Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words from the last address of Samuel to his people, Chapter 12 (vv. 23b-25):
"I will instruct you in the good and the right way. Only fear the
Lord, and serve Him faithfully with all your heart; for consider what great things He has done for you. But if you still do wickedly, you shall be swept away, both you and your king."
Let us pray.
Almighty God, our Father in Heaven, You have put us in this world of the flesh.
So much of our worry in this world stems from a clash of our sterling idealism as Your children and the false philosophies and the raw, hard realities of mankind's daily struggle for survival.
Forbid that we neither forsake our ideals nor become discouraged because we cannot achieve them in a day.
Give us the sense of both a world-view and a long-view, remembering both the promises and the warnings of the Spirit along the way.
Instruct us, O Lord, as Samuel said, in the "good and right way."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Tracy K. Davis, 105 Thrush Lane, Summerville, S.C. 29485 VICE Larry R. Kennedy
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Joseph W. Cunningham, Jr., 103 Fairway Dr., Summerville, S.C. 29483 VICE Charlene C. Snowden
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Raymond McMillan, 304 Hudson Rd., St. George, S.C. 29477
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Victor Glenn Stephens, 102 Sears Street, St. George, S.C. 29477
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Patrick J. Murphy, 9989 Dorchester Rd., Summerville, S.C. 29485 VICE Larry R. Kennedy
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Troy Guerard Knight, 105 Springhouse Lane, Summerville, S.C. 29483
Senator ALEXANDER introduced Dr. Jim Pruitt of Seneca, S.C., Doctor of the Day.
At 10:34 A.M., Senator SETZLER requested a leave of absence for next Thursday, April 29, 1999, from 11:45 until 1:30 P.M.
At 5:15 P.M., Senator O"DELL requested a leave of absence until 10:00 A.M. Saturday, April 24, 1999.
At 10:05 P.M., Senator ELLIOTT requested a leave of absence beginning at 2:00 P.M. on Thursday, April 29, 1999, and lasting until 2:00 P.M. on Friday, April 30, 1999.
At 10:05 P.M., Senator ELLIOTT requested a leave of absence from 8:00 A.M. - 2:00 P.M. on Saturday, May 8, 1999.
H. 3742 (Word version) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
Senator PEELER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator PEELER asked unanimous consent to give the Resolution a second reading and ordered it placed on the third reading Calendar.
There was no objection.
On motion of Senator PEELER, with unanimous consent, H. 3742 was ordered to receive a third reading on Friday, April 23, 1999.
H. 3661 (Word version) -- Rep. Howard: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 24, 1999, BY THE STUDENTS OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator PATTERSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
Senator PATTERSON asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator PATTERSON asked unanimous consent to give the Resolution a second reading and order it placed on the third reading Calendar.
There was no objection.
The Resolution was read the second time and ordered on the third reading Calendar.
On motion of Senator PATTERSON, with unanimous consent, H. 3661 was ordered to receive a third reading on Friday, April 23, 1999.
S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled and ordered placed on the second reading Calendar.
S. 36 (Word version) -- Senators Waldrep, Elliott, Ryberg and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-20-25 SO AS TO REQUIRE A PERSON SERVING IN AN OFFICE ELECTED BY THE GENERAL ASSEMBLY WHO IS NOT SEEKING REELECTION TO GIVE WRITTEN NOTICE OF SUCH TO THE JOINT COMMITTEE FOR THE REVIEW OF CANDIDATES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator WALDREP proposed the following amendment (JUD0036.001), which was adopted:
Amend the bill, as and if amended, page 1, line 31, in Section 2-20-25, as contained in SECTION 1, by striking line 31 in its entirety and inserting therein the following:
/ filing for that office or if the notice is withdrawn and the person seeks reelection, the joint committee may reopen or extend, as /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
The following were introduced:
S. 750 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-530 SO AS TO REQUIRE ALL CERTIFIED EMPLOYEES AT A PUBLIC MIDDLE OR HIGH SCHOOL AND ALL CERTIFIED SCHOOL DISTRICT EMPLOYEES TO TEACH ONE COURSE ONE SEMESTER EACH SCHOOL YEAR, TO PROVIDE EXCEPTIONS, AND TO DIRECT THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS ESTABLISHING EXEMPTIONS.
Read the first time and referred to the Committee on Education.
S. 751 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 60-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE DEPARTMENT.
Read the first time and referred to the Committee on Education.
S. 752 (Word version) -- Senator Rankin: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE IN THE SELECTED RESERVE OF ANY OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE, TO PROHIBIT THE ESTABLISHMENT OF SUCH SERVICE, INCLUDING ACTIVE DUTY SERVICE THAT OVERLAPS WITH STATE RETIREMENT SYSTEM SERVICE CREDIT, AND TO DELETE THE FORMER RESTRICTIONS APPLICABLE TO DUPLICATION OF BENEFITS FOR NATIONAL GUARD SERVICE.
Read the first time and referred to the Committee on Finance.
S. 753 (Word version) -- Senators Martin and Giese: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 754 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-1-60 SO AS TO PROVIDE THAT, IF AN OWNER OF PROPERTY PRESENTS CERTIFIED DOCUMENTATION FROM THE LIENHOLDER TO THE CLERK OF COURT, THE CLERK OF COURT SHALL ISSUE AN ADMINISTRATIVE ORDER REMOVING THE LIEN AND REVISE RECORDS NECESSARY TO CORRECT THE ERROR.
Read the first time and referred to the Committee on Judiciary.
S. 755 (Word version) -- Senator Bryan: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES, AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A MENTAL HEALTH FACILITY; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, RELATING TO THE RESTRAINT, SECLUSION, OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44-23-1100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 44-22-100; AND TO REPEAL SECTION 44-23-50.
Read the first time and referred to the Committee on Medical Affairs.
S. 756 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-270 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR ANY OTHER AGENCY FROM REQUIRING HEPATITIS "B" VACCINATIONS UNLESS THERE IS AN IMPENDING PUBLIC HEALTH CRISIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PUBLISH A BROCHURE ON THE NATURE OF HEPATITIS AND HOW IT IS CONTRACTED.
Read the first time and referred to the Committee on Medical Affairs.
S. 757 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 42, SO AS TO ENACT THE "SOUTH CAROLINA VACATION RENTAL ACT" TO PROVIDE APPROPRIATE REGULATORY GUIDELINES FOR PERSONS AND BUSINESSES ENGAGED IN THE RENTING OR MANAGING OF RESIDENTIAL PROPERTIES FOR VACATION PURPOSES.
Read the first time and on motion of Senator ELLIOTT, with unanimous consent, ordered placed on the Calendar without reference.
S. 758 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.
Read the first time and on motion of Senator PATTERSON, with unanimous consent, ordered placed on the Calendar without reference.
S. 759 (Word version) -- Invitations Committee: A SENATE RESOLUTION TO WELCOME THE HONORABLE PETER BEATTIE, THE PREMIER OF THE AUSTRALIAN STATE OF QUEENSLAND, ON THE OCCASION OF HIS VISIT TO THE PALMETTO STATE FOR THE PURPOSE OF SIGNING A MEMORANDUM OF UNDERSTANDING WITH SOUTH CAROLINA COVERING TRADE, ECONOMIC DEVELOPMENT, AND A SISTER-STATE RELATIONSHIP, AND TO EXTEND TO HIM THE PRIVILEGE OF THE FLOOR OF THE SENATE ON WEDNESDAY, MAY 12, 1999, BETWEEN THE HOURS OF 11 A.M. AND NOON FOR THE PURPOSE OF ADDRESSING THE SENATE AND RECEIVING A COPY OF THIS RESOLUTION.
Senator COURSON spoke on the Resolution.
The Resolution was adopted.
H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Read the first time and referred to the Committee on Judiciary.
H. 3324 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE THE BRIDGE ON S.C. 52 NORTH OF CHERAW IN CHESTERFIELD COUNTY AS THE "GILBERT 'GIL' FRANKLIN HALMA BRIDGE."
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".
The Concurrent Resolution was introduced.
Senator REESE asked unanimous consent to make a motion that the Concurrent Resolution be taken up for immediate consideration and adopted.
Senator PASSAILAIGUE objected.
Senator BRYAN asked unanimous consent to make a motion that the Concurrent Resolution be placed on the local Calendar.
Senator PASSAILAIGUE objected.
The Concurrent Resolution was referred to the Committee on Transportation.
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
Read the first time and referred to the Committee on Judiciary.
H. 3591 (Word version) -- Reps. Koon, R. Smith, Sharpe and Riser: A JOINT RESOLUTION TO PROVIDE FOR A THREE-YEAR PILOT PROGRAM IN ALL GAME ZONES OF THE STATE TO SHORTEN THE HUNTING SEASON FOR RACCOONS TO A PERIOD FROM THANKSGIVING DAY THROUGH MARCH 1; TO ALLOW HUNTING WITH DOGS ONLY FOR THE REMAINDER OF THE YEAR; AND TO IMPOSE A MINIMUM FINE OF FIVE HUNDRED DOLLARS FOR A PERSON VIOLATING THESE PROVISIONS, WITH EIGHTY PERCENT OF THE FINE RETAINED BY THE DEPARTMENT OF NATURAL RESOURCES AND USED FOR LAW ENFORCEMENT AND TWENTY PERCENT OF THE FINE FORWARDED TO THE APPROPRIATE GAME FUND IN THE COUNTY IN WHICH THE VIOLATION OCCURRED.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. 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, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3939 (Word version) -- Reps. D. Smith and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON AUGUST 20 AND 21, 1998, BY THE STUDENTS OF CANNONS ELEMENTARY SCHOOL IN SPARTANBURG SCHOOL DISTRICT THREE FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO CONSTRUCTION DEFICIENCIES IN A NEW FACILITY ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and on motion of Senator REESE, with unanimous consent, ordered placed on the Calendar without reference.
H. 3959 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL IN ORANGEBURG COUNTY ON WINNING THE STATE 1999 CLASS AAA BOYS BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3961 (Word version) -- Rep. Emory: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING THE BROTHERHOOD ORGANIZATION OF FIRST WASHINGTON BAPTIST CHURCH OF LANCASTER FOR ITS "1999 MEN'S DAY OBSERVANCE" SCHEDULED FOR SUNDAY, APRIL 25, 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3962 (Word version) -- Reps. Koon, Riser, Gamble, 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, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF COLONEL CLARENCE E. STUART OF PELION AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.
Ordered for consideration tomorrow.
On motion of Senator PEELER, with unanimous consent, S. 139 was ordered to receive a second reading, with notice of general amendments on Friday, April 23, 1999.
Senator COURSON from the Committee on Invitations polled out S. 716 favorable:
S. 716 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 717 favorable:
S. 717 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3899 favorable:
H. 3899 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. 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, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, 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 DECLARE MAY, 1999, AS STROKE AWARENESS MONTH IN SOUTH CAROLINA AND TO URGE ALL CITIZENS TO EDUCATE THEMSELVES REGARDING THE RISK FACTORS FOR STROKE AND HEART DISEASE AND TO RECOGNIZE THE SIGNS AND SYMPTOMS OF THESE CONDITIONS.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Child Evangelism Fellowship of South Carolina to attend a buffet breakfast in Room 221 Blatt Bldg. on Thursday, April 29, 1999, from 8:15 until 9:30 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Department of Parks, Recreation and Tourism to attend a luncheon on the State House grounds on Tuesday, May 4, 1999, upon adjournment and lasting until 2:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Transportation Policy and Research Council to attend a reception at Clarion Town House on Tuesday, May 4, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Association of Realtors to attend a breakfast at Capital City Club on May 5, 1999, from 7:30 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from AT&T to attend a reception at Rosewood Ballroom at the State Fairgrounds on Wednesday, May 5, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from The Citadel Alumni Association to attend a Barbeque at the Cantey Building at the Fairgrounds on Tuesday, May 11, 1999, from 6:30 until 10:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Dairy Association for ice cream on the south side of the State House grounds on Wednesday, May 12, 1999, from 10:00 A.M. until 3:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Beer Association to attend a reception at Riverbanks Botanical Gardens on Wednesday, May 12, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the American Heart Association to attend a breakfast in Room 221 Blatt Bldg. on Thursday, May 13, 1999, from 8:00 until 10:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Society of the Plastics Industry, American Plastics Council, and South Carolina Plastics Industry Council to attend a reception at Stadium Center on Tuesday, May 18, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from South Carolina Youth in Government to attend a luncheon at the Adam's Mark Hotel on Wednesday, May 19, 1999, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Independent Insurance Agents of South Carolina to attend the 100th anniversary reception at the Embassy Suites Hotel on Wednesday, May 19, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Columbia, S.C., April 22, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Very respectfully,
Speaker of the House
Received as information.
S. 27 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
The House returned the Bill with amendments.
On motion of Senator LEVENTIS, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 737 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE PALMETTO STATE'S "FIRST LADY OF RACING" ON THE NASCAR CIRCUIT, MS. LOUISE SMITH OF GREENVILLE COUNTY, AND TO EXTEND THEIR SINCERE CONGRATULATIONS ON HER INDUCTION INTO THE INTERNATIONAL MOTORSPORTS HALL OF FAME ON APRIL 22, 1999.
Returned with concurrence.
Received as information.
S. 738 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DEATH OF MRS. REBECCA JOHNSON RICHBURG OF CLARENDON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3919 (Word version) -- Reps. Vaughn, Allison, F. Smith, Cato, Davenport, Easterday, Hamilton, Haskins, Hawkins, Lanford, Leach, Lee, Littlejohn, Loftis, McMahand, Rice, D. Smith, Tripp, Walker and Wilkins: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD TWO NEW AREAS TO THE TERRITORY OF THE AUTHORITY.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 670 (Word version) -- Senator Elliott: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF DEER NEAR RESIDENCES SO AS TO PROVIDE THAT A LANDOWNER HUNTING ON HIS OWN LAND, HIS LICENSEE, OR A PERSON TAKING DEER PURSUANT TO A DEPARTMENT PERMIT ARE EXEMPT FROM THE PROHIBITION AGAINST HUNTING WITHIN THREE HUNDRED YARDS OF A RESIDENCE.
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. 741 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR READING AND MATHEMATICS IN GRADE 11 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 743 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO USE AND DISSEMINATION OF TEST RESULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2368, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
S. 745 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM, MINIMUM STANDARDS OF STUDENT ACHIEVEMENT FOR GRADES 1, 2, 3, 6, AND 8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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 Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (591R001.GFM), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 11 through 16 and inserting in lieu thereof the following:
/ In order for a site specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study required in subsection (C) justify its implementation. In reaching a decision on the study results, the department, the Department of Natural Resources, and the Environmental Protection Agency must base their decisions on the greater weight of the scientific evidence taken as a whole." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 747 (Word version) -- Senator Washington: A BILL TO AMEND ACT 340 OF 1967, AS LAST AMENDED BY ACT 936 OF 1970, RELATING TO THE CHARLESTON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO ESTABLISH NINE NUMBERED SEATS WITHIN THREE ELECTION DISTRICTS FOR THE CHARLESTON SCHOOL BOARD OF TRUSTEES, TO REQUIRE A MEMBER ELECTED TO A SEAT TO BE A RESIDENT OF THE ELECTION DISTRICT WHERE THE SEAT IS ESTABLISHED, TO PROVIDE FOR ELECTIONS, TO ABOLISH CONSTITUENT SCHOOL DISTRICTS; TO PROVIDE FOR PRECLEARANCE SUBMISSION OF THE ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE; AND TO PROVIDE FOR THE TRANSFER OR APPROVAL AUTHORITY OVER THE DISTRICT'S ANNUAL TAX LEVY FROM THE COUNTY LEGISLATIVE DELEGATION TO THE COUNTY COUNCIL.
