer to hear a protest of a debtor. This hearing officer is vested with the authority to decide a protest in favor of either the debtor or the claimant agency. The claimant agency shall certify to the department, on a form prescribed by the department, that a hearing officer has been appointed and shall inform the department of the name, address, and telephone number of the hearing officer. If this hearing officer is unable to serve at any time, the claimant agency shall appoint another hearing officer.
(B) Upon receipt of a notice of protest, the claimant agency shall notify the department that a protest has been received and shall hold an informal hearing at which the debtor may present evidence, documents, and testimony to dispute the debt. The claimant agency shall notify the debtor of the date, time, and location of the informal hearing. At the conclusion of the informal hearing, the hearing officer shall render his determination. Upon receipt of a sworn certification from the hearing officer that he held an informal hearing and ruled in favor of the claimant agency, the department may proceed with the setoff, regardless of a subsequent appeal by the debtor.
(C) A debtor may seek relief from the hearing officer's determination by requesting, within thirty days of the determination, a contested case hearing before the Administrative Law Judge Division. A request for a hearing before the Administrative Law Judge Division must be made in accordance with its rules.
(D) If a setoff is made and the determination of the hearing officer in favor of the claimant agency is later reversed, the claimant agency shall refund the appropriate amount to the taxpayer. If the claimant agency is found to be entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If the claimant agency is found to be entitled to a portion of the amount set off, it is not required to refund the administrative fee retained by the department.
(E) If a refund is retained in error, the claimant agency shall pay to the taxpayer interest calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final, except that interest does not accrue when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services.
(F) If the claimant agency determines that money has been erroneously or illegally set off, the claimant agency, in its discretion, may refund the amount of the setoff, even if the debtor does not file a protest.
(G) A setoff may not be contested more than one year after the date the setoff was made. The date of the setoff must be conclusively determined by the department. This provision must be construed as a statute of repose and not as a statute of limitation.
Section 12-56-67. This section does not create a right to jury trial where one does not already exist. Where a debtor otherwise is entitled to have a jury determine the issue of indebtedness, that right is preserved specifically. If a right to a jury trial already exists and the debtor wishes to exercise that right, the debtor is not required to request a contested case hearing before the Administrative Law Judge Division but instead must file a summons and complaint in the Court of Common Pleas and serve the pleadings on the claimant agency within thirty days from the date of the hearing officer's determination. The summons and complaint must name the claimant agency as a defendant and the allegations of the complaint must contest the debt and any potential setoff.
Section 12-56-120. The department is exempt from the notice and appeal procedures of this chapter. The appeal procedures for the setoff of any debt owed to the department is governed by the provisions of Chapter 60 of Title 12 which provides the sole and exclusive remedy for these procedures."
4. Section 12-56-110 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-110. The department shall may promulgate regulations and prescribe forms and procedures necessary to implement this chapter."
5. All liabilities incurred and rights accrued before the effective date of this section are unaffected by the provisions of this section.
6. Upon approval by the Governor, this section applies to a liability incurred or a right accrued on and after that date.
SECTION __. A. Article 1, Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-43. (A) Except as otherwise provided, the civil penalties imposed by this penalty section apply to every revenue or tax law of the State that provides for the filing with the department of a return or statement of the tax or the amount taxable.
(B) The penalties described in this section must be added to and become a part of and collected as the tax imposed by the revenue or tax laws of this State.
(C)(1) In the case of failure to file a return on or before the date prescribed by law, determined with regard to any extension of time for filing, there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding twenty-five percent in the aggregate.
(2) In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return, determined with regard to any extension of time for filing, the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return, except in those cases in which the tax owed is one hundred dollars or less.
(3) For the purpose of this subsection, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return.
(D) In case of failure to pay the amount shown as tax on any return on or before the date prescribed by law, determined with regard to any extension of time for paying, there must be added to the tax due a penalty of one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction of the month, during which the failure continues, not exceeding twenty-five percent in the aggregate.
(E) In case of failure to pay any amount of any tax required to be shown on a return which is not shown, including an assessment within ten days of the date of the notice and demand for payment, there must be added to the amount of tax stated in the notice and demand one-half of one percent of the amount of the tax if the failure is for not more than one month, with an additional one-half of one percent for each additional month or fraction of a month during which the failure continues, not exceeding twenty-five percent in the aggregate.
(F)(1) If part of an underpayment of tax or part of a claim for refund of tax paid is due to negligence or disregard of regulations, there must be added to the tax an amount equal to the sum of five percent of the underpayment or claimed refund and an amount equal to fifty percent of the interest payable under Section 12-54-25.
(2) A portion of an underpayment attributable to fraud with respect to which a penalty is imposed under subsection (G) must not be considered under this subsection.
(3) For purposes of this subsection, 'negligence' includes a failure to make a reasonable attempt to comply with the provisions of this title, and 'disregard' includes careless, reckless, or intentional disregard.
(G)(1) If a part of an underpayment of tax required to be shown on a return is due to fraud, there must be added to the tax an amount equal to the sum of seventy-five percent of the portion of the underpayment which is attributable to fraud and an amount equal to fifty percent of the interest payable under Section 12-54-25 with respect to that portion for the period beginning on the last day prescribed by law for payment of the underpayment, determined without regard to any extension, and ending on the date of the assessment of the tax or, if earlier, the date of the payment of the tax.