S. 725 (Word version) -- Senators Holland, Courtney, Glover and Ryberg: A BILL TO AMEND SECTIONS 20-7-420, 20-7-1315 AND 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDINGS; TO AMEND SECTIONS 20-1-220, 20-3-235, 20-7-853, 20-7-854, 20-7-949, 20-7-957, 20-7-1295, 44-7-77, 44-63-75, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT AND SUPPORT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT AND SUPPORT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS; TO AMEND SECTIONS 20-7-942 AND 20-7-945, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS; TO AMEND SECTION 20-7-1130, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEED'S UNDER ESTABLISHED LOCAL PROCEDURES; TO AMEND SECTION 43-5-585, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; TO AMEND SECTION 43-5-598, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS.
S. 206 (Word version) -- Senators J. Verne Smith, Elliott, Hayes, Leventis, McGill, Waldrep, Washington, Fair, Reese, Alexander, Leatherman, Martin, Grooms, Branton, Giese and Russell: A BILL TO AMEND SECTION 61-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS CONCERNING THE SALE OF ALCOHOLIC BEVERAGES TO MINORS OVER THE INTERNET; TO AMEND SECTION 61-2-175, RELATING TO A FOREIGN ENTITY INTENTIONALLY SHIPPING BEER, WINE, OR ALCOHOLIC LIQUORS DIRECTLY TO A RESIDENT NOT HOLDING A VALID STATE LICENSE, SO AS TO ELIMINATE THE ISSUANCE OF A NOTICE TO CEASE AND DESIST AND TO PROVIDE A FINE FOR CONVICTION ON A FIRST OFFENSE; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER AND WINE TO MINORS, SO AS TO INCLUDE IN THE DEFINITION OF SALE BY MEANS OF THE INTERNET; TO AMEND ARTICLE 5, CHAPTER 4 OF TITLE 61, RELATING TO THE PRODUCERS AND WHOLESALERS OF BEER AND WINE, SO AS TO ADD SECTION 61-4-360 WHICH PROVIDES A SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND SECTION 61-4-730, RELATING TO THE SALE OF DOMESTIC WINE, SO AS TO PROVIDE THE SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPPING OF IMPORTED LIQUORS, SO AS TO PROVIDE THE SHIPPING CONTAINER MUST BE CLEARLY LABELED TO INDICATE IT MUST NOT BE DELIVERED TO A MINOR; TO AMEND ARTICLE 7, CHAPTER 6 OF TITLE 61, RELATING TO THE IMPORTATION OF ALCOHOLIC LIQUORS, SO AS TO ADD SECTION 61-6-2990 WHICH PROHIBITS THE USE OF THE INTERNET TO ADVERTISE OR SOLICIT ORDERS FOR ALCOHOLIC LIQUORS NOT AUTHORIZED BY LAW; TO AMEND SECTION 61-6-4080, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCLUDE IN THE DEFINITION OF SALE BY MEANS OF THE INTERNET; TO AMEND SECTION 20-7-8920, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OF BEER AND WINE BY MINORS, SO AS TO INCLUDE IN THE DEFINITION OF PURCHASE BY MEANS OF THE INTERNET; AND TO AMEND SECTION 20-7-8925, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OF ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCLUDE IN THE DEFINITION OF PURCHASE BY MEANS OF THE INTERNET.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0206.001), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 9, by striking SECTION 2 in its entirety.
Amend the bill further, as and if amended, page 6, beginning on line 3, in Section 20-7-8920, as contained in SECTION 9, by striking lines 3 through 5 and inserting therein the following:
/ Act 383 of 1996 and as amended by Act 1 of 1999 is further amended by adding an appropriately numbered subsection to read: /
Amend the bill further, as and if amended, page 6, beginning on line 11, in Section 20-7-8925, as contained in SECTION 10, by striking lines 11 through 13 and inserting therein the following:
/ Act 383 of 1996 and as amended by Act 1 of 1999 is further amended by adding an appropriately numbered subsection to read: /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0250.001), which was adopted:
Amend the bill, as and if amended, page 3, line 25, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee." /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0704.001), which was adopted:
Amend the bill, as and if amended, page 2, line 38, in Section 23-6-210(D), as contained in SECTION 1, by striking line 38 in its entirety and inserting therein the following:
/ (D) The course of training required in subsection (B) does not /.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 729 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT, IF THE NUMBER OF QUALIFIED CANDIDATES OFFERING FOR ELECTION IS EQUAL TO THE NUMBER OF EXISTING VACANCIES, THEN THE CANDIDATES MUST BE DEEMED ELECTED WITHOUT AN ELECTION BEING HELD.
On motion of Senator BRYAN, S. 729 was ordered to receive a third reading on Friday, April 23, 1999.
S. 742 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GIFTED AND TALENTED PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2280, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 746 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO PROVIDE THAT A COUNTY ELECTION COMMISSION MAY ESTABLISH MULTIPLE POLLING PLACES WITHIN A PRECINCT UNDER CERTAIN CONDITIONS AND WITHIN CERTAIN LIMITATIONS.
S. 749 (Word version) -- Senator Passailaigue: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE TO EXTEND INDIVIDUAL INCOME TAX RETURN AND INDIVIDUAL INCOME TAX PAYMENT DUE DATES FOR MILITARY PERSONNEL SERVING IN OPERATION ALLIED FORCE, TO PROVIDE FOR THE WAIVER OF PENALTIES AND INTEREST DURING THESE SPECIAL EXTENSIONS, AND TO SUSPEND COLLECTION ACTIVITIES WITH RESPECT TO THESE TAXPAYERS UNTIL THEIR RETURN.
(By prior motion of Senator PASSALAIGUE, with unanimous consent)
H. 3829 (Word version) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: A BILL TO AMEND SECTION 43-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE GLEAMNS HUMAN RESOURCES COMMISSION, SO AS TO PROVIDE THAT COMMISSION MEMBERS MUST BE APPOINTED BY THE GOVERNING BODIES OF THE COUNTIES PARTICIPATING IN THE COMMISSION.
S. 85 (Word version) -- Senators Thomas and Giese: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER OF THE GOSPEL, OR TWO PERSONS FOR BOTH HIS COUNSEL AND A MINISTER OF THE GOSPEL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (85R001.dlt), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 24-3-550 of the 1976 Code, as last amended by Act 24 of 1997, is further amended to read:
"Section 24-3-550. (A) To carry out an execution properly, the executioner and necessary staff must be present at the execution. In addition, the following persons may be present:
(1) three representatives, approved by the director, of the family of a victim of the crime for which a death penalty was imposed, provided, that, if there is more than one victim, the director may reduce the number of family representatives to one representative for each victim's family; provided, further, that, if there are more than two victims, the director may restrict the total number of victims' representatives present in accordance with the space limitations of the Capital Punishment Facility;
(2) the solicitor, or an assistant solicitor designated by the solicitor, for the county where the offense occurred;
(3) a group of not more than three representatives of the South Carolina media, one of whom must represent the dominant wire service, one of whom must represent the print media, and one of whom must represent the electronic news media; and
(4) the chief law enforcement officer, or an officer designated by the chief, from the law enforcement agency that had original jurisdiction in the case.; and
(B)(5) the counsel for the convict and a minister of the gospel may be present., but the convict may substitute one person for either his counsel or a minister of the gospel, or two persons for both his counsel and a minister of the gospel.
(B) Other than those persons specified in subsection (A), no other person is authorized to witness an execution.
(C) The department shall promulgate regulations to govern the selection of media representatives.
(D) Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution.
(E) For security purposes, the director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility." /
Renumber sections to conform.
Amend title to conform.
Senator GIESE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 618 (Word version) -- Senators Moore and Waldrep: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Committee on Corrections and Penology proposed the following amendment (618R005.dlt), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-2-100. (A) For purposes of this chapter 'facility' means any institution or facility of the South Carolina Department of Corrections and the forensic unit at the South Carolina Department of Mental Health.
(B) 'Ombudsman' means the Inmate Health Care Ombudsman who is appointed by the Governor, upon advice and consent of the Senate, who works out of the Office of the Governor, and who is required to investigate allegations or reports of a lack of medical services for inmates in state facilities.
(C) 'General hospital or general clinic' means a location providing medical services outside of a facility.
(D) 'Department' means the South Carolina Department of Corrections.
Section 24-2-110. (A) The Inmate Health Care Ombudsman is required to investigate any problem or complaint relative to health care or mental health care on behalf of any interested party or any inmate of any facility. In carrying out the investigation, the ombudsman may request and shall receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include, but are not limited to, medical records of a facility hospital or facility clinic or any general hospital or clinic in which an inmate has been treated during the period under investigation. The department, facility hospitals or facility clinics, and general hospitals or general clinics must release the inmate's medical records to the ombudsman upon the ombudsman's written request without the necessity of inmate authorization. The ombudsman shall also have access to any and all records of an inmate, including, but not limited to, records of conviction, probation eligibility, parole eligibility, discipline, grievance, and administrative or classification records. The ombudsman shall not have access to any records pertaining to a crime victim or witness. Any files maintained by the ombudsman shall be disclosed in the ombudsman's report, at the discretion of the ombudsman, except that the identity, disease, or illness of any inmate of any facility shall not be disclosed by such ombudsman unless:
(1) the inmate, or his or her legal representative, consents in writing to disclosure; or disclosure is required by court order.
(B) Following the investigation the ombudsman may issue his or her report and recommendations as, in his or her opinion, will assist in improving the provision of medical care and health services in the facility under investigation.
(C) The ombudsman may meet with any inmate within the department and endeavor to assist any inmate alleging insufficiency or improper provision of health care or mental health care services by the department. The ombudsman shall have access to all correctional institutions of the department, at any time, and without prior notice, unless the safety of the ombudsman would be endangered due to an institutional emergency.
(D) The ombudsman must complete an initial evaluation of the complaint or allegation within ten working days after the receipt of the allegation or complaint from an inmate. The final report on the finding of the investigation of the allegation must be completed within thirty days of the receipt of the allegation.
Section 24-2-120. All departments, officers, and employees of the State shall cooperate with the ombudsman in carrying out his or her duties pursuant to this chapter.
Section 24-2-130. Any person, including, but not limited to, prison guards, correctional officers, doctors, internists, nurses, nurses aides, or orderlies, required or permitted to report pursuant to this chapter or who participate in judicial proceedings resulting therefrom, and acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings, good faith shall be rebuttably presumed.
Section 24-2-140. This chapter does not apply to a prison, jail, or detention center operated by a county or municipality.
Section 24-2-150. (A) The Inmate Health Care Ombudsman is authorized to receive and investigate reports of refusal to provide health care services or improper provision of health care services in state facilities.
(B) The ombudsman is authorized to receive and investigate reports or allegations of inadequate or improper health care services occurring in state facilities to determine whether the report or allegation is unfounded. A finding of a lack of health care services or improper provision of medical services must be supported by a preponderance of the evidence available to the ombudsman. The determination by an ombudsman that insufficient or improper health care services exist in a state facility may be appealed by the Department of Corrections to the Administrative Law Judge Division.
(C) The ombudsman shall promulgate regulations consistent with this chapter and these regulations shall cover, at a minimum, investigation of reports, notice to the facilities and sponsoring agencies or departments, and remedial action.
(D) The ombudsman is authorized to require the State Law Enforcement Division to receive and investigate reports or allegations of a lack of inmate health care alleged to have occurred in any facility, entity, or prison operated by the Department of Corrections. The State Law Enforcement Division may promulgate regulations consistent with this chapter to investigate an ombudsman's report and to take remedial action, if necessary.
(E) The ombudsman may initiate proceedings in the circuit court to enjoin the operations of a facility in order to force immediate injunctive relief or corrective action to remedy insufficient or improper inmate health care.
(F) Notwithstanding the provisions of subsection (A) or any other provision of this chapter, the ombudsman may not investigate an allegation of the insufficient or improper provision of inmate health care when the inmate is in the custody of a private, county or municipal correctional facility, correctional institution, jail, prison, or detention center operated exclusively by a county, municipality, or a joint county-municipal detention center venture. Any allegations of lack of health care services in other than state facilities must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43 and Chapter 38, Title 43."
SECTION 2. This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 126 (Word version) -- Senators Passailaigue and Elliott: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WITHIN FIFTEEN DAYS OF THE RETURN OF A TRUE BILL OF AN INDICTMENT BY A GRAND JURY FOR A CRIME WHEREIN THE VICTIM WAS EXPOSED TO BLOOD OR VAGINAL OR SEMINAL OR OTHER BODY FLUIDS OR SECRETIONS OF THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER THE SOLICITOR SHALL MAKE A MOTION AND THE COURT SHALL ORDER THAT THE ALLEGED OFFENDER OR THE ALLEGED JUVENILE OFFENDER SHALL BE TESTED FOR HEPATITIS B AND ALL SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND TO PROVIDE THAT THE RESULTS OF SUCH TESTING BE REVEALED ONLY TO THE VICTIM, THE VICTIM'S PARENT(S) OR LEGAL GUARDIAN(S) OR REPRESENTATIVE OR ATTORNEY UNTIL THE ALLEGED OFFENDER OR ALLEGED JUVENILE OFFENDER IS CONVICTED OR ADJUDICATED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0126.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-3-740 of the 1976 Code is amended to read:
"Section 16-3-740. (A) Within fifteen days of the conviction of a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section 16-3-651 or sexual conduct as defined in Section 16-3-800, the solicitor shall make a motion, and the court shall order that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS).
(B) Within fifteen days of the conviction of any person or adjudication of a juvenile under state law for a criminal offense, other than those offenses provided for in Section 16-15-255, where the victim has been exposed to blood or vaginal, seminal, or other body fluids of the convicted offender, upon motion of the solicitor or upon the court's own motion, the court may order that the convicted offender be tested for Hepatitis B and all sexually transmitted diseases, including Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). (A) For purposes of this section:
(1) 'Body fluid' means blood, amniotic fluid, pericardial fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen or vaginal secretions, or any body fluid visibly contaminated with blood.
(2) 'HIV' means the human immunodeficiency virus.
(3) 'Offender' includes a person under seventeen years of age.
(B) Upon the request of a victim who has been exposed to body fluids during the commission of a criminal offense, or upon the request of the legal guardian of a victim who has been exposed to body fluids during the commission of a criminal offense, the solicitor must, at any time after the offender is charged, or at any time after a petition has been filed against an offender in family court, petition the court to have the offender tested for Hepatitis B and HIV. An offender must not be tested under this section for Hepatitis B and HIV without a court order. To obtain a court order, the solicitor must demonstrate the following:
(1) the victim or the victim's legal guardian requested the tests;
(2) there is probable cause that the offender committed the offense;
(3 ) there is probable cause that during the commission of the offense there was a risk that body fluids were transmitted from one person to another; and
(4) the offender has received notice of the petition and notice of his right to have counsel represent him at a hearing.
The results of the tests must be kept confidential and disclosed only to the solicitor who obtained the court order. The solicitor shall then notify only those persons designated in subsection (C).
(C) The tests must be administered by the local public health authority Department of Health and Environmental Control through the local county health department or the medical professional at the prison or juvenile detention center state or local detention facility where the convicted offender or adjudicated juvenile offender is imprisoned or detained. The If the tests are performed prior to conviction or adjudication, the results of the tests must be reported only to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the tests obtained the court order. The solicitor shall notify the following persons of the tests results:
(1) the victim or the parent or legal guardian of a victim who is a minor or is mentally retarded or mentally incapacitated;
(2) the victim's attorney;
(3) and the convicted sexual offender or adjudicated juvenile offender and the a juvenile offender's parent or guardian of the tests results ; and
(4) the offender's attorney.
The results of the tests shall be provided to the designated recipients with the following disclaimer: 'The tests were conducted in a medically approved manner, but tests cannot determine infection by Hepatitis B or HIV with absolute accuracy. Additionally, the testing does not determine exposure to or infection by other sexually transmitted diseases. Persons receiving the tests results should continue to monitor their own health, seek retesting in approximately six months, and should consult a physician as appropriate'.
The solicitor also shall provide to the Department of Corrections, or Department of Juvenile Justice state or local correctional facility where the offender is imprisoned or detained and the Department of Health and Environmental Control the test results for HIV and Hepatitis B, and other sexually transmitted diseases which indicate that the offender or adjudicated juvenile offender is infected with the disease and the results of a Human Immunodeficiency Virus test which indicate that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice state or local correctional facility where the offender is imprisoned or detained shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while the offender is imprisoned or detained incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The State convicted offender or adjudicated juvenile offender shall pay for the tests. If the offender is subsequently convicted or adjudicated delinquent, the offender or the parents of an adjudicated offender must reimburse the State for the costs of the tests unless the offender or the parents of the adjudicated offender are determined to be indigent unless the offender is indigent, in which case the cost of the tests must be paid by the State.
If the tests given pursuant to this section indicate exposure to a sexually transmitted disease, infection by Hepatitis B, or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus HIV, the Department of Health and Environmental Control shall be provided with all tests results and must provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease, syndrome, or virus. The Department of Health and Environmental Control must also provide testing and counseling for the victim at the victim's request, and referral for appropriate health care and support services.
(D) At the request of the victim or the victim's legal guardian, the court may order a follow-up HIV test and counseling for the offender if the initial HIV test was negative. The follow-up test and counseling shall be performed on dates that occur six weeks, three months, and six months following the initial test. An order for a follow-up test shall be terminated if the offender obtains an acquittal on, or dismissal of, all charges for which testing was ordered.
(E) If, for any reason, the testing requested under subsection (B) has not been undertaken, upon request of the victim or the victim's legal guardian, the court shall order the offender to undergo testing for Hepatitis B and HIV following conviction or delinquency adjudication. The testing shall be administered by the Department of Health and Environmental Control through the local county health department or the medical professional at the state or local detention facility where the offender is imprisoned or detained. The results shall be disclosed in accordance with the provisions of subsection (C).
(F) Upon a showing of probable cause that the offender committed a crime, the collection of additional samples, including blood, saliva, head or pubic hair, may be contemporaneously ordered by the court so that the State may conduct scientific testing, including DNA analysis. The results of the scientific testing, including DNA analysis, may be used for evidentiary purposes in any court proceeding.
(G) Any person or entity who administers tests ordered pursuant to this section and who does so in accordance with this section and accepted medical standards for the administration of these tests shall be immune from civil and criminal liability arising from his conduct.
(H) Any person who discloses information in accordance with the provisions of this section or who participates in any judicial proceeding resulting from the disclosure and who does so in good faith and without malice shall have immunity from civil or criminal liability that might otherwise be incurred or imposed in an action resulting from the disclosure.
(I) Results of tests performed pursuant to this section shall not be used as evidence in any criminal trial of the offender except as provided for in subsection (F)."
SECTION 2. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION 3. Section 16-15-255 is repealed.
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING OR PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM SUCH ACTIVITY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0470.001), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING OR PEEPING; TO FURTHER PROHIBIT A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, AND TO DEFINE THE TERM "VOYEURISM"; TO FURTHER PROHIBIT THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; TO DEFINE A "PLACE OF REASONABLE EXPECTATION OF PRIVACY", "SURVEILLANCE", AND "VIEW"; TO FURTHER PROVIDE CRIMINAL PENALTIES FOR CONVICTIONS OF VOYEURISM AND THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-470 of the 1976 Code is amended to read:
"Section 16-17-470. (A) It is unlawful for a person to be an eavesdropper or a Peeping Tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a Peeping Tom. The term 'Peeping Tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term 'Peeping Tom' also includes any person who employs the use of video or audio equipment for the purposes set forth in this subsection but shall not include law enforcement performing surveillance for official investigative purposes. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.
(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, videotapes, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned not more than five years, or both; or
(C) It is unlawful for a person who commits the crime of voyeurism to sell or to distribute any recording, videotape, or film of another person taken or made in violation of this section. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars, not more than five thousand dollars, or imprisoned not more than ten years, or both.
(D) As used in this section:
(1) 'Place where a person would have a reasonable expectation of privacy' means:
(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or
(b) a place where one would reasonably expect to be safe from casual or hostile intrusion or surveillance.
(2) 'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.
(3) 'View' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(E) This section does not apply to:
(1) viewing, photographing, videotaping, or filming by personnel of the Department of Corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the Department of Corrections or a county, municipal, or local jail or detention center or correctional facility;
(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments; or
(3) any official law enforcement activities conducted pursuant to Section 16-17-480.
(F) In addition to any other punishment prescribed by this section or other provision of law, any person procuring video or audio recordings in violation of this section shall immediately forfeit all copies of such recordings. These copies must be destroyed when no longer required for evidentiary purposes."
SECTION 2. This act takes effect upon approval by the Governor. /
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 505 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-23-210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR OFFENSES INVOLVING WEAPONS, SO AS TO CLARIFY THE DEFINITION OF MILITARY FIREARM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0505.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 23-31-310 (g) of the 1976 Code is amended to read:
"(g) 'Military firearm' means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government and does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3158 (Word version) -- Reps. Campsen, Knotts, R. Smith, Loftis, Barfield, Tripp, Altman, Wilder, Easterday, Edge, Leach, Harrison, Robinson, Wilkins, J. Brown, Miller, Hamilton, Barrett, Rice, Cato, J. Smith, Delleney, Gilham, Lourie, Rhoad, Bailey, Sharpe, Kirsh, Bales, Jennings, M. Hines, Neilson, Kennedy, Ott, Cobb-Hunter, Hayes, Gourdine, J. Hines, Inabinett, Breeland, Lee, Moody-Lawrence, F. Smith, McMahan, Mack, Maddox, Riser, Simrill and Sandifer: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3158.001), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 14, in Section 1-32-45, as contained in SECTION 1, by striking Section 1-32-45 in its entirety and inserting therein the following:
/ Section 1-32-45. (A) For purposes of this chapter, a state or local correctional facility's regulation shall be considered 'in furtherance of a compelling state interest' if the facility demonstrates that the religious activity:
(1) sought to be engaged in by a prisoner is presumptively dangerous to the health or safety of that prisoner; or
(2) poses a direct threat to the health, safety, or security of other prisoners, correctional officials, or the public.
(B) A state or local correctional facility regulation may not be considered the 'least restrictive means' of furthering a compelling state interest if a reasonable accommodation can be made to protect the safety or security of prisoners, correctional officials, or the public. /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
On motion of Senator ANDERSON, with unanimous consent, the Bill was carried over.
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
On motion of Senator DRUMMOND, with unanimous consent, the Joint Resolution was carried over.
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.
On motion of Senator THOMAS, with unanimous consent, the Bill was carried over.
At 10:57 A.M., on motion of Senator DRUMMOND, the Senate receded from business until 11:15 A.M.
At 11:15 A.M., the Senate resumed.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3696, THE GENERAL APPROPRIATION BILL.
H. 3696--GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Amendment No. 111
Senators HUTTO and HOLLAND proposed the following Amendment No. 111 (JUD3696.003.DOC), which was adopted (#32):
Amend the bill, as and if amended, Part II, SECTION 11, page 539, beginning on line 24, in Section 56-5-2990(B), by striking lines 24 through 29 in their entirety and inserting therein the following:
/ "Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall begin at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. /
Amend the bill further, as and if amended, Part II, SECTION 11, page 540, by striking line 31 in its entirety and inserting therein the following:
/ C. Section 56-5-2951(L), (M), (N), (O), and (P) of the 1976 Code, as last amended by Act 434 of 1998, are further amended to read:
"(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (K) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue the services of the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress toward the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be attending or have completed an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 before his driving privilege can be restored at the conclusion of the suspension period.
(M) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(M) (N) The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(N) (O) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(O) (P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(P) (Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions."
D. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator DRUMMOND spoke on the Bill.
At 11:37 A.M., Senator DRUMMOND asked unanimous consent to make a motion that, at 1:30 P.M., no further amendments to the General Appropriation Bill be received on the Desk for consideration, with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk.
There was no objection and the motion was adopted.
Senator THOMAS proposed the following Amendment No. 59 (3464MM99.DOC), which was tabled:
Amend the bill as and if amended, Part II, beginning on page 576, by striking SECTION 67 and inserting:
TO AMEND SECTION 58-15-2110, OF THE 1976 CODE, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; AND TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE.
A. Section 58-15-2110 of the 1976 Code is amended to read:
"Section 58-15-2110. (A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads which are now or hereafter shall be crossed at grade by a public highway shall construct and maintain grade crossings meeting the requirements of the authorities responsible for such highways. This shall apply to crossings necessary for new highways, as well as to crossings needed to replace existing crossings rendered obsolete or unnecessary by the relocation or improvement of existing highways or roads.
A railroad must maintain access for a private landowner who has a private road over a crossing, and the railroad may not block or impede a landowner's ingress and egress in connection with his land.
(B) The involved railroad shall be responsible for all costs associated with construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the railroad. Such railroad-initiated projects shall include, but are not limited to, constructing a new line, adding an additional track to an existing line, and relocating an existing rail line.
(C) The public authority responsible for a highway crossing a railroad track or tracks shall reimburse the involved railroad for all costs that railroad incurs by virtue of construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the public authority. A public authority is limited to the State Department of Transportation, which is required to reimburse the railroad for Department of Transportation authorized projects from within the funds appropriated to the Department of Transportation by the General Assembly. Such public authority-initiated projects are limited to constructing a new highway, widening an existing highway, and relocating an existing highway."
B. Section 58-15-2120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-15-2120. In case of grade crossings of state highways over such railroads, the Department of Transportation, after due notice to the railroad, corporation, or operator, and hearing the railroad or operator involved, if application is made for such a hearing within ten days after receipt of the notice and after finding that the public safety, convenience, or necessity require it, shall have the power to specify the character of the grade crossings, and the operator of the railroad shall, at its own expense, construct and maintain the crossings to meet the specifications of the Department of Transportation; provided, however, that the power to specify the character of grade crossings granted in this section shall not extend beyond five feet on either side of the center line of the track; provided, further, that the Department of Transportation shall have the power, in matters relating to such grade crossings, now pending or hereafter arising, to enter into such agreements with operators of railroads pertaining to the construction thereof as in its judgment may be to the best interest of the State, and to agree to pave the area across the tracks after the area is otherwise prepared for paving by the operator of the railroad. The Department of Transportation, with the advice and consent of the Attorney General, may waive any and all claims for penalties now existing, upon entry into such agreements." /
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Senator THOMAS explained the amendment.
Senator LAND spoke on the amendment.
Senator ELLIOTT argued in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator ELLIOTT moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Branton Cork Courson Courtney Drummond Ford Giese Glover Holland Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Ravenel Russell Saleeby Setzler Washington
Alexander Bauer Bryan Elliott Fair Grooms Hayes Leatherman Martin Mescher Peeler Reese Ryberg Smith, J. Verne Thomas Waldrep Wilson
The amendment was laid on the table.
Senators SALEEBY, LAND, HUTTO and COURTNEY proposed the following Amendment No. 84 (BD022.DOC), which was carried over and subsequently adopted (#57):
Amend the bill, as and if amended, Part II, page 578-579, by striking Section 69 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND raised a Point of Order that Section 69 of Part II of the General Appropriation Bill was out of order inasmuch as it was not germane to the Bill.
Senators PEELER, McCONNELL, and LEATHERMAN spoke on the Point of Order.
On motion of Senator LAND, with unanimous consent, the Point of Order was withdrawn.
Senator SALEEBY spoke on the amendment.
Senator HAYES moved to lay the amendment on the table.
Senator LAND renewed the Point of Order that Section 69 of Part II was out of order inasmuch as it was not germane to the Bill.
Senator BRYAN spoke on the Point of Order.
The PRESIDENT took the Point of Order under advisement.
The amendment was carried over pending a ruling from the PRESIDENT.
The PRESIDENT subsequently overruled the Point of Order.
Senator HUTTO proposed the following Amendment No. 91 (15615HTC99.DOC), which was adopted (#33):
Amend the bill, as and if amended, Part II, Permanent Provisions, page 581, by striking Section 73 and inserting:
TO AMEND SECTION 12-6-3385 OF THE 1976 CODE RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT SO AS TO REVISE THE NUMBER OF CREDIT HOURS NECESSARY FOR THE TUITION TAX CREDIT FROM FIFTEEN CREDIT HOURS A SEMESTER TO THIRTY CREDIT HOURS A YEAR, TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSES IS ONLY INELIGIBLE FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION OCCURRED, AND TO AMEND SECTION 59-149-90 RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSES IS ONLY INELIGIBLE FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION OCCURRED.
A. Section 12-6-3385(B)(3) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least fifteen thirty credit hours a semester each year, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degree seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
( i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug related misdemeanor offenses is only ineligible for the taxable year in which the adjudication occurred;
(f) who is in good standing at the institution attended;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient."
B. Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship., except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug related misdemeanor offenses is only ineligible for one calendar year after the adjudication occurred." /
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Senator HUTTO explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 24A (DKA\3430MM99), which was adopted (#34):
Amend the bill, as and if amended, subsection A of SECTION 87, PART II, page 603, line 10, by striking /Section 5, Act 531 of 1994/ and inserting / Section 1, Act 111 of 1997 /.
Amend further, subsection B of SECTION 87, PART II, page 606, line 16, by striking /Act 523 of 1992/ and inserting:
/ Section 2, Act 111 of 1997 /;
and on line 19, by deleting /$2,544,525,375.10/ and inserting:
/ $2,146,199,526.10 $2,445,265,475.10 /.
Renumber sections to conform.
Amend totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators ALEXANDER, GIESE, GROOMS, HOLLAND, HUTTO, JACKSON, MARTIN, McCONNELL, McGILL, O'DELL, PATTERSON, RANKIN, RAVENEL, REESE, RUSSELL, RYBERG, SALEEBY, THOMAS, MOORE and LEATHERMAN proposed the following Amendment No. 93 (MVFEES.DOC), which was adopted (#35A):
Amend the bill, as and if amended, Part II, page 602, line 35, by adding a new appropriately numbered SECTION to read as follows:
TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION AND LICENSING FEES SO AS TO INCREASE THE FEES ASSOCIATED WITH DELINQUENT REGISTRATION AND LICENSING OF A MOTOR VEHICLE AND TO AUTHORIZE THE DEPARTMENT TO RETAIN ANY ADDITIONAL MONIES COLLECTED FOR THE PURPOSE OF PROVIDING A BUILDING FUND FOR THE DEPARTMENT.
A. Section 56-3-840 of the 1976 Code is amended to read:
"Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the department a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days five dollars. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of ten fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of twenty-five seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.
A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.
All monies collected pursuant to Section 56-3-840, not to exceed 2.7 million dollars or the actual revenues collected in fiscal year 1998-99, whichever is less, must be held in reserve for the department. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the Office of the State Treasurer and called the 'Department of Public Safety Building Fund'. The department must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters building, including the renovation of existing facilities. All monies credited to the special account that exceed the funds necessary for the purposes authorized in this Section must be used for other capital projects throughout the state. Projects other than the construction or purchase of a new headquarters building, including the expansion or renovation to the existing facility, must be approved by a joint resolution. The cost of a headquarters building must not exceed thirty million dollars."