(2) If the department establishes that a portion of an underpayment is attributable to fraud, the entire underpayment must be treated as attributable to fraud, except that portion of the underpayment which the taxpayer establishes is not attributable to fraud.
(3) In case of a joint return, this subsection applies to a spouse only if some part of the underpayment is due to the fraud of the spouse.
(4) If a penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, a penalty relating to failure to file the return or pay tax may not be assessed with respect to the portion of the underpayment which is attributable to fraud.
(H) A person who must obtain a license or purchase stamps for identification purposes, and who fails to obtain or display the license properly, or to affix the stamps properly, or to comply with statutory provisions, is subject to a penalty of not less than fifty dollars nor more than five hundred dollars for each failure. For failure to obtain or display a license as prescribed in Sections 12-21-2720 and 12-21-2730, the penalty is fifty dollars for each failure to comply.
(I) A person:
(1) who files what purports to be a return of the tax imposed by a provision of law administered by the department but which:
(a) does not contain information on which the substantial correctness of the tax liability may be judged; or
(b) contains information that on its face indicates the liability is substantially incorrect; and
(2) whose conduct is due to:
(a) a position which is frivolous; or
(b) a desire, which appears on the purported return, to delay or impede the administration of state tax laws;
(3) is liable to a penalty of five hundred dollars. This penalty is in addition to all other penalties provided by law.
(J) Whenever it appears to an administrative law judge that proceedings before him have been instituted or maintained by the taxpayer primarily for delay or that the taxpayer's position in the proceedings is frivolous or groundless, damages in an amount not to exceed five thousand dollars must be awarded to the State in the administrative law judge's decision. These damages must be assessed at the same time as the deficiency, paid upon notice and demand from the department, and collected as a part of the tax.
Section 12-54-44. (A) Except as otherwise provided, the criminal penalties imposed by this section apply to every revenue or tax law of the State that provides for the filing with the department of a return or statement of the tax or the amount taxable.
(B)(1) A person who wilfully attempts in any manner to evade or defeat a tax or property assessment imposed by a title administered by the department or the payment of that tax or property assessment, in addition to other penalties provided by law, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both, together with the cost of prosecution.
(2) A person required by a provision of law administered by the department and who wilfully fails to collect, truthfully account for, and pay over any tax imposed by a provision of law, in addition to other penalties provided by law, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both, together with the cost of prosecution.
(3) A person required under any provision of law administered by the department and who wilfully fails to pay any estimated tax or tax, or who is required by any provision of law or by any regulation and who wilfully fails to make a return, keep records, or supply information, at the time or times required by law or regulation, in addition to other penalties provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than one year, or both, together with the cost of prosecution.
(4) A person required by law or regulation to furnish a statement who wilfully furnishes a false or fraudulent statement in the manner, at the time, and showing the information required by law or regulation, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(5) A person required to supply information to his employer under Chapter 8 of Title 12 who wilfully supplies false or fraudulent information or who wilfully fails to supply information which would require an increase in the tax to be withheld under Chapter 8, Title 12 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Offenses in this item are triable in magistrate's court.
(6)(a) A person is guilty of a felony and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than five years, or both, together with the cost of prosecution, if he:
( i) wilfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter; or
(ii) wilfully assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with a matter arising under those provisions of law administered by the department of a return, affidavit, claim, or other document which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document.
(b) A person convicted of a crime described in subitem (a)(ii) is prohibited from preparing or assisting in the preparation of a tax return required to be filed under any title administered by the department. A person violating this prohibition is guilty of a felony, and, upon conviction, must be fined ten thousand dollars and imprisoned for at least five years without probation, parole, or suspension of sentence.
(c) A person who:
( i) wilfully removes, deposits, or conceals, or is concerned in removing, depositing, or concealing goods or commodities for which a tax is or must be imposed, or property upon which levying is authorized pursuant to law, with intent to evade or defeat the assessment or collection of any tax imposed by this provision of law administered by the department is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both, together with the cost of prosecution;
( ii) in connection with the preparation of a tax return for another, the filing of a tax return, or the payment of a tax, receives money from the payment of any tax, receives money from the other person with the understanding that it is to be paid over to the department to discharge, in whole or in part, the other person's tax liability and wilfully fails to pay over the same to the department is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both, for each offense together with the cost of prosecution; or
(iii) wilfully delivers or discloses to the department any list, return, account, statement, or other document known by him to be fraudulent or to be false as to a material matter, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
(C) A failure to deposit or pay taxes deducted and withheld pursuant to Article 5 of Chapter 8 subjects the withholding agent to a penalty of not less than ten dollars nor more than one thousand dollars. The penalty imposed by this item applies to failure to comply with the provisions of Section 12-54-250.
(D) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
B. Section 4-12-30(F)(2)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(a) Replacement property does not have to serve the same function as the property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year it is replacing. More than one piece of replacement property can replace a single piece of fee property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-12-20. Replacement property is entitled to the fee payment for the period of time remaining on the fee period for the property which it is replacing; provided, however, that where a single piece of property replaces two or more pieces of property, the fee period must be measured from the earliest of the dates on which the replaced pieces of property were placed in service."