B. This act takes effect upon approval by the Governor.
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Senator ALEXANDER explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 139 (AIKEN.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part II, Section 87, page 604, line 2, by striking:
/ 3,000,000 / and inserting: / 3,200,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator J.VERNE SMITH proposed the following Amendment No. 16A (MFC020.DOC), which was adopted (#37):
Amend the bill, as and if amended, Part II, Section 87, p. 603, by striking lines 13 and 14.
Amend further, Part II, Section 87, p. 604, after line 23, by adding an appropriately lettered item to read:
/( ) Greenville Technical College
Education Center 7,500,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator PATTERSON proposed the following Amendment No. 2B (3696R324.KP), which was adopted (#38):
Amend the bill, as and if amended, Part II, by adding a new SECTION at the end to read:
TO AMEND SECTION 1-11-720 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
A. Section 1-11-720(A) of the 1976 Code is amended by adding appropriately numbered items at the end to read:
( ) the South Carolina State Employees' Association;
( ) the Palmetto State Teachers' Association;
( ) the South Carolina Education Association;
( ) the South Carolina Association of School Administrators;
( ) the South Carolina School Boards Association; and
( ) the South Carolina Student Loan Corporation."
B. This section takes effect July 1, 1999. /
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Senator PATTERSON explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator WASHINGTON proposed the following Amendment No. 3 (3696R402.MW), which was adopted (#39) but subsequently reconsidered and withdrawn:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 6-4-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF REVENUE DERIVED FROM THE COLLECTION OF ACCOMMODATION TAXES, SO AS TO DEFINE THE PHRASE "HIGH CONCENTRATION OF TOURISM ACTIVITY."
Be it enacted by the General Assembly of the State of South Carolina:
A. Section 6-4-10 of the 1976 Code is amended to read:
"Section 6-4-10. The funds received by a municipality or a county in county areas collecting more than fifty thousand dollars from the local accommodations tax provided in Section 12-36-2630(3) must be allocated in the following manner:
(1) The first twenty-five thousand dollars must be allocated to the general fund of the municipality or county and is exempt from all other requirements of this chapter.
(2) Five percent of the balance must be allocated to the general fund of the municipality or county and is exempt from all other requirements of this chapter.
(3) Thirty percent of the balance must be allocated to a special fund and used for advertising and promotion of tourism to develop and increase tourist attendance through the generation of publicity. To manage and direct the expenditure of these tourism promotion funds, the municipality or county shall select one or more organizations, such as a chamber of commerce, visitor and convention bureau, or regional tourism commission, which has an existing, ongoing tourist promotion program. If no organization exists the municipality or county shall create an organization with the same membership standard in Section 6-4-25. To be eligible for selection the organization must be organized as a nonprofit organization and shall demonstrate to the municipality or county that it has an existing, ongoing tourism promotion program or that it can develop an effective tourism promotion program. Immediately upon an allocation to the special fund, a municipality or county shall distribute the tourism promotion funds to the organizations selected or created to receive them. Before the beginning of each fiscal year, an organization receiving funds from the accommodations tax from a municipality or county shall submit for approval a budget of planned expenditures. At the end of each fiscal year, an organization receiving funds shall render an accounting of the expenditure to the municipality or county which distributed them.
(4)(a) The remaining balance plus earned interest received by a municipality or county must be allocated to a special fund and used for tourism-related expenditures. This section does not prohibit a municipality or county from using accommodations tax general fund revenues for tourism-related expenditures.
(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
'Tourism-related expenditures' include:
1. advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
2. promotion of the arts and cultural events;
3. construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
4. the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
5. public facilities such as restrooms, dressing rooms, parks, and parking lots;
6. tourist shuttle transportation;
7. control and repair of waterfront erosion;
8. operating visitor information centers.
(c) Allocations to the special fund must be spent by the municipality or county within two years of receipt. If the allocations are not spent within two years, the municipality or county is subject to the provisions of Section 6-4-30(6). However, the time limit may be extended upon the recommendation of the county or municipality and approval of the South Carolina Accommodations Tax Oversight Committee in Section 6-4-30. An extension must include provisions that funds be committed for a specific project or program.
(d) In the expenditure of these funds, counties and municipalities are required to promote tourism and make tourism-related expenditures primarily in the geographical areas of the county or municipality in which the proceeds of the tax are collected where it is practical.
(e) For purposes of this section, a county or municipality has a 'high concentration of tourism activity' if:
1. at least nine hundred thousand dollars in accommodation taxes is annually collected in the county area in which the county or municipality is located annually; or
2. the ratio of the amount of dollars of accommodation taxes annually collected in the county area to the population of the county, based upon the 1990 census, is at least four dollars in accommodation taxes collected for every one resident of the county."
B. This section takes effect on July 1, 1999. /
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Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 5A (3696C004.ELP), which was adopted (#40):
Amend the bill, as and if amended, Part II, page 606, after line 27, by adding a new SECTION to read:
TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
A. Section 12-6-40(A) of the 1976 Code, as last amended by Act 268 of 1998, is further amended to read:
"Section 12-6-40(A). 'Internal Revenue Code' mean the Internal Revenue Code of 1986 as amended through December 31, 1997 1998, and includes the effective date provisions contained therein."
B. This section takes effect for tax years beginning after 1998. /
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Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senators WILSON, LEVENTIS, BRANTON, HAYES and RUSSELL proposed the following Amendment No. 9 (GJK\ 20581HTC99), which was tabled:
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, Page 606, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 9-1-1140, 9-9-50, AND 9-11-50, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE IN THE SELECTED RESERVE OF ANY OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE.
A. The third unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"Any member with two or more years of creditable service shall receive additional creditable service for the period of his military service at the rate of one year of military service for each one year of his creditable service excluding any period of creditable military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. No member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard or in the selected reserve of any of the reserve components of the armed forces of the United States; provided, however, that to establish creditable service for national guard or reserve service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment also applies to credit established for service in the national guard or reserve, and national guard or reserve service may not be established for periods of service credited or creditable in any retirement system provided in this title. Any former employee of the United States employed in this State by an employer covered by the system, and who is currently a contributing member, may elect to receive prior service credit for service rendered as an employee of the United States upon his paying into the system the actuarial cost as determined by the board. The member payment may not be less than twelve percent of the earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. A member who elects to receive creditable service for federal employment may establish a portion of the service on a one-time basis. This service may not exceed the total creditable service, exclusive of federal service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. In no event may any benefits payable under the system duplicate benefits being paid under any retirement system for the same period of service."
B. Section 9-9-50(4) of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service, at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and upon paying to the system, by a single payment before his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his becoming a member of the General Assembly, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his earnable compensation at the time he first became a member of the system. No member shall receive credit for more than six years of military service. Military service includes service in the national guard or in the selected reserve of any of the reserve components of the armed forces of the United States; provided, however, that to establish creditable service for national guard or reserve service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment for each year of service credited. The prohibition on duplication of benefits applicable to credit established for federal employment pursuant to Section 9-1-1140 also applies to credit established for service in the national guard or reserve, and national guard or reserve service may not be established for periods of service credited or creditable in any retirement system provided in this title."
C. Section 9-11-50(4) of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to December 31, 1975, may not be considered creditable service. Active military duty includes service in the national guard or in the selected reserve of any of the reserve components of the armed forces of the United States; provided, however, that to establish creditable service for national guard or reserve service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard or reserve, and national guard or reserve service may not be established for periods of service credited or creditable in any retirement system under this title."
D. This section takes effect July 1, 1999, and applies with respect to military service established in the state retirement systems on or after that date. /
Renumber sections to conform.
Senator WILSON spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 10 (3447MM99.DOC), which was adopted (#41):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-43-220, AS AMENDED, OF THE 1976 CODE, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO RETAINS THAT ASSESSMENT RATIO, THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE, AND THE HOMESTEAD EXEMPTION, IF APPLICABLE, FOR THE ENTIRE YEAR IN WHICH THE OWNERSHIP OR USE OF SUCH PROPERTY CHANGES AND TO MAKE CONFORMING AMENDMENTS.
A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"(c)(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, and additional dwellings located on the same property and occupied by immediate family members of the owner of the interest, are taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence for a tax year.
(2)(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during the applicable tax year. and remain in that status at the time of filing the application required by this item. A residence which has been qualified as a legal residence for any part of the year is entitled to the four percent assessment ratio provided in this item for the entire year, for the exemption from property taxes levied for school operations pursuant to Section 12-37-251 for the entire year, and for the homestead exemption under Section 12-37-250, if otherwise eligible, for the entire year.
(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:
'Under penalty of perjury I certify that:
(A) the residence which is the subject of this application is my legal residence and where I am domiciled; and
(B) that neither I nor any other member of my household own any other residence in South Carolina which currently receives the owner-occupant four percent assessment ratio is residing in or occupying any other residence in South Carolina which I or any member of my immediate family have qualified for the special assessment ratio allowed by this section.'
(iii) For purposes of subitem (ii)(B) of this item, 'a member of my household' means:
(A) the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and
(B) any child of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return.
(iv) In addition to the certification, the burden of proof for eligibility for the four percent assessment ratio is on the owner-occupant and the applicant must provide proof the assessor requires including, but not limited to:
(A) a copy of the owner-occupant's most recently filed South Carolina individual income tax return;
(B) copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner-occupant.;
(C) other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this item.
If the assessor determines the owner-occupant ineligible, the six percent property tax assessment ratio applies and the owner-occupant may appeal the classification as provided in Chapter 60 of this title.
(v) A member of the armed forces of the United States on active duty who is a legal resident of and domiciled in another state is nevertheless deemed a legal resident and domiciled in this State for purposes of this item if the member's permanent duty station is in this State. A copy of the member's orders filed with the assessor is considered proof sufficient of the member's permanent duty station.
(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership or use occurs, another application is required. The owner the owner who had qualified for the special assessment ratio allowed by this section shall notify the assessor of any the change in classification within six months of the change. Another application is required by the new owner to qualify the residence for future years for the four percent assessment ratio allowed by this section. If a change in ownership occurs and the new owner does not qualify for the four percent assessment ratio, the six percent assessment ratio shall apply to the property only for the portion of the tax year in which the property is owned by the new owner. For the portion of the tax year in which the person qualifying for the four percent assessment ratio owned the property, the four percent assessment ratio shall apply.
(vii) If a person signs the certification, obtains the four percent assessment ratio, and is thereafter found not eligible, or thereafter loses eligibility and fails to notify the assessor within six months, a penalty is imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.
(viii) Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing before the first penalty date.
(3) Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes overpaid because the property was eligible for the legal residence assessment ratio. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable.
(4) A legal residence qualifying for the four percent assessment ratio provided by this item must have an assessed value of not less than one hundred dollars.
[Subparagraph (5) effective for property tax years beginning after 1998.]
(5) To qualify for the four percent assessment ratio, the owner-occupant of a legal residence that is being purchased under a contract for sale or a bond for title must record the contract for sale or the bond for title in the office of the register of mesne conveyances or the clerk of court in those counties where the office of the register of mesne conveyances has been abolished.
For purposes of this subsection, a contract for sale or a bond for title is the sale of real property by a seller, who finances the sale and retains title to the property solely as security for the debt."
B. This section is effective July 1, 1999, for property tax years beginning after 1998. /
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Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senators WILSON, BAUER, RYBERG and SETZLER proposed the following Amendment No. 21 (PSD\7387HTC99), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, Page 606, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 2-7-60, OF THE 1976 CODE, RELATING TO THE STATE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT APPROPRIATIONS FOR EDUCATION IN GRADES K-12 MUST BE CONSIDERED AND APPROPRIATED FIRST IN THE ANNUAL GENERAL APPROPRIATIONS ACT BEFORE ANY OTHER APPROPRIATIONS MAY BE MADE OR CONSIDERED AND TO PROVIDE EXCEPTIONS.
Section 2-7-60 of the 1976 Code is amended to read:
"Section 2-7-60. The General Assembly shall annually shall provide for all expenditures in the general appropriation appropriations act and the appropriations made for any department, institution, board, or commission shall be in a definite sum for each purpose or activity with such itemization under the activity as may be deemed necessary by the General Assembly.
After mandatory replenishments of the state general reserve and capital reserve funds and appropriations for debt service in any fiscal year, appropriations for education in grades K-12 of whatever type and from whatever source of funds must be considered and appropriated first before any other appropriations may be made or considered." /
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Senator WILSON explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HOLLAND proposed the following Amendment No. 46 (3696R302.DHH), which was adopted (#42):
Amend the bill, as and if amended, Part II, page 606, by adding after line 27 the following new SECTION:
TO AMEND SECTION 58-3-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE COMPENSATED AT A RATE EQUAL TO THE EMPLOYMENT SECURITY COMMISSION.
A. Section 58-3-70 of the 1976 Code is amended to read:
"Section 58-3-70. The chairman and members of the commission shall receive annual salaries which are set at a rate equal to the salaries paid to the chairman and members of the Employment Security Commission and which are payable in the same manner as the salaries of other state officers are paid."
B. This act takes effect July 1, 1999. /
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Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 48 (3696M.001.TLM), which was adopted (#43):
Amend the Senate Finance Committee Report, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.
A. Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-187. Costs associated with events and meetings at colleges, universities, and technical colleges honoring or recognizing students, distinguished guests, faculty, and employees may be paid by the institution. The institution's governing board shall establish policies for the expenditure of funds for these events and meetings. The expenditure of monies under the limits of these written policies are deemed to meet the public purpose test for the expenditure of public funds." /
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Senator MOORE explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 54 (3455MM99.DOC), which was adopted (#44):
Amend the bill as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-4-320, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMISSIVE POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR THE PRESCRIPTION OF TEMPORARY RULES IN THE EVENT OF DAMAGE CAUSED BY WAR, TERRORISM, OR NATURAL DISASTER OR HAZARDOUS MILITARY DUTY.
A. 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 Stated 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 natural 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."
B. This section takes effect July 1, 1999. /
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Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators LEVENTIS, COURSON, HUTTO, CORK, RAVENEL, HAYES and THOMAS proposed the following Amendment No. 61 (3465MM99.DOC), which was adopted (#45):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR HABITAT MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; AND TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO PROVIDE FOR THE DESIGNATION BY THE DEPARTMENT OF NATURAL RESOURCES OF CERTAIN LAND AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES.
A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3520. (A) There shall be allowed as a tax credit against the income tax liability of a taxpayer an amount equal to fifty percent of the costs incurred by the taxpayer for habitat management or construction and maintenance of improvements on real property that are made to land as described in Section 50-15-55(B) and which meets the requirements of regulations promulgated by the Department of Natural Resources pursuant to Section 50-15-55(B). For purposes of this section, 'costs incurred' means those monies spent or revenue foregone for habitat management or construction and maintenance, but does not include revenue foregone as increases in land values or speculative costs related to development.
(B) All costs must be incurred on land that has been designated as a certified management area for endangered species enumerated in Section 50-15-40 or for nongame and wildlife species determined to be in need management under Section 50-15-30.
(C) The tax credit allowed by this section must be claimed in the year that such costs are incurred as provided for in subsection (B). The credit established by this section taken in one year may not exceed fifty percent of the taxpayer's income tax liability for that year. If the amount of the credit exceeds the taxpayer's income tax liability for that taxable year, the taxpayer may carry forward any excess for up to ten years.
(D) If during any taxable year the landowner voluntarily chooses to leave the agreement made concerning the certified areas after taking the tax credit, then the tax payer's tax liability for the current taxable year must be increased by the full amount of any credit claimed in prior years with respect to the property.
(E)(1) An 'S' corporation or partnership that qualifies for the credit under this section as an 'S' corporation or partnership entitles each shareholder of the 'S' corporation or partner of the partnership to a nonrefundable credit against taxes. Any credit generated by an 'S' corporation must first be used against any tax liability of the 'S' corporation under Section 12-6-530. Any remaining credit passes through to the shareholders of the 'S' corporation.
(2) The amount of the credit allowed a shareholder, partner, or owner of a limited liability company pursuant to this section is equal to the shareholder's percentage of stock ownership or partner's interest in the partnership, for the taxable year multiplied by the amount of the credit that the taxpayer would have been entitled to if it were taxed as a corporation."
B. Chapter 15, Title 50 of the 1976 Code is amended by adding:
"Section 50-15-55. (A) The department may designate certain land as certified management areas for endangered species or species in need of management.
(B) The department shall promulgate regulations addressing criteria for designating land as certified management area for endangered species or of species in need of management in order to qualify a taxpayer for the income tax credit provided for in Section 12-6-3520.
(C) Every five years the department may review the population status of species subject to certified management agreements and shall revise the regulations accordingly. The department may revise criteria at that time as necessary for lands to retain their designation as certified management areas."
C. This section takes effect July 1, 1999, only if sufficient funding, in the opinion of the Department of Revenue, is available to fund the credit. /
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Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
At 12:41 P.M., on motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to stand in recess beginning at 1:00 P.M. for fifteen minutes.
Senator ALEXANDER proposed the following Amendment No. 82 (EMS15.DOC), which was adopted (#46):
Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-139-11 SO AS TO PROVIDE THAT A SCHOOL ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS MAY SUBSTITUTE THE SACS PLAN FOR THE COMPREHENSIVE PLAN AND ANNUAL UPDATES REQURIED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT AND EDUCATION ACCOUNTABILITY ACT AND TO PROVIDE THAT THE REVIEW CYCLE OF A DISTRICT MAY BE ADJUSTED TO COINCIDE WITH THE SACS REVIEW CYCLE OF ITS SCHOOLS.
The 1976 Code is amended by adding:
"Section 59-139-11. A school accredited by the Southern Association of Colleges and Schools (SACS) may substitute the SACS five-year plan and annual updates for the comprehensive plan and updates required by Section 59-139-10(B), provided that all requirements for information and evaluation and the participation requirements for the community and School Improvement Council are met as mandated in Title 59, Chapters 18 and 139. Beginning with 2001, with approval by the State Board of Education, a school district may request to have its combined strategic plan/accountability system cycle required by Chapters 18 and 139 adjusted to coincide with its schools' SACS review. /
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Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 107 (22300CM99.DOC), which was adopted (#47):
Amend the bill, as and if amended, Part II, by adding the following appropriately numbered section:
TO AMEND THE 1976 CODE BY ADDING SECTION 17-25-137 SO AS TO PROVIDE THAT A COURT THAT IMPOSES AN ALTERNATIVE SENTENCE UPON A DEFENDANT IS NOT LIABLE FOR ANY INJURIES SUSTAINED BY THE DEFENDANT WHILE THE DEFENDANT COMPLETES HIS SENTENCE.
A. The 1976 Code is amended by adding:
"Section 17-25-137. Notwithstanding another provision of law, a court which imposes an alternative sentence upon a defendant is not liable for any injuries sustained by the defendant while the defendant completes his sentence."
B. This section takes effect July 1, 1999. /
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Senator THOMAS explained the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 117 (3696R311.GFM), which was adopted (#48):
Amend the bill, as and if amended, PART II, by adding appropriately numbered new sections to read:
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
License Plates on behalf of the H. L. Hunley Submarine
Section 56-3-7910. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be based on the total number of special license plates sold as follows:
(1) one thousand or less total special license plates sold: fifty-two dollars to the department and forty-eight dollars to the Hunley Commission for each special license plate sold;
(2) more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and fifty-eight dollars to the Hunley Commission for each special license plate sold;
(3) two thousand or more total special license plates sold: thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.
(C) The department shall reserve the first twelve license plates for use by the Hunley Commission."
B. This act takes effect upon approval by the Governor. /
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Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
The amendment was adopted.
Senators THOMAS and HUTTO proposed the following Amendment No. 122 (22302CM99.DOC), which was adopted (#49) and later substituted for Amendment No. 122A:
Amend the bill, as and if amended, Part II, by adding the following appropriately numbered section:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-395 SO AS TO PROVIDE THAT THE REINSTATEMENT FEE FOR A DRIVER'S LICENSE WHICH HAS BEEN SUSPENDED MUST BE REFUNDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED BECAUSE OF THE FAILURE TO PAY A FINE IMPOSED PURSUANT TO AN OUT-OF-STATE TRAFFIC VIOLATION, AND WHO IS SUBSEQUENTLY CHARGED WITH DRIVING UNDER SUSPENSION IN THIS STATE, MUST NOT BE ARRESTED IF THE SOLE BASIS FOR THE SUSPENSION IS THE FAILURE TO PAY THE FINE FOR THE OUT-OF-STATE TRAFFIC VIOLATION.
A. The 1976 Code is amended by adding:
"Section 56-1-395. (A) The reinstatement fee for a driver's license which has been suspended must be refunded if the suspension was imposed by the department for failure to pay a fine for a traffic violation committed in another state, and the department receives evidence that the out-of-state fine was paid before the imposition of the suspension.
(B) A person whose license is suspended because of the failure to pay a fine imposed pursuant to an out-of-state traffic violation, and who is subsequently charged with driving under suspension in this State, must not be arrested for driving under suspension if the sole basis for the suspension is the failure to pay the fine for the out-of-state traffic violation."
B. This section takes effect July 1, 1999. /
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Senator THOMAS explained the amendment.
The amendment was adopted.
Senator HOLLAND proposed the following Amendment No. 129 (9266SOM99.DOC), which was adopted (#50):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered Section to read:
TO AMEND SECTION 60-11-40, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
A. Section 60-11-40 of the 1976 Code, as last amended by Act 118 of 1991, is further amended to read:
"Section 60-11-40. (1) Control and membership. The South Carolina Department of Archives and History is under the control of the South Carolina Commission of Archives and History, consisting which consists of five ex officio members and five six non-ex officio members.
(2) Ex officio members. The five ex officio members are the heads of the departments of history of the University of South Carolina, The Citadel, Clemson University, Winthrop College University, and the head of the Department of Political Science and History of South Carolina State College University, and their successors, or, upon approval of the governing board of the respective institution, their designees.
(3) Non-ex officio members. The Five non-ex officio members shall be nominated, one by the South Carolina Historical Society, one by the American Legion, Department of South Carolina, and one by the South Carolina Historical Association, and appointed by the Governor. Each shall serve for a term of five years. Two members shall be appointed by the Governor with the advice and consent of the Senate for terms of office to run concurrently with the term of the Governor. The sixth non-ex officio member shall be the President of the University South Caroliniana Society who shall serve for a term of five years. In case of a vacancy it shall be filled for the unexpired term in the same manner as the original appointment.
(4) Meetings; quorum. The South Carolina Commission of Archives and History shall hold at the office of the Commission at least one regular meeting during the year and as many special meetings as may be necessary at the office of the commission. Special meetings may be called by the chairman, or, in his absence, by the vice-chairman. Five Six members of the Commission commission shall constitute a quorum.
(5) Expenses and per diem. All members of the Commission commission shall be reimbursed for expenses incurred in attending meetings and otherwise performing their duties under the direction of the Commission commission. The members who are not employed by the State shall receive the per diem paid by the State to members of boards and commissions during their attendance at meetings."
B. This section takes effect July 1, 1999. /
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Senator HOLLAND explained the amendment.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 130 (11331MM99.DOC), which was adopted (#51):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered Section to read:
TO AMEND SECTION 50-21-136, OF THE 1976 CODE, 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.
Section 50-21-136(A) of the 1976 Code is amended to read:
"(A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical Day Marker Number 10, running in a southwest to northeast direction to 550 feet west east of a dock located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50 feet downstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek, including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department." /
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Senator CORK explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 134 (3468MM99.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND CHAPTER 9 OF TITLE 58 OF THE 1976 CODE, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; TO PROVIDE FOR A TELECOMMUNICATIONS TRANSITION FUND TAX FOR ALLOCATION TO CERTAIN MUNICIPALITIES AFFECTED, AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Whereas, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
Whereas, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
Whereas, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and
Whereas, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
Whereas, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore,
A. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Municipal Charges to Telecommunications Providers
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements;
(vi) charges for the use of intercompany facilities; and
(vii) charges for services provided by shared, not-for-profit public safety radio systems approved by the FCC;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;
(d) satellite television broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.
Section 58-9-2210. Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed fifteen one-hundredths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business license tax levied for the year 2004 and every year thereafter, the tax shall not exceed six-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(3) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(4) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.
(5) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
Section 58-9-2230. (A) A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I - 1 - 1,000 - $ 100.00
Tier II - 1,001 - 3,000 - $ 200.00
Tier III - 3,001 - 5,000 - $ 300.00
Tier IV - 5,001 - 10,000 - $ 500.00
Tier V - 10,001 - 25,000 - $ 750.00
Tier VI - Over 25,000 - $1,000.00
(B) A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I - 1 - 1,000 - $ 100.00
Tier II - 1,001 - 3,000 - $ 200.00
Tier III - 3,001 - 5,000 - $ 300.00
Tier IV - 5,001 - 10,000 - $ 500.00
Tier V - 10,001 - 25,000 - $ 750.00
Tier VI - Over 25,000 - $1,000.00
(C) No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.
(D) A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and nondiscriminatory as amongst all telecommunications companies.
Section 58-9-2240. A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2250. A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
Section 58-9-2260. No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article; provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.
Section 58-9-2270. In addition to the business license tax authorized pursuant to Section 58-9-2220, there is levied a telecommunications transition fund tax of fifteen one hundredths of one per cent for the years 1999-2003. This tax applies to gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either terminates or originates in a municipality and which are charged to a service address within the municipality, regardless of where these amounts are billed or paid. However, this telecommunications transition fund tax does not apply to gross income from the sale of retail telecommunications services which are subject to:
(1) fees under franchise agreements or other contractual agreements; or
(2) taxes under a municipal business license ordinance, both as provided for in Section 58-9-2260.
The Department of Revenue shall collect the tax and remit it to the State Treasurer. The tax must be placed in an interest bearing account separate and distinct from the general fund of the State. All interest earned on this account shall accrue to the account.
Beginning in 2004, the account must be used to assist municipalities which can demonstrate that the total revenue received in years 1999-2003 by the municipality pursuant to this article from the telecommunications companies which have not paid a tax or fee to the municipality prior to December 31, 1997, is less than the total revenue received in the years 1999-2003 by the municipality from telecommunications companies paying a tax or fee to the municipality prior to December 31, 1997.
The State Treasurer shall promulgate regulations establishing documentation requirements and procedures for distribution of the funds. The funds will be distributed until all funds collected by this section, including interest, have been distributed."
B. If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator RAVENEL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the S.C. Code of Laws, 1976, as amended.
Senators MOORE and LEVENTIS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
At 1:02 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 1:15 P.M.
At 1:15 P.M., the Senate resumed.
At 1:15 P.M., on motion of Senator MARTIN, the Senate receded from business until 1:30 P.M.
At 1:30 P.M., the Senate resumed.
At 1:34 P.M., on motion of Senator MARTIN, the Senate receded from business until 1:40 P.M.
At 1:46 P.M., the Senate resumed.
At 1:46 P.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Having voted on the prevailing side, Senator MATTHEWS moved to reconsider the vote whereby Amendment No. 3 was adopted.
There was no objection.
On motion of Senator MATTHEWS, with unanimous consent, Amendment No. 3 was withdrawn.
On motion of Senator MATTHEWS, Amendment No. 144A was taken up for immediate consideration.
Senators MATTHEWS and WASHINGTON proposed the following Amendment No. 144A (3696R326.JWM), which was adopted (#52):
Amend the bill, as and if amended, PART II, by adding an appropriately numbered new SECTION to read:
TO AMEND SECTION 6-4-10(4)(b) OF THE 1976 CODE, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO CLARIFY THE MEANING OF "HIGH CONCENTRATION OF TOURISM ACTIVITY".
A. "(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
For purposes of this subsection, a county or municipality will be considered to have a 'high concentration of tourism activity' if:
(1) it is located in a county area that collected over $900,000 in accommodations tax from the local accommodations tax provided in Section 12-36-2630(3) during the State's immediately preceding fiscal year;
(2) in the case of a municipality, the number of rental units which are subject to accommodations tax at the end of the State's fiscal year equals or exceeds thirty-five percent of the number of full-time residents of the municipality, as determined by the most recent available population estimates for the municipality as estimated by the United State Bureau of Census available at the end of the State's fiscal year; or
(3) the ratio of the amount of dollars of accommodation taxes annually collected in the county area to the population of the county, based upon the 1990 census, is at least four dollars in accommodation taxes collected for every one resident of the county.
'Tourism-related expenditures' include:
1. advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
2. promotion of the arts and cultural events;
3. construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
4. the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
5. public facilities such as restrooms, dressing rooms, parks, and parking lots;
6. tourist shuttle transportation;
7. control and repair of waterfront erosion;
8. operating visitor information centers."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 152 (3696R224.WGR), which was adopted (#53):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES.
A. Section 56-1-440 of the 1976 Code is amended to read:
"Section 56-1-440. Any A person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver to the court within seven days of being charged with a violation of this provision."
B. Section 56-10-225(C) of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"(C) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof that the motor vehicle is insured to the court within seven days of being charged with a violation of the provision contained in subsection (A). A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for such this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided."
C. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senators HUTTO and THOMAS proposed the following Amendment No. 161 (22308CM99.DOC), which was adopted (#54):
Amend the bill, as and if amended, Part II, by adding the following appropriately numbered section:
TO AMEND SECTION 56-1-365, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT AT THE TIME A PERSON SURRENDERS A DRIVER'S LICENSE TO A CLERK OF COURT OR MAGISTRATE, HE ALSO MAY PAY THE FEE REQUIRED TO HAVE HIS DRIVER'S LICENSE REINSTATED; AND TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE REINSTATEMENT FEE MAY BE PAID TO THE CLERK OF COURT UNDER CERTAIN CIRCUMSTANCES.
A. Section 56-1-365(B) of the 1976 Code, as last amended by Act 378 of 1998, is further amended to read:
"(B) The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates must give the department's agents tickets, arrest warrants, and other documents or copies of them, including any reinstatement fee paid at the time of the verdict, guilty plea, or plea of nolo contendere, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk must forward the license, ticket, and other documentation to the department within five days after receipt. A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.
B. Section 56-1-390(1) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
(1) Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error."
C. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 163 (20613AC99.DOC), which was adopted (#55):
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTIONS 20-7-420, 20-7-1315, AND 20-7-1440, OF THE 1976 CODE, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, 20-3-235, 20-7-853, 20-7-854, 20-7-949, 20-7-957, 20-7-1295, 44-7-77, 44-63-75, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A DEFINITION FOR "DIRECTOR"; TO AMEND SECTIONS 20-7-942 AND 20-7-945, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS; TO AMEND SECTION 20-7-1130, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER ESTABLISHED LOCAL PROCEDURES; TO AMEND SECTION 43-5-585, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; AND TO AMEND SECTION 43-5-598, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS.