C. Section 4-29-67(F)(2)(a) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(a) Replacement property does not have to serve the same function as the property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies for fee treatment provided in subsection (D)(2) only up to the original income tax basis of fee property which is being disposed of in the same property tax year it is replacing. More than one piece of replacement property can replace a single piece of fee property. To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the property which it is replacing, the excess amount is subject to payments as provided in Section 4-29-60. Replacement property is entitled to the fee payment for the period of time remaining on the twenty-year fee period for the property which it is replacing; provided, however, that where a single piece of property replaces two or more pieces of property, such fee period shall be measured from the earliest of the dates on which the replaced pieces of property were placed in service."
D. Section 4-29-68(F) of the 1976 Code, as added by Act 4 of 1995, is amended to read:
"(F) A county, municipality, or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-1-170, 4-12-30, 4-29-60, or 4-29-67, or Chapter 44, Title 12 in which these revenues are derived in whole or in part from a redevelopment project area established pursuant to Title 31, Chapter 6 shall allocate these revenues in accordance with the ordinance of the municipality adopted pursuant to Section 31-6-70 as if these revenues remained ad valorem taxes. All taxes fees collected in the redevelopment project area which are not subject to the ordinance of the municipality adopted pursuant to Section 31-6-70 become payments in lieu of taxes and the portion collected by the municipality may be pledged to secure special source revenue bonds issued by the municipality pursuant to Section 4-1-175 or this section."
E. Section 11-1-10 of the 1976 Code is amended to read:
"Section 11-1-10. It shall be is unlawful for any an officer of this State, or his agent, employee, or servant to collect from any a person any delinquent taxes, fine, or other money due the county or State without issuing to such that person an official receipt showing the number, date, name of person, amount collected, and for what purpose,. and such The officer, agent, employee, or servant shall keep a stub similar to the receipt which and he shall at the end of each month turn it over at the end of each month to the county treasurer of the county in which such the collections are made. The county treasurer shall check the amounts turned in to him by such against the stubs and issue a clearance card to such the officer, or his agent, employee, or servant showing all moneys to have been monies turned in according to the stub stubs. Any officer, agent, employee, or servant violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, shall be must fined in an amount not exceeding more than one hundred dollars or imprisoned not exceeding more than thirty days for each and every offense. An officer or employee of the Department of Revenue may turn in only those documents and reports as required by rules adopted and regulations promulgated by the director of the department."
F. Section 12-6-50(14) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"(14) Sections 2001 through 7655, 7801 through 7871, and 8001 through 9602, except for Section 6015, and except for Sections 6654 and 6655 which are adopted as provided in Section 12-6-3910."
G. Section 12-6-3360(B) and (K) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(B) The department shall rank and designate the state's counties by December thirty-first each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The counties are ranked using the last three years of available per capita income data from the most recent and the last thirty-six month period months or three years of available unemployment rate data, with equal weight given to unemployment rate and per capita income as follows:
(1) The twelve counties with a combination of the highest unemployment rate and lowest per capita income are designated least developed counties.
(2) The twelve counties with a combination of the next highest unemployment rate and next lowest per capita income are designated under developed counties.
(3) The eleven counties with a combination of the next highest unemployment rate and the next lowest per capita income are designated moderately developed counties.
(4) The eleven counties with a combination of the lowest unemployment rate and the highest per capita income are designated developed counties. The designation by the department is effective for corporate taxable years which begin after the date of designation.
(5)(a) A county, any portion of which is located within twenty-five miles of the boundaries of an applicable military installation or applicable federal facility as defined in Section 12-6-3450(1), shall receive the benefits of the next increased credit designation for five years beginning with the year in which the military installation or federal facility became an applicable military installation or applicable federal facility as defined in Section 12-6-3450(1), with the additional requirement that the military installation must have reduced employment on the installation of at least three thousand employees.
(b) For In addition to the designation in subitem (a), a county in which is located an applicable military installation or applicable federal facility meeting the requirements for the increased credit provided in subitem (a) of this item, the credit allowed is two tiers higher than the credit for which the county would otherwise qualify is located is allowed an additional increased credit designation for five years beginning with the year the installation or facility meets the requirements.
(c) Notwithstanding the designations in Section 12-6-3360, Laurens, Cherokee, and Union Counties shall qualify for the next increased credit designation.
(d) In a county where less than five percent of the work force is in manufacturing, the credit allowed is one tier higher than the credit for which the county would otherwise qualify.
(K)(1) In addition to those credits allowed under subsection (C) of this section a corporation, partnership, or limited liability company that qualifies for a credit under this section as an S corporation, partnership, or limited liability company, entitles each shareholder of the S corporation, partner of the partnership, or member of the limited liability company to a nonrefundable credit against taxes imposed pursuant to Section 12-6-510. An S corporation, limited liability company taxed as a partnership, or partnership that qualifies for a credit under this section may pass through the credit earned to each shareholder of the S corporation, partner of the partnership, or member of the limited liability company. For purposes of this subsection, limited liability company means a limited liability company taxed as a partnership.
(2)(a) The amount of the credit allowed a shareholder, partner, or owner of a limited liability company member by this subsection is equal to the shareholder's percentage of stock ownership, partner's interest in the partnership, or member's interest in the limited liability company for the taxable year multiplied by the amount of the credit the taxpayer would have been entitled to if it were taxed as a corporation earned by the entity. This nonrefundable credit is allowed against taxes due under Section 12-6-510 or 12-6-530 and may not exceed fifty percent of the shareholder's, partner's, or member's tax liability under Sections 12-6-510 or 12-6-530.
(b) Notwithstanding subitem (a), the credit earned pursuant to this section by an S corporation owing corporate level income tax must be used first at the entity level. Only the remaining credit passes through to each shareholder.
(3) A credit claimed under pursuant to this subsection but not used in a taxable year may be carried forward by each shareholder, partner, or member for fifteen years from the close of the tax year in which the credit is earned by the S corporation, partnership, or limited liability company. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-6-510. The entity earning the credit may not carry over credit that passes through to its shareholders, partners, or members."
H. Section 12-6-3360(M)(13) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:
"(13) 'Qualifying service-related facility' means:
(a) an establishment engaged in an activity or activities listed under the Standard Industrial Classification (SIC) Code 80 according to the Federal Office of Management and Budget Standard Industrial Classification Manual, 1987 edition; or
(b) a business, other than a business engaged in legal, accounting, or investment services or retail sales, which has a net increase of at least:
( i) two hundred fifty jobs at a single location;
( ii) one hundred twenty-five jobs at a single location and the jobs have an average cash compensation level of more than one and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled;
(iii) seventy-five jobs at a single location and the jobs have an average cash compensation level of more than twice the per capita income in the county where the jobs are located at the time the jobs are filled; or
(iv) thirty jobs at a single location and the jobs have an average cash compensation level of more than two and one-half times the per capita income in the county where the jobs are located at the time the jobs are filled.
The per capita income for each county is determined by using the most recent data available from the Board of Economic Advisors. A taxpayer shall use the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Determination of the required number of jobs is in accordance with the monthly average described in subsection (F)."
I. Section 12-6-4910(1)(a) and (b) of the 1976 Code, as added by Act 75 of 1995, is amended to read:
"(a) an individual not listed in (c) whose federal filing status is single, surviving spouse, or head of household who has gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)(A).
(b) an individual not listed in (c) who files a joint return and whose combined gross income for the taxable year, is more than the sum of twice the exemption amount plus the applicable basic standard deduction if the individual and spouse had the same household at the close of the taxable year, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual or spouse is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)."
J. Section 12-6-5060 of the 1976 Code, as added by Act 76 of 1995, is amended by adding at the end:
"(E) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
K. Section 12-6-5065 of the 1976 Code, as added by Act 262 of 1996, is amended by adding at the end:
"(E) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
L. Section 12-6-5070 of the 1976 Code, as added by Act 90 of 1995, is amended by adding at the end:
"(E) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
M. Section 12-6-5080 of the 1976 Code, as added by Section 64A, Part II, Act 155 of 1997, is amended by adding at the end:
"(D) For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."
N. Section 12-21-2550(B) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:
"(B) If a person fails to make a true and correct return or fails to file the return, the department shall make a return upon the information it is able to obtain an estimate of the tax liability from the best information available, and issue a proposed assessment for the taxes, including penalties and interest."
O. Section 12-36-2120(33) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"(33) electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene or LP gas of twenty gallons or less by retailers are considered used for residential heating purposes;"
P. Section 12-54-240(B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended by adding at the end:
"(20) submission of taxpayer names and home addresses to the director of the South Carolina Retirement System to effectuate the provisions of Section 9-1-1650 relating to the disposition of inactive accounts."
Q. Section 12-56-20(1) of the 1976 Code, as last amended by Section 55A, Part II, Act 419 of 1998, is further amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service, and the United States Department of Education. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members or other political subdivisions."
R. Section 12-56-20(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(3) 'Debtor' means any individual a person having a delinquent debt or account with any a claimant agency which has not been adjusted, satisfied, or set aside by court order, or discharged in bankruptcy."
S. Sections 12-6-5590, 12-54-35, and 12-54-40 of the 1976 Code are repealed.
T. Section 12-4-320(6) of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"(6) if for damage caused by war, terrorist act, or natural disaster or service with the United States armed forces occurs as defined in Section 12-9-310, prescribe temporary rules including, but not limited to, the filing of returns, payment of taxes, and extensions of due dates or national guard in or near a hazard duty zone, extend the date for filing returns, payments of taxes, collection of taxes, and conducting audits, and waive interest and penalties."
U. Section 12-60-470(C) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(C) Only the taxpayer legally liable for the tax may file a claim for refund or receive a refund, except that after the application of Section 12-60-490:
(1) the assignment of a refund may be made, but only after the department has authorized the refund and issued an order for the refund to the State Treasurer's office; or
(2) a person who acts as a collector and remitter of state taxes may claim a credit or refund of the tax collected, but only if the person establishes that he has paid the tax in question to the State, and
(1)(a) repaid the tax to the person from whom he collected it; or
(2)(b) obtained the written consent of the person from whom he collected the tax to the allowance of the credit or refund."
V. Section 12-44-60 of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"Section 12-44-60. (A) The fee agreement may provide that property which is placed in service as a replacement for economic development property may become economic development property. This replacement property is not required to serve the same function as the economic development property it is replacing. Replacement property is deemed to replace the oldest property subject to the fee, whether real or personal, which is disposed of in the same property tax year as the replacement property is placed in service. Replacement property qualifies as economic development property only to the extent of the original income tax basis of the economic development property which is being disposed of in the same property tax year. More than one piece of property can replace a single piece of property.