A. Section 20-7-220 of the 1976 Code is amended to read:
"Section 20-1-220. No marriage license may be issued unless a written application shall have has been filed with the probate judge, or in Darlington and Georgetown Counties counties the clerk of court who issues the license, at least twenty-four hours before its the issuance of the license. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, shall must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days."
B. Section 20-3-235 of the 1976 Code is amended to read:
"Section 20-3-235. A decree of divorce shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section."
C. Section 20-7-420(21) of the 1976 Code is amended to read:
"(21) to determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court, or through the clerk of court, or through a centralized wage withholding system if required by federal statute or regulation."
D. Section 20-7-853 of the 1976 Code, as added by Act No. 71 of 1997, is amended to read:
"Section 20-7-853. An administrative or judicial order which includes a determination of paternity or a provision for child support shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents."
E. Section 20-7-854(A)(4) of the 1976 Code is amended to read:
"(4) social security number or the alien identification number assigned to a resident alien who does not have a social security number;"
F. Section 20-7-941(A) of the 1976 Code is amended to read:
"(A) As used in this part:
(1) 'Arrearage' means the total amount overdue under an order of support.
(2) 'Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation five-hundred dollars and has paid the full child support obligation for the last two consecutive months.
(3) 'Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services or his designee.
(4) 'Division' means the Child Support Enforcement Division of the State Department of Social Services.
(4)(5) 'License' means:
(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support. and the The department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(5)(6) 'Licensee' means an individual holding a license issued by a licensing entity.
(6)(7) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state, county, or municipal agency, board, department, office, or commission that issues a license.
(7)(8) 'Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage."
G. Section 20-7-942 of the 1976 Code is amended to read:
"Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety forty-five days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage."
H. Section 20-7-945(A), (D), (F), and (G) of the 1976 Code are amended to read:
"(A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety forty-five days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case-by-case basis for the judicial review of the payment schedule agreement the director shall file an agreement and order pursuant to Section 20-7-9525(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court.
(F) The notification given a licensee that the licensee's license will be revoked in ninety forty-five days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the ninety forty-five days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement."
I. Section 20-7-949 of the 1976 Code is amended to read:
"Section 20-7-949. An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the application."
J. Section 20-7-957 of the 1976 Code is amended to read:
"Section 20-7-957. Upon a finding that the putative father is the natural father of the child, the court must issue an order designating the putative father as the natural father. The order also shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents. The order shall establish a duty of support and provide for child support payments in amounts and at a frequency to be determined by the court. The order also shall provide for other relief which has been properly prayed for in the pleadings and which is considered reasonable and just by the court. Upon a finding that the putative father is not the father of the child, the court shall issue an order which sets forth this finding."
K. Section 20-7-1130 of the 1976 Code is amended to read:
"Section 20-7-1130. (A) A party seeking to enforce a support order, an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure available to enforce a support order, an income withholding order, or both. If the obligor does not contest administrative enforcement, the support order need not be registered. If the obligor contests the validity or administrative enforcement of the order by asserting a ground for contesting the order recognized by the law of this State, the support enforcement agency shall register the order pursuant to this subarticle."
L. Section 20-7-1295(C) of the 1976 Code is amended to read:
"(C) The division shall file notice of a lien with respect to real property with the register of deeds for any county in the State where the obligor owns property. The social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor must be noted on the notice of the lien. The filing operates to perfect a lien when recorded, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded. A special index for liens Liens created under this section must be maintained by the register of deeds of each county of the State, in accordance with established local procedures for recordation. If the obligor subsequently acquires an interest in real property, the lien is perfected upon the recording of the instrument by which the interest is obtained in the register of deeds where the notice of the lien was filed within six years prior thereto. A child support lien is perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the register of deeds for the county where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded first.
The division also shall file notice of a child support lien, with the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor on the notice, with respect to personal property with the Department of Natural Resources, a county, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien must be received and registered or recorded without payment of a fee. The division may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. Any lien placed against a vehicle with a title issued by the Division of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division of Motor Vehicles. No fee is required to reissue this title. The perfected lien is not subordinate to a recorded lien except a lien that has been perfected before the date on which the child support lien was perfected. The division, upon request of the obligor, may subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the division, the division may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation."
M. Section 20-7-1315 of the 1976 Code is amended to read:
"Section 20-7-1315. (A) As used in this section:
(1) 'Order for support' means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support.
(2) 'Delinquency' means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation.
(3) 'Arrearage' means the total amount of unpaid support obligations.
(4) 'Court' as used in this section means Family Court.
(5) 'Income' means any periodic form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, payments made pursuant to a retirement program, interest, and any other payments made by a person or an agency or department of the federal, state, or local government provided the income excludes:
(a) amounts required to by law to be withheld, other than creditor claims, including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, and disability contributions;
(b) amounts exempted by federal law;
(c) public assistance payments.
Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.
(6) 'Obligor' means an individual who is required to make payments pursuant to order for support.
(7) 'Obligee' means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support.
(8) 'Payor' means any payor of income to an obligor. For purposes of this section, the South Carolina Employment Security Commission is not considered to be a payor.
(B)(1) For all Title IV-D cases in which support orders are issued or modified after October 31, 1990, and for all nontitle IV-D cases in which support orders are issued or modified after January 3, 1994, the income of an obligor is subject to immediate withholding as of the effective date of the order without the requirement that an arrearage accumulate. However, income is not subject to withholding if:
(a) one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or
(b) a written agreement is reached between both parties which provides for an alternative arrangement.
(2) All orders for support entered or modified in the State before October 1, 1996, if not otherwise subject to wage withholding, are subject to withholding if a delinquency occurs without the need for a judicial or administrative hearing. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order; however, the court may order withholding to begin immediately for good cause shown. The court is required to make specified written findings to support immediate withholding.
(3) Income withholding must be initiated in all Title IV-D cases upon the request of the obligee without the necessity of a delinquency, if the State approves the request in accordance with the procedures and standards as it may establish. If the obligee requests income withholding pursuant to this subsection, notice of the request must be provided to the obligor by the clerk of court, and if the obligor objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the obligor's income to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the obligor after proper notice, the clerk of court shall implement immediate income withholding.
(C)(1) An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.
(2) Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withholding procedures take effect, the provisions to pay directly are superseded by the withholding process and the obligor and the payor on behalf of the obligor during the period of withholding must pay this support through the court.
(D)(1) If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency.
(2) The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this subsection, the obligor may be served as prescribed for service in civil actions.
(3) The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice must clearly state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and that a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage pursuant to Section 20-7-1316, unless the obligor files a petition to stay service in accordance with subsection (E).
(E)(1) The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 20-7-1316 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; however, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
(2) Filing of a petition to stay service within the ten days required under this subsection prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage.
(3) If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.
(4) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (E)(1), the obligor is permitted to file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, may not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
(F)(1) Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 20-7-1316.
(2) The notice to withhold shall:
(a) direct any payor to withhold at the obligor's regularly scheduled pay periods an amount which over the period of one month would constitute one month's support obligation plus applicable fees pursuant to this section and costs as provided by Section 20-7-1440;
(b) direct any payor to withhold an additional amount toward any arrearage until the arrearage is paid in full; however, amounts to be withheld under this item and item (2)(a) may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));
(c) direct any payor to notify the clerk if health insurance is available to the obligor for the benefit of children for whom child support is being withheld;
(d) state the rights, responsibilities, and liabilities of the payor under this section.
(3) The payor shall then deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors need not change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor for each obligee. For each instance of withholding of income, the payor is entitled to receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold unless the fee is waived by the payor.
(4) If there is more than one notice to withhold on a single obligor, the payor must comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b)). If the payor cannot fully comply with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to fully comply. Priority must be given to current support obligations. In no case may the allocation result in a withholding for one of the support obligations not being implemented.
(5) The employer shall promptly pay the amount withheld to the clerk of court centralized wage withholding system within ten seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any subsequent notification received from the clerk of court concerning withholding. The payor shall provide the date on which the income is withheld.
(6) Upon the records of the clerk of court reflecting the satisfaction of an arrearage, the clerk of court shall serve upon the payor by regular mail a notice of reduction of withholding. This notice shall inform the payor that the arrearage has been satisfied and to discontinue withholding the additional amount as prescribed in item 2(b) of this subsection.
(7) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and obligor's new employer and address, if known.
(8) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages. Payment pursuant to a notice to withhold is a complete defense by the payor against any claims of the obligor or the obligor's creditors as to the sum paid.
(9) No payor may discharge, refuse to hire, or otherwise penalize any obligor because of the duty to withhold income.
(10) The responsibility of a payor who employs an obligor to withhold support from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be proportionately reduced in the same percentage that the time worked has to the time of the full pay period.
(11) If the Division of Child Support of the Department of Social Services is notified by the South Carolina Employment Security Commission in accordance with Section 41-35-140 that an obligor is receiving unemployment insurance benefits, the division must notify the court for the intercept of unemployment insurance benefits if a delinquency occurs and the obligor's case is a Title IV-D case. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140.
(G)(1) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this section, income withholding must be reinstated.
(2) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold:
(a) if there is no longer a current order for support and all arrearages are paid; or
(b) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement.
However, if termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.
(3) The clerk of court shall serve on the payor by regular mail a copy of any order entered pursuant to this subsection or subsection (E)(4) that affects the duties of the payor. If service cannot be effected as set forth in this subsection, the payor may be served as prescribed for service in civil actions.
(4) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this subsection or subsection (E)(4) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.
(H)(1) An obligee who is receiving income withholding payments under this section shall notify the clerk of court of any change of address within seven days of the change.
(2) An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to subsection (D) to the Division of Child Support of the South Carolina Department of Social Services.
(3) An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this section shall notify the clerk of court of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after employment commences.
(4) Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.
(5) Any clerk of court who collects, receives, or disburses payment pursuant to an order for support or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court must without further proof be admitted into evidence in any legal proceedings in which child support is an issue.
(6) The Department of Social Services and the Office of Court Administration shall design suggested legal forms for proceeding under this section and Section 20-7-1316 and shall make available to the courts for distribution to parties in support actions these forms and informational materials which describe the procedures and remedies set forth in this section and Section 20-7-1316.
(I)(1) If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by subsection (F)(9) or who fails to notify the clerk of the availability of health insurance is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion.
(2) If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this section or wilfully fails to comply with the requirements of this section, punishment for contempt may be imposed.
(J) The rights, remedies, duties, and penalties created by this section are in addition to any other rights, remedies, duties, and penalties otherwise provided by law.
(K) The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement this section.
(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:
(1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.
(6) Information received by the South Carolina Employment Security Commission from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter.
Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter.
(M) The department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:
(1) all wage withholding cases being enforced by the Child Support Enforcement Division;
(2) all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.
Child support amounts collected through the centralized wage withholding system are subject to the three percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent.
N. Section 20-7-1440(C) of the 1976 Code is amended to read:
"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of three percent of the support paid, which costs must be in addition to the support money paid."
O. Section 43-5-585(A) of the 1976 Code is amended to read:
"(A) The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have an arrearage in an amount equal to two months' support obligation of one thousand dollars or greater."
P. Section 43-5-595(A) of the 1976 Code is amended to read:
"(A) Pursuant to Section 43-5-590(d), the department shall attempt to locate individuals for the purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation. Notwithstanding any other provision of law making this information confidential, the following entities in the State shall provide promptly to the department, its designee, or a federally-approved child support agency of another state, the following information, upon request by the department or other agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation:
(1) All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations.
(2) All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal, or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.
(3) A state or local agency of this State shall provide access to information contained in these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department may not charge the department a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted, may charge a fee for providing the information."
Q. Section 43-5-596(A) and (B) of the 1976 Code is amended to read:
"(A) In the manner and form prescribed by the Child Support Enforcement Division, a financial institution, as defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number, or the alien identification number assigned to a resident alien who does not have a social security number;
(3) record address;
(4) account number(s); and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number, or the alien identification number assigned to a resident alien who does not have a social security number."
R. Section 43-5-598 of the 1976 Code is amended to read:
"Section 43-5-598. (A) As used in this section:
(1) 'Business day' means a day on which state offices are open for regular business.
(2) 'Date of hire' means the first day the employee works for which the employee is entitled to compensation from the payor of income.
(3) 'Department' means the Department of Social Services, or its designee.
(4) 'Employer' includes a governmental entity and labor organization and means a person doing business in this State for whom an individual performs a service, of whatever nature, as the employee of the person and except that:
(a) if the person for whom the individual performs services does not have control of the payment of wages for the services, the term 'employer' means the person having control of the payment of wages; and
(b) in the case of a person paying wages on behalf of a nonresident alien, individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term 'employer' means that person.
(5) 'Labor organization' means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Hiring halls, which refer individuals for jobs with employers, are 'labor organizations' to the extent that they exist pursuant to an agreement with an employer engaged primarily in the building and construction industry under Section 8(f)(3) of the National Labor Relations Act.
(6) 'New hire' includes an individual newly employed or an individual who has been rehired or has returned to work after being laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(B) By October 1, 1998, the department shall establish a state directory of new hires which shall contain information supplied in accordance with subsection (C) by employers on each new hire.
(C) Beginning October 1, 1998, an employer who hires an employee who resides or works in this State shall report the hiring of the employee to the state directory of new hires within twenty calendar days of the hiring of the employee. However, in the case of an employer transmitting reports magnetically or electronically, these reports must be transmitted semi-monthly, if necessary, not less than twelve nor more than sixteen days apart. The report submitted shall contain:
(1) the employer's name, address, and federal identification number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986; and
(2) the employee's name, address, and social security number.
(D) For purposes of this section, an employer must not report information on an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(E) An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with subsection (C) by designating one state in which the employer has employees to which the employer will transmit the report required by subsection (C) and transmitting the report to that state. An employer that transmits reports pursuant to this subsection shall notify the Secretary of the United States Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.
(F) Each report required by subsection (C) must be made on a W-4 form or, at the option of the employer, an equivalent form and may be transmitted by first-class mail, facsimile, magnetically, or electronically. Magnetic and electronic submissions must be in a format prescribed by the department.
(G) If an employer fails to report the hiring of an employee pursuant to this section, the employer is subject to a civil penalty of no more than:
(1) twenty-five dollars for the second offense and every offense thereafter unless the employer can demonstrate good cause for not reporting the hiring; or
(2) five hundred dollars for each and every offense, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.
(H) Information must be entered into the data base maintained by the state directory of new hires within five business days of receipt from an employer pursuant to subsection (C).
(I) No later than May 1, 1998, the department shall conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (C) and the social security numbers appearing in the records of the State Case Registry created pursuant to Section 43-5-610 for cases being enforced under the federally-approved child support program administered by the department.
(J) When an information comparison conducted under paragraph (I) reveals a match with respect to the social security number of an individual in the records of the State Case Registry, the state directory of new hires shall provide the department with the information reported by the employer pursuant to subsection (C).
(K) Within two business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the department shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly, or other periodic, child support obligation, including any past-due child support obligation, of the employee, unless the employee's income is not subject to withholding pursuant to Section 20-7-1315.
(L) Within three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.
(M) The state directory of new hires shall include reports received from the Employment Security Commission pursuant to Section 43-5-620. The state directory of new hires shall furnish these reports, on a quarterly basis, to the national directory of new hires by the dates, in the format, and containing the information the Secretary of the United States Department of Health and Human Services specifies in regulations.
(N) Information maintained in the state directory of new hires and national directory of new hires may be utilized for these purposes:
(1) The department shall use information received pursuant to subsection (I) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose this information to a public or private agency that is under contract with the department to carry out these purposes.