(B) To the extent that the income tax basis of the replacement property exceeds the original income tax basis of the economic development property which it is replacing, the excess amount is subject to annual payments calculated as if the exemption for economic development property were not allowed. Replacement property is entitled to the fee payment for the period of time remaining during the exemption period for the economic development property which it is replacing. Where a single piece of property replaces two or more pieces of economic development property, the time period remaining must be measured from the earliest of the dates on which the replaced pieces of economic development property were placed in service.
(C) The new replacement property which qualifies for the fee provided in Section 12-44-50 is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original economic development property. The fee payment for replacement property must be based on Section 12-44-50(A)(3) if the sponsor originally used an alternative payment method."
W. 1. Section 6-1-320(A) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(A) Notwithstanding Section 12-37-251(E), a local governing body may only increase the millage rate imposed for general operating purposes above the rate imposed for such purposes for the prior preceding tax year only to the extent of the increase in the consumer price index for the preceding fiscal calendar year. However, in the year in which a reassessment program is implemented, the rollback millage, as calculated pursuant to Section 12-37-251(E), must be used in lieu of the previous year's millage rate."
2. This section is effective for property tax years beginning after 1998.
X. The Department of Revenue may amend the 1999 Index of Taxpaying Ability, as defined in Section 59-20-20(3), up to June 1, 1999, for purposes of calculating the 1999 Index of Taxpaying Ability.
Y. This section takes effect upon approval by the Governor; and subsections B, C, and E are effective for property tax years beginning after 1998, subsections A, H, I, J, K, L, M, N, and R are effective for taxable years after 1998, and subsection P is effective July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 7 was out of order in that it was not germane to the Bill.
Rep. VAUGHN argued contra.
Rep. ROBINSON argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. ROBINSON proposed the following Amendment No. 8 (Doc Name DKA\AMEND\3603MM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 12 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 9 (Doc Name DKA\AMEND\3604MM99), which was adopted.
Amend the bill, as and if amended, by striking SECTION 13 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 10 (Doc Name DKA\AMEND\3605MM99), which was tabled.
Amend the bill, as and if amended, by striking SECTION 14 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. QUINN moved to table the amendment, which was agreed to by a division vote of 41 to 10.
Rep. ROBINSON proposed the following Amendment No. 11 (Doc Name DKA\AMEND\3606MM99), which was tabled.
Amend the bill, as and if amended, Section 12-37-223, as contained in SECTION 14, page 22, by inserting after the /./ one line 7, / An exemption allowed by this section applies only to real property which has been owner-occupied for twenty consecutive years by an owner who, at the time of the application for the exemption, has an annual income of eighty thousand dollars or less . /
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. RUTHERFORD raised a Point of Order that Amendment No. 11 was out of order in that it was not germane to the Bill.
Rep. ROBINSON argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. GAMBLE moved that the House do now adjourn.
Rep. GAMBLE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Bowers Breeland Brown G. Canty Carnell Clyburn Cobb-Hunter Cooper Davenport Delleney Gamble Govan Hayes Hines M. Howard Inabinett Jennings Kelley Kennedy Lanford Lee Lloyd Mack Maddox McCraw McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Sheheen Smith F. Smith J. Stuart Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cotty Dantzler Easterday Edge Emory Fleming Gilham Hamilton Harrell Harris Harvin Hawkins Hines J. Hinson Keegan Kirsh Koon Law Leach Loftis Lourie Martin McGee Meacham Neal J.M. Neilson Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith D. Smith R. Tripp Trotter Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to adjourn.
Rep. ROBINSON continued speaking.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. KENNEDY proposed the following Amendment No. 12 (Doc Name GGS\AMEND\22390MM99), which was tabled.
Amend the bill, as and if amended, by striking SECTIONS 15 and 16, page 23, in their entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KENNEDY explained the amendment.
Rep. ALTMAN moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Bales Barfield Barrett Beck Brown H. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harris Hawkins Hinson Howard Kelley Koon Law Leach Loftis Martin Meacham Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Sharpe Simrill Smith D. Smith J. Smith R. Stuart Taylor Tripp Trotter Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bowers Breeland Clyburn Cobb-Hunter Delleney Emory Govan Harvin Hines J. Hines M. Inabinett Kennedy Kirsh Lanford Lee Lloyd Lourie Mack McLeod W. Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Rhoad Scott Sheheen Smith F. Whipper
So, the amendment was tabled.
Rep. HARVIN proposed the following Amendment No. 13 (Doc Name DKA\AMEND\3601MM99), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 4-35-150 of the 1976 Code, as added by Act 99 of 1993, is amended to read:
"Section 4-35-150. The improvements as defined in Section 4-35-30 are the sole and unrestricted property of the county must be owned by the county, the State, or another public entity for the benefit of the citizens and residents of the improvement district or the entity owning the improvement, and may at any time may be removed, altered, changed, or added to, as the governing body of the owner may determine if except that during the continuance or maintenance of the improvements, the special assessments on property may be utilized for the preservation, operation, and maintenance of the improvements and facilities provided in the improvement plan, for the management and operation of the improvement district as provided in the improvement plan, and for payment of indebtedness incurred." /
Renumber sections to conform.
Amend title to conform.
Rep. HARVIN explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 13 was out of order in that it was not germane to the Bill.
Rep. HARVIN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. WALKER proposed the following Amendment No. 2 (Doc Name PSD\AMEND\7564AC99), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. A. Section 12-43-224 of the 1976 Code is amended to read:
"Section 12-43-224. Notwithstanding the requirement that real property is required by law to be appraised at fair market value for ad valorem tax purposes, when undeveloped acreage is surveyed into subdivision lots and the conditional or final plat is recorded with the appropriate county official, the county assessor shall appraise each lot as an individual property and then discount his gross actual market value estimate of the developer's lot holdings under the following conditions:
1. The discount rate shall include only:
(a) typical interest rate as charged by developers within the county to purchasers of lots when the purchase is financed by the developer or, in the absence of financing by the developer, the typical interest rate charged by local savings & loan institutions for mortgages on new homes.
(b) the effective tax rate for the tax district that the lots are located in.
2. The developer has ten or more unsold lots within the homogeneous area on the December 31 tax control date.
3. The assessor shall determine a reasonable number of years for the developer to sell the platted lots, however the estimate shall not exceed seven years.
Each of these components shall be based on identifiable factors in determining "The Present Worth of Future Benefits" based on the discounting process.
Platted lots shall not come within the provisions of this section unless the owners of such real property or their agents make written application therefore on or before May 1st of the tax year in which the multiple lot ownership discounted value is claimed.
The application for the discounted value shall be made to the assessor of the county in which the real property is located, upon forms provided by the county and approved by the commission and a failure to so apply shall constitute a waiver of the discounted value for that year market value for property tax purposes of the lots and residences constructed thereon shall continue to be their value as undeveloped acreage until the date the lot is sold or the residence is certified for occupancy, whichever occurs first."
B. Upon approval by the Governor, this section is effective for property tax years beginning after 1998. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. SHEHEEN raised a Point of Order that Amendment No. 2 was out of order under Rule 9.3 in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following was received from the Senate.
Columbia, S.C., June 2, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 591:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
and asks for a Committee of Conference and has appointed Senators McConnell, Ravenel and Hutto of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. DAVENPORT, LOFTIS and BOWERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. QUINN moved that the House recur to the morning hour, which was agreed to.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
S. 887 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 22, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 25, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. D. SMITH explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate returned to the House with amendments the following:
H. 3498 (Word version) -- Reps. Lourie, J. Smith, Campsen, Lee, Davenport, Taylor, Kirsh, Leach, Loftis, Maddox, Allen, Klauber, W. McLeod, Breeland, Pinckney, J. Brown, Wilder, Parks, Hawkins, Rutherford, Lucas, Neilson, McMahand, Harrison, Quinn, Mack, Phillips, McCraw, F. Smith, Cato, Battle, R. Smith, Moody-Lawrence, Simrill, Robinson, Hamilton, Easterday, Rice, Delleney, Bales, Bowers, Rhoad, Wilkes, M. McLeod, Knotts, McGee, Canty, Townsend, Stille, Rodgers, Gourdine, Hinson, Riser, Bailey, Jennings, Harris, Neal, Hayes, Barfield, Scott, Sandifer, Howard and Seithel: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 117 SO AS TO ENACT THE "PRESCRIPTION INFORMATION PRIVACY ACT" WHICH PROHIBITS PATIENT PRESCRIPTION DRUG INFORMATION FROM BEING TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE PATIENT, AND TO PROVIDE EXCEPTIONS AND PENALTIES.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
S. 708 -- COMMITTED TO THE JUDICIARY COMMITTEE
The Senate amendments to the following Bill were taken up for consideration:
S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; BY ADDING SECTION 16-3-1600, SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610, SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER SIXTEEN YEARS OF AGE TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620, SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT; TO AMEND SECTION 16-15-375, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL ACTIVITY INCLUDES TOUCHING ONE'S SELF OR ANOTHER PERSON IN AN ACT OF APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; TO AMEND SECTION 20-4-40, RELATING TO PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT CHARGE A FEE FOR FILING A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES FOR WHICH A PERSON MUST REGISTER.
The SPEAKER, citing House Rule 4.8, committed the Bill to the Judiciary Committee.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report with amendments on:
H. 4190 (Word version) -- Rep. Rice: A HOUSE RESOLUTION TO REQUEST THE CLERK OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO INSTALL AN ELECTRICAL SWITCH MECHANISM THAT WOULD ILLUMINATE THE LAMPS ON THE HOUSE DESK WHEN THE MACE IS PLACED IN ITS RACK ON THE ROSTRUM IN FRONT OF THE SPEAKER BY THE SERGEANT AT ARMS AT THE BEGINNING OF EACH SESSION.
Ordered for consideration tomorrow.
Rep. HINSON, from the Berkeley Delegation, submitted a favorable report with amendments on:
S. 684 (Word version) -- Senators Grooms and Mescher: A BILL TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
On motion of Rep. HINSON, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 684 (Word version) -- Senators Grooms and Mescher: A BILL TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Reps. HINSON, LAW, GOURDINE, H. BROWN and DANTZLER proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11465DW99), which was adopted.
Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read:
/SECTION ____. A. Notwithstanding any other provision of law or any provision of this act, the Berkeley County Board of Elections and Registration shall conduct a referendum to be placed on the ballot at the next countywide election, general election, special election, or referendum held for any purpose. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expense of the referendum must be borne by the school district.
B. The question to be voted upon the referendum shall read substantially as follows:
"Must a special one percent sales and use tax be imposed in Berkeley County for not more than twenty years in order to raise funds which will be applied to pay debt service on the general obligation bond authorized for the school district by the May 1999 referendum?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
C. Upon receipt of the returns of the referendum, the election commission shall, by resolution, declare the results of it and shall file the resolution with the Berkeley County Clerk of Court. The resolution shall also be filed with the South Carolina Department of Revenue. The results of the referendum, as declared by resolution of the election commission and as filed with the clerk of court, are not open to question except by a civil action instituted within twenty days of the filing of it.
D. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in SECTION 4 of this act; otherwise, the tax is not imposed.
E. Upon certification of the referendum results, Subsections A through C of this Section are repealed. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following was introduced:
H. 4229 (Word version) -- Rep. Kelley: A HOUSE RESOLUTION TO ESTABLISH A STATE RETIREMENT STUDY COMMITTEE CONSISTING OF MEMBERS APPOINTED BY THE CHAIRMAN OF THE HOUSE WAYS AND MEANS COMMITTEE TO CONDUCT A COMPREHENSIVE STUDY OF NEW AND EXISTING RETIREMENT BENEFITS FOR ALL STATE EMPLOYEES, AND TO PROVIDE THAT THE COMMITTEE'S FINDINGS MUST BE REPORTED TO THE HOUSE OF REPRESENTATIVES NO LATER THAN OCTOBER 15, 1999, AT WHICH TIME IT SHALL BE DISSOLVED.
The Resolution was ordered referred to the Committee on Ways and Means.
The following was introduced:
H. 4230 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION RECOGNIZING THE NEED TO ASSIST PERSONS WHO ARE LEGALLY BLIND IN ATTAINING MORE EFFECTIVE AND EFFICIENT ACCESS TO TELEPHONE SERVICES, AND URGING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO INCLUDE LEGALLY BLIND PERSONS IN ITS STATEWIDE PROGRAM PROVIDING TELEPHONE SERVICES TO PERSONS WITH SPEECH AND HEARING IMPAIRMENTS AND TO INCLUDE A REPRESENTATIVE OF SUCH PERSONS IN ANY ADVISORY COMMITTEE ON THESE TELECOMMUNICATION SERVICES.
The Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4231 (Word version) -- Rep. Robinson: A CONCURRENT RESOLUTION TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO THE TRANSFER OF CERTAIN FUNDS APPROPRIATED TO THE OFFICE OF APPELLATE DEFENSE TO THE OFFICE OF INDIGENT DEFENSE FOR DEPOSIT INTO THE DEATH PENALTY TRIAL FUND.
The Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
H. 4232 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL "SILVER FOXES" BOYS TRACK TEAM ON WINNING THE CLASS A BOYS STATE TRACK AND FIELD CHAMPIONSHIP FOR 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4233 (Word version) -- Reps. Jennings, Barfield and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-25 SO AS TO PROHIBIT A CHIROPRACTOR FROM PERFORMING A SPINAL MANIPULATION OR ADJUSTMENT UNLESS HE HAS UNDERGONE AT LEAST FIVE HUNDRED HOURS OF CLASSROOM INSTRUCTION AND AT LEAST SEVEN HUNDRED HOURS OF SUPERVISED CLINICAL TRAINING IN SPINAL MANIPULATION OR ADJUSTMENT, AND TO PROVIDE LICENSE SANCTIONS FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 4234 (Word version) -- Rep. Martin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NOT CONDUCT VEGETATION MANAGEMENT OF THE MEDIANS, ROADSIDES, AND INTERCHANGES PURSUANT TO SECTION 57-23-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALONG THE STATE'S SEGMENT OF INTERSTATE 85 AND ITS OFFICIALLY DESIGNATED SPURS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 888 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE UNTIMELY DEATH OF WILLIAM FLOYD, AFTER YEARS OF DEVOTED SERVICE AS CHAIRMAN OF ANDERSON COUNTY COUNCIL AND AS AN EDUCATOR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate returned to the House with concurrence the following:
H. 3416 (Word version) -- Reps. Rodgers, Lloyd, Chellis, Clyburn, Kelley, Altman, Sandifer, Gilham, Harris, Kennedy, Martin, Seithel, Taylor, Hayes, McGee, Ott, Stuart, Neilson, Stille, Davenport, R. Smith, Wilkins, Dantzler, Gourdine, Beck, Riser, Bowers, Barrett, Young-Brickell, Hinson, Jennings, Whipper, Phillips, Lucas and Knotts: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A PURPLE HEART HIGHWAY AS A MEANS OF HONORING COMBAT-WOUNDED VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART MEDAL, TO ERECT APPROPRIATE MARKERS OR SIGNS TO INDICATE THIS, AND TO REQUEST THE GOVERNOR OF THIS STATE TO ISSUE A PROCLAMATION ESTABLISHING THE PURPLE HEART HIGHWAY ON FEBRUARY 22, 2000, AND DIRECTING THE ASSISTANCE OF THE DEPARTMENT OF VETERANS AFFAIRS, THE DEPARTMENT OF TRANSPORTATION, AND OTHER STATE AGENCIES AS MAY BE IN ORDER TO PROVIDE ASSISTANCE IN THE DEDICATION AND ESTABLISHMENT OF THE HIGHWAY.