(2) The department shall have access to information reported by employers pursuant to subsection (C) for purposes of verifying eligibility for these state administered programs:
(a) Temporary Assistance for Needy Families;
(b) Medicaid under Title XIX of the Social Security Act;
(c) food stamps;
(d) unemployment compensation benefits; and
(e) any state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act.
(3) The Employment Security Commission shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the employment security program.
(4) The Workers' Compensation Commission or its designee shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the workers' compensation program.
(O) An employer who in good faith discloses information pursuant to this section is not subject to civil or criminal liability on account of the disclosure.
(P) This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed."
S. Section 44-7-77 of the 1976 Code is amended to read:
"Section 44-7-77. The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 20-7-956(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
T. Section 44-63-75 of the 1976 Code is amended to read:
"Section 44-63-75. (A) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be included in the forms prescribed by the state registrar for:
(1) the recordation of birth, death, and divorce;
(2) the application of marriage.
(B) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be recorded on birth and death certificates."
U. If a provision of this section or the application of a provision of this section to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
V. The Department of Social Services shall establish and operate the centralized system, as required by Section 20-7-1315 (M) of the 1976 Code, as contained in subsection M. of this Section, for the collection and disbursement of wage withholding child support funds from funds appropriated to the Department of Child Support Enforcement operating expenses./
Renumber sections to conform.
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Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senators WILSON, RYBERG and FAIR proposed the following Amendment No. 167 (NBD\11319STD99), which was withdrawn:
Amend the bill, as and if amended, Part II, by adding a new Section to be appropriately numbered which shall read:
TO PROVIDE THAT ANY INCREASE IN THE MULTIPLIER USED TO COMPUTE RETIREMENT BENEFITS FOR MEMBERS OF THE GENERAL ASSEMBLY SHALL BE CONSIDERED AN INCREASE IN COMPENSATION PROHIBITED BY ARTICLE III, SECTION 19 OF THE CONSTITUTION OF THIS STATE AND AS SUCH IS VIOLATIVE OF THE STATE CONSTITUTION AND MAY NOT BE CONSIDERED BY ANY GENERAL ASSEMBLY UNLESS IT APPLIES TO MEMBERS OF THE GENERAL ASSEMBLY NOT THEN SERVING.
"Notwithstanding any other provision of law, any increase in the multiplier used to compute retirement benefits for members of the General Assembly shall be considered an increase in compensation prohibited by Article III, Section 19 of the Constitution of this State and as such is violative of the state constitution and may not be considered by any General Assembly unless it applies to members of the General Assembly not then serving." /
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Senator WILSON explained the amendment.
Senator LAND moved to lay the amendment on the table.
On motion of Senator LAND, with unanimous consent, the motion to table was withdrawn.
Senator WILSON moved that it be the Sense of the Senate that the Senate oppose the increase in the General Assembly retirement benefits as included in the House passed version of the General Appropriation Bill.
There was no objection and the motion was adopted.
Senators THOMAS and MARTIN proposed the following Amendment No. 169 (3473CM99.DOC), which was adopted (#56):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 16-11-700, AS AMENDED, OF THE 1976 CODE, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY FINE FOR DUMPING LITTER OR SOLID WASTE IN AN AMOUNT LESS THAN FIFTEEN POUNDS IN WEIGHT OR TWENTY-SEVEN CUBIC FEET IN VOLUME AND FOR THE DEPOSIT OF A COLLECTION OF LITTER OR GARBAGE IN AN AREA OR FACILITY NOT INTENDED FOR PUBLIC DEPOSIT OR GARBAGE, AND TO PROVIDE THAT A PORTION OF THE FINE MUST BE DEPOSITED IN THE STATE'S GENERAL FUND AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL CAMPAIGN.
A. Section 16-11-700(C)(1) and (2) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than one two hundred dollars nor more than two three hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign."
B. This section takes effect July 1, 1999. /
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Senator THOMAS explained the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 184A (20616HTC99.DOC), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1376 SO AS TO PROHIBIT MEMBERS OF THE GOVERNING BOARDS, OFFICERS, AND EMPLOYEES OF STATE AGENCIES CONSTITUTED AS AUTHORITIES FROM BEING CANDIDATES FOR PARTISAN ELECTED OFFICE, SERVING AS POLITICAL PARTY OFFICERS, AND RAISING POLITICAL CONTRIBUTIONS EXCEPT WITH RESPECT TO NONPARTISAN ELECTIONS AND TO PROVIDE THAT NO STATE FUNDS MAY BE EXPENDED OR FUNDS OF A STATE AUTHORITY FOR SALARIES OF OFFICERS AND EMPLOYEES OF AUTHORITIES FOUND TO BE IN VIOLATION OF THESE RESTRICTIONS.
Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1376. In addition to all other restrictions and regulations relating to electoral campaigns under this article, an officer or employee, including members of the governing board of a state agency constituted as an authority may not:
(1) be a candidate for elective office, including federal office, except in a nonpartisan election;
(2) serve as an officer of a political party or party committee;
(3) participate in raising contributions, except with respect to nonpartisan elections.
No funds may be expended by the State or any state agency constituted as an authority to pay the salary of any officer or employee found to be in violation of the provisions of this section." /
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Senator GROOMS explained the amendment.
At 2:20 P.M., Senator DRUMMOND assumed the Chair.
Senator GROOMS continued arguing in favor of the adoption of the amendment.
At 2:22 P.M., Senator MARTIN assumed the Chair.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The ACTING PRESIDENT took the Point of Order under advisement.
On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator GREGORY proposed the following Amendment No. 104 (3696R315.CKG), which was tabled:
Amend the bill, as and if amended, PART II, Section 23, page 554, by striking lines 1 and 2 and inserting in lieu thereof the following:
/ "( ) Three hundred dollars for taxable year 1999 and three thousand dollars for subsequent taxable years for a volunteer firefighter or rescue squad member. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction." /
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Senator GREGORY explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Glover Holland Jackson Land Leventis Matthews McConnell Moore Passailaigue Patterson Saleeby Washington
Alexander Anderson Bauer Branton Cork Courson Courtney Elliott Fair Giese Gregory Grooms Hayes Hutto Leatherman Martin McGill Mescher Peeler Rankin Ravenel Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator BRYAN spoke on the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
At 2:40 P.M., Senator DRUMMOND assumed the Chair.
Senator PASSAILAIGUE continued arguing contra to the adoption of the amendment.
Senator ELLIOTT spoke on the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
We support the volunteer firefighters but realize the money is not available to increase the deduction from $300 to $3,000 for them. The vote was to table. The vote was close and before the close of the polls, senators began switching votes over against tabling. We believe the roll call outcome is not an accurate record of how people feel. We support helping people but cannot agree to bind spending money a year in advance before we even know where it is coming from and what amount of new revenue we will have to pay for it. After further debate, the Senate unanimously voted to table the amendment, confirming the correctness of our earlier vote.
At 2:48 P.M., Senator LEVENTIS assumed the Chair.
Senator RAVENEL rose for an Expression of Personal Interest.
At 2:55 P.M., the PRESIDENT assumed the Chair.
Senators SALEEBY, LAND, HUTTO, COURTNEY and RANKIN proposed the following Amendment No. 84 (BD022.DOC), which was adopted (#57):
Amend the bill, as and if amended, Part II, page 578-579, by striking Section 69 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator DRUMMOND spoke on the amendment.
The PRESIDENT took up the Point of Order raised by Senator LAND that Section 69 of Part II of the General Appropriation Bill was out of order.
Senator LEVENTIS spoke on the amendment.
Senator BRYAN spoke on the amendment.
The PRESIDENT overruled the Point of Order.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator LAND, with unanimous consent, His Excellency, James H. Hodges, Governor of the State of South Carolina, and the Honorable Dick Riley, U. S. Secretary of Education, were granted the Privilege of the Chamber and Floor.
On motion of Senator LAND, with unanimous consent, Governor Hodges was granted the Privilege of the Floor.
Governor Hodges addressed the members of the Senate and honored Mrs. John Drummond, affectionately known as "Miss Holly", beloved wife of Senator JOHN DRUMMOND, PRESIDENT Pro Tempore, by presenting to her posthumously the Order of the Palmetto, South Carolina's highest civilian honor.
On motion of Senator J. VERNE SMITH, with unanimous consent, former Governor and Education Secretary Dick Riley was granted the Privilege of the Floor.
Secretary Riley addressed the members of the Senate.
Senator FAIR proposed the following Amendment No. 110 (PSD\7403AC99), which was adopted (#58):
Amend the committee report, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT IF A FAILURE OF A COMPUTER, SOFTWARE PROGRAM, OR OTHER RELATED COMPUTER DEVICE RESULTING FROM A "YEAR 2000" DATE CHANGE CAUSES A NOTICE OR BILLS, ISSUED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, TO BE MAILED OR FORWARDED LATE OR UNTIMELY PROVIDED TO A TAXPAYER, THE TAXPAYER MAY NOT BE PENALIZED OR ASSESSED ANY PENALTIES OR INTEREST FOR MAKING A LATE PAYMENT.
Notwithstanding any other provision of law, if a failure of a computer, software program, network, or database resulting from a "Year 2000" date change causes any kind of notice or bill, issued by the State or a political subdivision of the State, requiring payment to be made by a taxpayer to be mailed or forwarded late or otherwise untimely provided to the taxpayer, the taxpayer may not be penalized or assessed any penalties or interest for making a late payment. /
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Senator FAIR explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator CORK asked unanimous consent to take up Amendment No. 175 for immediate consideration.
There was no objection.
Senator CORK proposed the following Amendment No. 175 (PSD\7407AC99), which was ruled out of order:
Amend the committee report, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-30-45, OF THE 1976 CODE, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO GOVERNMENT RESTRUCTURING; TO AMEND SECTION 3-5-130, AS AMENDED, RELATING TO RESPONSIBILITIES OF THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT COUNCIL, ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND CHAPTER 39, TITLE 48, RELATING TO COASTAL TIDELANDS AND WETLANDS; TO AMEND SECTION 48-55-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO MEMBERSHIP ON THE AQUATIC PLANT MANAGEMENT COUNCIL; TO AMEND SECTION 50-17-390, AS AMENDED, RELATING TO JURISDICTION OVER NATURAL SHELLFISH DEPOSITS, ALL SO AS TO RECREATE THE SOUTH CAROLINA COASTAL COUNCIL AND TO TRANSFER ALL POWERS AND DUTIES FROM THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE SOUTH CAROLINA COASTAL COUNCIL; AND PURSUANT TO CHAPTER 39, TITLE 48 TO REVISE THE APPOINTMENT PROCESS FOR MEMBERS OF THE COASTAL COUNCIL TO CLARIFY ADVERTISEMENT PROCEDURES FOR PERMIT PUBLIC NOTICE; TO REQUIRE PERMIT APPLICANTS OF MARINA AND COMMERCIAL DOCK FACILITIES TO DEMONSTRATE A NEED FOR THE FACILITIES BEFORE THE APPLICATION IS CONSIDERED; TO REVISE PERMIT CONSIDERATIONS AFFECTING SHELLFISH AND MARINE LIFE AND WILDLIFE; AND TO REQUIRE THE COUNCIL TO HOLD A PUBLIC HEARING ON A PERMIT APPLICATION IF REQUESTED BY A MEMBER OF THE GENERAL ASSEMBLY.
A. Section 1-30-45 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-45. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Environmental Control and to include a coastal division:
(A) Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.;
(B) South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;
(C)(B) State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D)(C) Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq."
B Section 3-5-130 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 3-5-130. Staff of the Coastal Division Council of the Department of Health and Environmental Control shall make a determination of the amount of actual damage."
C. Chapter 39, Title 48 of the 1976 Code is amended to read:
Coastal Tidelands and Wetlands
Section 48-39-10. As used in this chapter:
(A) 'Applicant' means any person who files an application for a permit under the provisions of this chapter.
(B) 'Coastal zone' means all coastal waters and submerged lands seaward to the state's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. These counties are Beaufort, Berkeley, Charleston, Colleton, Dorchester, Horry, Jasper, and Georgetown.
(C) 'Division Coastal Council' or 'council' means the South Carolina Coastal Division Council of the South Carolina Department of Health and Environmental Control.
(D) 'CDPS CCS' means Coastal Division Permitting Council Staff.
(E) 'Saline waters' means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand.
(F) 'Coastal waters' means the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark. Provided, however, that the department council may designate boundaries which approximate the mean extent of saline waters until such time as the mean extent of saline waters can be determined scientifically.
(G) 'Tidelands' means all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. Coastal wetlands include marshes, mudflats, and shallows and means those areas periodically inundated by saline waters whether or not the saline waters reach the area naturally or through artificial water courses and those areas that are normally characterized by the prevalence of saline water vegetation capable of growth and reproduction. Provided, however, nothing in this definition shall apply to wetland areas that are not an integral part of an estuarine system. Further, until such time as the exact geographic extent of this definition can be scientifically determined, the department council shall have the authority to designate its approximate geographic extent.
(H) 'Beaches' means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established.
(I) 'Primary oceanfront sand dunes' means those dunes which constitute the front row of dunes adjacent to the Atlantic Ocean.
(J) 'Critical area' means any of the following:
(1) coastal waters;
(2) tidelands;
(3) beaches;
(4) beach and beach/dune system which is the area from the mean high-water mark to the setback line as determined in Section 48-39-280.
(K) 'Person' means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter.
(L) 'Estuarine sanctuary' means a research area designated as an estuarine sanctuary by the Secretary of Commerce.
(M) 'Marine sanctuary' means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce.
(N) 'Minor development activities' means the construction, maintenance, repair, or alteration of any private piers or nonbeachfront erosion control structure, the construction of which does not involve dredge activities.
(O) 'Dredging' means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether of intrinsic value or not, from any critical area.
(P) 'Filling' means either the displacement of saline waters by the depositing into critical areas of soil, sand, gravel, shells, or other material or the artificial alteration of water levels or water currents by physical structure, drainage ditches, or otherwise.
(Q) 'Submerged lands' means those river, creek, and ocean bottoms lying below mean low-water mark.
(R) 'Oil' means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.
(S) 'Gas' means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir.
(T) 'Fuel' means gas and oil.
(U) 'Emergency' means any unusual incident resulting from natural or unnatural causes which endanger the health, safety, or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm, or other such violent disturbance.
(V) "Department" means the South Carolina Department of Health and Environmental Control.
(W) "Board" means the board of the department.
Section 48-39-20. The General Assembly finds that:
(A) The coastal zone is rich in a variety of natural, commercial, recreational, and industrial resources of immediate and potential value to the present and future well-being of the State.
(B) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal and harvesting of fish, shellfish, and other living marine resources have resulted in the decline or loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use and shoreline erosion.
(C) A variety of federal agencies presently operate land use controls and permit systems in the coastal zone. South Carolina can only regain control of the regulation of its critical areas and coastal resources by developing its own management program. The key to accomplishing this is to encourage the state and local governments to exercise their full authority over the lands and waters in the coastal zone.
(D) The coastal zone and the fish, shellfish, other living marine resources and wildlife therein, may be ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.
(E) Important ecological, cultural, natural, geological and scenic characteristics, industrial, economic and historical values in the coastal zone are being irretrievably damaged or lost by ill-planned development that threatens to destroy these values.
(F) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone while balancing economic interests, present state and local institutional arrangements for planning and regulating land and water uses in such these areas are inadequate.
Section 48-39-30. (A) The General Assembly declares the basic state policy in the implementation of this chapter is to protect the quality of the coastal environment and to promote the economic and social improvement of the coastal zone and of all the people of the State.