H. 4200 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. CECIL ARNOLD FOR HIS OUTSTANDING SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY LIONS CLUB.
H. 4201 (Word version) -- Reps. Howard, Neal, J. Brown, Breeland, T. Brown, Canty, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Inabinett, Kennedy, Lee, Lloyd, Mack, McMahand, Moody-Lawrence, Parks, Pinckney, Rutherford, Scott, F. Smith and Whipper: A CONCURRENT RESOLUTION DESIGNATING JULY 25, 1999, "BROOKLAND BAPTIST CHURCH DAY", TO RECOGNIZE THE EFFORTS OF THE REVEREND CHARLES B. JACKSON, SR., THE CHURCH'S PASTOR, AND THE EFFORTS OF HIS CONGREGATION TO SPREAD THE GOSPEL THROUGHOUT SOUTH CAROLINA AND THIS NATION AS THEY DEDICATE THEIR NEW EDIFICE IN WEST COLUMBIA, SOUTH CAROLINA.
H. 4207 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION CONGRATULATING ORANGEBURG-WILKINSON HIGH SCHOOL SENIORS, MS. KIZZI STALEY, MS. TIFFANY BOCHETTE, MR. JULIAN ALSTON, AND MR. BENJAMIN SINGLETON ON RECEIVING STATE, NATIONAL, AND INTERNATIONAL RECOGNITION FOR THEIR ARTISTIC TALENTS.
H. 4211 (Word version) -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION COMMENDING BURNHAM H. "BILL" PERRY, SR., OF ROCK HILL ON BEING NAMED "1999 OUTSTANDING STATE EMPLOYEE".
H. 4213 (Word version) -- Reps. Emory and J.M. Neal: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MS. BETTY GILLIAM OF LANCASTER COUNTY FOR HER THIRTY-NINE YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND EXTENDING BEST WISHES TO HER FOR HAPPINESS FOLLOWING HER RETIREMENT.
H. 4216 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THE REVEREND HENRY ADDISON, SR., OF BISHOPVILLE.
H. 4217 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JAMES DIZZLEY OF BISHOPVILLE.
H. 4218 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION CONGRATULATING DOROTHY L. SATTERWHITE OF NEWBERRY COUNTY ON RECEIVING THE "OUTSTANDING STATE RETIREE" AWARD FROM THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
H. 4219 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION HONORING AND RECOGNIZING S.C. ALTMAN OF NEWBERRY FOR HIS OUTSTANDING ACHIEVEMENTS AND CONTRIBUTIONS AND FOR HIS DEDICATED AND DISTINGUISHED LEADERSHIP SERVICE TO THE CITY AND COUNTY OF NEWBERRY, THE STATE OF SOUTH CAROLINA, AND THE UNITED STATES OF AMERICA.
H. 4220 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO CHIEF LEWIS McCARTY, CHIEF DEPUTY AND SECOND IN COMMAND IN THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT, ON THE OCCASION OF HIS RETIREMENT, AND TO EXPRESS THE MEMBERS' GRATITUDE THAT CHIEF McCARTY HAS DEDICATED HIS PROFESSIONAL LIFE TO LAW ENFORCEMENT AND HAS SPENT THIRTY-SIX YEARS IN THIS CAREER SO IMPORTANT TO THE CITIZENS OF LEXINGTON COUNTY AND THE STATE OF SOUTH CAROLINA.
H. 4221 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MR. H. E. "BOBBY" AVENT OF BENNETTSVILLE ON THE OCCASION OF THE MARLBORO COUNTY AIRPORT BEING NAMED IN HIS HONOR AS THE "H. E. AVENT MARLBORO COUNTY JETPORT" AND EXTENDING THE DEEPEST APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HIM FOR HIS MANY CONTRIBUTIONS TO MARLBORO COUNTY AND THE STATE OF SOUTH CAROLINA.
H. 4222 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. LEONARD WALTER "COACH" PINKNEY, SR., UPON HIS DEATH.
H. 4223 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO RECOGNIZE STEPHEN ALAN IMBEAU, M.D., OF FLORENCE COUNTY, IMMEDIATE PAST PRESIDENT OF THE SOUTH CAROLINA MEDICAL ASSOCIATION, FOR HIS OUTSTANDING CONTRIBUTIONS AND ACCOMPLISHMENTS IN THE FIELDS OF MEDICINE AND HUMANITY.
H. 4224 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE THE FORTY YEARS OF DISTINGUISHED EMPLOYMENT OF MRS. FANNIE W. WATSON WITH THE LEE COUNTY DEPARTMENT OF SOCIAL SERVICES, THE LAST TWENTY-THREE YEARS AS THE DIRECTOR OF THE COUNTY OFFICE, AND TO WISH HER GODSPEED IN HER WELL DESERVED RETIREMENT.
Rep. HASKINS moved that the house do now adjourn, which was adopted.
At 6:25 P.M. the House in accordance with the motion of Rep. WOODRUM adjourned in memory of Claude Odell Odom, Jr. of Sumter, to meet at 10:00 A.M. tomorrow.
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