(B) Specific state policies to be followed in the implementation of this chapter are:
(1) To promote economic and social improvement of the citizens of this State and to encourage development of coastal resources in order to achieve such improvement with due consideration for the environment and within the framework of a coastal planning program that is designed to protect the sensitive and fragile areas from inappropriate development and provide adequate environmental safeguards with respect to the construction of facilities in the critical areas of the coastal zone;
(2) To protect and, where possible, to restore or enhance the resources of the state's coastal zone for this and succeeding generations;
(3) To formulate a comprehensive tidelands protection program;
(4) To formulate a comprehensive beach erosion and protection policy including the protection of necessary sand dunes.;
(5) To encourage and assist state agencies, counties, municipalities, and regional agencies to exercise their responsibilities and powers in the coastal zone through the development and implementation of comprehensive programs to achieve wise use of coastal resources giving full consideration to ecological, cultural, and historic values as well as to the needs for economic and social development and resources conservation.
(C) In the implementation of the chapter, no government agency shall adopt a rule or regulation or issue any order that is unduly restrictive so as to constitute a taking of property without the payment of just compensation in violation of the Constitution of this State or of the United States.
(D) Critical areas shall be used to provide the combination of uses which will insure ensure the maximum benefit to the people, but not necessarily a combination of uses which will generate measurable maximum dollar benefits. As such, the The use of a critical area for one or a combination of like uses to the exclusion of some or all other uses shall be consistent with the purposes of this chapter.
(E) It shall be the policy of the State to coordinate the coastal planning and management program effort with other coastal states and organizations of coastal states.
Section 48-39-35. The Coastal Division of the Department of Health and Environmental Control is created July 1, 1994.
Section 48-39-40. (A) On July 1, 1994, there There is created the South Carolina Coastal Zone Management Appellate Panel Council which consists of fourteen nine members, which shall act as an advisory council to the Department of Health and Environmental Control. The members of the panel shall be constituted as follows:
(1) eight four members, one from each coastal zone county representing Horry and Georgetown Counties; one representing Berkeley and Dorchester Counties; one representing Charleston and Colleton Counties; and one representing Beaufort and Jasper Counties, to be elected by a majority vote of the members of the House of Representatives and a majority vote of the Senate members representing the county from three nominees submitted by the governing body of each coastal zone county respective counties, each House or Senate member to have one vote; each two-county group must draw lots to determine from which county the first member will be elected; thereafter, membership shall alternate between the counties;
(2) six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in that district, each House or Senate member to have one vote Three members must be appointed by the Governor with the advice and consent of the Senate and must have expertise and experience in fields pertinent to the council's responsibilities and duties including, but not limited to, coastal resource management, coastal geology, marine biology, coastal recreation and tourism, marine structures, and coastal engineering.
(3) Two members must be appointed by the Governor with the advice and consent of the Senate to represent the State at large and without geographical professional qualification, or any other requirements specified.
The panel Governor shall appoint the chairman of the council from among all members and the council shall elect a chairman, vice-chairman, and other officers it considers necessary. The council shall establish standing committees in accordance with council bylaws to assist in the performance of its duties and responsibilities.
(B) Terms of all members are for four years and until successors are appointed and qualify. Members from congressional districts serve terms of two years only as determined by lot at the first meeting of the panel. Vacancies must be filled in the original manner of selection for the remainder of the unexpired term.
(C) On July 1, 1994, members of the South Carolina Coastal Council, become members of the South Carolina Coastal Zone Appellate Panel and continue to serve until their terms expire. Upon the expiration of their terms, members must be selected as provided within this section.
Section 48-39-50. The South Carolina Department of Health and Environmental Control Coastal Council shall have the following has these powers and duties:
(A) To employ the CDPS CCS consisting of, but not limited to, the following professional members: an administrator, a permitting liaison officer, and other staff members to include those having expertise in biology, civil and hydrological engineering, planning, environmental engineering, and environmental law.
(B) To apply for, accept and expend financial assistance from public and private sources in support of activities undertaken pursuant to this chapter and the Federal Coastal Zone Management Act of 1972.
(C) To undertake the related programs necessary to develop and recommend to the Governor and the General Assembly a comprehensive program designed to promote the policies set forth in this chapter.
(D) To hold public hearings and related community forums and afford participation in the development of management programs to all interested citizens, local governments and relevant state and federal agencies, port authorities, and other interested parties.
(E) To promulgate necessary rules and regulations to carry out the provisions of this chapter.
(F) To administer the provisions of this chapter and all rules, regulations and orders promulgated under it.
(G) To examine, modify, approve, or deny applications for permits for activities covered by the provisions of this chapter.
(H) To revoke and suspend permits of persons who fail or refuse to carry out or comply with the terms and conditions of the permit.
(I) To enforce the provisions of this chapter and all rules and regulations promulgated by the department council and institute or cause to be instituted in courts of competent jurisdiction of legal proceedings to compel compliance with the provisions of this chapter.
(J) To manage estuarine and marine sanctuaries and regulate all activities therein, including the regulation of the use of the coastal waters located within the boundary of such the sanctuary.
(K) To establish, control, and administer pipeline corridors and locations of pipelines used for the transportation of any fuel on or in the critical areas.
(L) To direct and coordinate the beach and coastal shore erosion control activities among the various state and local governments.
(M) To implement the state policies declared by this chapter.
(N) To encourage and promote the cooperation and assistance of state agencies, coastal regional councils of government, local governments, federal agencies, and other interested parties.
(O) To exercise all incidental powers necessary to carry out the provisions of this chapter.
(P) To coordinate the efforts of all public and private agencies and organizations engaged in the making of tidal surveys of the coastal zone of this State with the object of avoiding unnecessary duplication and overlapping.
(Q) To serve as a coordinating state agency for any program of tidal surveying conducted by the federal government.
(R) To develop and enforce uniform specifications and regulations for tidal surveying.
(S) To monitor, in coordination with the South Carolina Department of Natural Resources, the waters of the State for oil spills. If such department the South Carolina Department of Natural Resources observes an oil spill in such these waters it shall immediately report such the spill to the South Carolina Department of Health and Environmental Control, Coastal Council, the United States Coast Guard, and the Environmental Protection Agency. This in no way negates the responsibility of the spiller to report a spill.
(T) To direct, as the designated state agency to provide liaison to the regional response team, pursuant to Section 1510.23 of the National Contingency Plan, state supervised removal operations of oil discharged into the waters within the territorial jurisdiction of this State and entering such the waters after being discharged elsewhere within the State, and to seek reimbursement from the National Contingency Fund for removal operations cost expended by it and all other agencies and political subdivisions including county, municipal, and regional governmental entities in removing such oil as provided for in Section 311(C)(2) of the Federal Water Pollution Control Act.
(U) To act as advocate, where the department deems such council considers this action appropriate, on behalf of any person who is granted a permit for a specific development by the department council but is denied a permit by a federal agency for the same specific development.
(V) To delegate any of its powers and duties to the CDPS CCS.
Section 48-39-60. When requested by the department council, the South Carolina Department of Natural Resources shall provide additional staff for the department council, including any additional enforcement officers, necessary to administer the provisions of this chapter and for which funds are available.
Section 48-39-70. (A) All other state and local agencies and commissions shall cooperate with the department council in the administration of enforcement of this chapter. All agencies currently exercising regulatory authority in the coastal zone shall administer such authority in accordance with the provisions of this chapter and rules and regulations promulgated thereunder. The Coastal Council shall devise, and the CCS permit liaison officer shall implement, a procedure to facilitate one-stop permitting in the coastal zone and to ensure inter-agency coordination.
(B) The department council, in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary in connection with the work of the department council. The only exception shall be, that information considered proprietary by the applicant. If in the opinion of the department council a proper decision cannot be rendered without the submission of such proprietary information, the department council shall must be empowered to execute an agreement on confidentiality with the applicant and such the information shall not be made a part of the public record of current or future proceedings.
(C) In case the contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State, or circuit judge thereof within the jurisdiction of which such the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the department council, may issue to such the person an order requiring him to appear before the department council to produce evidence if so ordered or give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the department council and signed by the department council director. Subpoenas shall be issued to such persons as the department council may designate.
Section 48-39-80. The department council shall develop a comprehensive coastal management program, and thereafter have the responsibility for enforcing and administering the program in accordance with the provisions of this chapter and any rules and regulations promulgated under this chapter. In developing the program the department council shall:
(A) Provide a regulatory system which the department council shall use in providing for the orderly and beneficial use of the critical areas.
(B) In devising the management program the department council shall consider all lands and waters in the coastal zone for planning purposes. In addition, the department council shall:
(1) Identify present land uses and coastal resources.
(2) Evaluate these resources in terms of their quality, quantity, and capability for use both now and in the future.
(3) Determine the present and potential uses and the present and potential conflicts in uses of each coastal resource.
(4) Inventory and designate areas of critical state concern within the coastal zone, such as including port areas, significant natural and environmental, industrial, and recreational areas.
(5) Establish broad guidelines on priority of uses in critical areas.
(6) Provide for adequate consideration of the local, regional, state and national interest involved in the siting of facilities for the development, generation, transmission, and distribution of energy, adequate transportation facilities, and other public services necessary to meet requirements which are other than local in nature.
(7) Provide for consideration of whether a proposed activity of an applicant for a federal license or permit complies with the state's coastal zone program and for the issuance of notice to any concerned federal agency as to whether the State concurs with or objects to the proposed activity.
(8) Provide for a review process of the management plan and alterations thereof that involves local, regional, state, and federal agencies.
(9) Conduct other studies and surveys as may be required, including the beach erosion control policy as outlined in this chapter.
(10) Devise a method in accordance with Section 48-39-70(A) by which the permitting process shall be streamlined and simplified so as to avoid duplication.
(11) Develop a system whereby the department council shall have the authority to review all state and federal permit applications in the coastal zone, and to certify that these do not contravene the management plan.
(C) Provide for a review process of the management program and alterations that involve interested citizens as well as local, regional, state, and federal agencies.
(D) Consider the planning and review of existing water quality standards and classifications, consult with the South Carolina Department of Health and Environmental Control, and comment on proposed changes to existing water quality standards and classifications in the coastal zone.
(E) Provide consideration for nature-related uses of critical areas, such as aquaculture, mariculture, waterfowl and wading bird management, game and nongame habitat protection projects, and endangered flora and fauna.
Section 48-39-85. (A) In order to promote safe and clean litter-free beaches, the department council shall develop a program to be known as 'Adopt-A-Beach', whereby an industry or a private civic organization may adopt one mile, or other feasible distance, of South Carolina beach for the sole purpose of controlling litter along that section of beach.
(B) Included in the responsibilities of any industry or private civic organization which chooses to participate in the program shall be the following:
(1) development of a functional plan to influence and encourage the public to improve the appearance of the adopted section of beach;
(2) a general cleanup of the area at least twice a year; and
(3) assistance to the department council in securing media coverage for the program.
Section 48-39-90. (A) The department council, on thirty days' notice, shall hold statewide public hearings on the proposed coastal zone management plan to obtain the views of all interested parties, particularly all interested citizens, agencies, local governments, regional organizations, and port authorities.
(B) All department council documents associated with such these hearings shall be conveniently available to the public for review and study at least thirty days prior to a hearing. A report on each hearing shall be prepared and made available to the public within forty-five days of such the hearing.
(C) After sufficient hearings and upon consideration of the views of interested parties the department council shall propose a final management plan for the coastal zone to the Governor and the General Assembly.
(D) Upon review and approval of the proposed management plan by the Governor and General Assembly, the proposed plan shall become the final management plan for the state's coastal zone.
(E) Any change in or amendment to the final management plan shall be implemented by following the procedures established in subsections (A), (B), (C) and (D) of this section and upon the review and approval of the Governor and the General Assembly.
Section 48-39-100. (A) The management program specified in Section 48-39-90 shall be developed in complete cooperation with affected local governments in the coastal zone. This cooperation shall include, but not be limited to:
(1) Involvement of local governments or their designees in the management program.
(2) Provision of technical assistance and grants to aid local governments in carrying out their responsibilities under this chapter.
(3) Dissemination of improved informational data on coastal resources to local and regional governmental units.
(4) Recommendations to local and regional governmental units as to needed modifications or alterations in local ordinances that become apparent as a result of the generation of improved and more comprehensive information.
(B) Any city or county that is currently enforcing a zoning ordinance, subdivision regulation or building code, a part of which applies to critical areas, shall submit the elements of such these ordinances and regulations applying to critical areas to the department council for review. The department council shall evaluate such these ordinances and plans to determine that they meet the provisions of this chapter and rules and regulations promulgated hereunder under this chapter. Upon determination and approval by the department council, such these ordinances and regulations shall be adopted by the department council, followed by the department council in meeting its permit responsibilities under this chapter and integrated into the Department's council's Coastal Management Program. Any change or modification in the elements of approved zoning ordinances, subdivision regulations, or building codes applying to critical areas shall be disapproved by the department council if it is not in compliance with the provisions of this chapter and rules and regulations promulgated hereunder under this chapter.
(C) Any city or county that is not currently enforcing ordinances or regulations on the critical areas within its jurisdiction at its option may elect to develop a management program for such these critical areas by notifying the department council of its intent within one hundred and eighty days following the twenty-fourth day of May, 1977 effective date of this act. Such These proposed ordinances and regulations applying to critical areas shall be subject to the process specified in Section 48-39-100(B).
(D) Any county or city may delegate some or all of its responsibilities in developing a coastal management program for critical areas under its jurisdiction to the regional council of government of which it is a part, provided the county or city has notified the department council in writing at least thirty days prior to the date on which such the action is to be taken.
Section 48-39-110. The South Carolina State Ports Authority shall prepare and submit to the department council a management plan for port and harbor facilities and navigation channels. Upon approval by the department council of such the management plan it shall become part of the comprehensive coastal management program developed by the department council. The South Carolina State Ports Authority shall include in the management plan a designation of the geographical area appropriate for use by public and private port and harbor facilities and military and naval facilities and submit this to the department council for approval.
Section 48-39-120. (A) The department council shall develop and institute a comprehensive beach erosion control policy that identifies critical erosion areas, evaluates the benefits and costs of erosion control structures funded by the State, considers the dynamic littoral and offshore drift systems, sand dunes, and like items.
(B) The department council for and on behalf of the State may issue permits for erosion control structures following the provisions of this section and Sections 48-39-140 and 48-39-150, on or upon the tidelands and coastal waters of this State as it may deem most advantageous. Provided, however, that no property rebuilt or accreted as a result of natural forces, a beach renourishment project, or as a result of a permitted structure shall exceed the original property line or boundary. Provided, further, that no person or governmental agency may develop oceanfront property accreted by natural forces, a beach renourishment project, or as the result of permitted or nonpermitted structures beyond the mean high-water mark as it existed at the time the oceanfront property was initially developed or subdivided, and such the property shall remain the property of the State held in trust for the people of the State.
(C) The department council shall have the authority to remove all erosion control structures which have an adverse effect on the public interest.
(D) The department council is authorized for and in behalf of the State to accept such federal monies for beach or shore erosion control in areas to which the public has full and complete access as are available and to sign all necessary agreements and to do and perform all necessary acts in connection therewith to effectuate the intent and purposes of such federal aid.
(E) If a beach or shore erosion emergency is declared by the department council, the State, acting through the department council, may spend whatever state funds are available to alleviate beach or shore erosion in areas to which the public has full and complete access, including any funds which may be specifically set aside for such these purposes.
(F) The department council, for and on behalf of the State, may issue permits not otherwise provided by state law, for erosion and water drainage structure in or upon the tidelands, submerged lands and waters of this State below the mean high-water mark as it may deem most advantageous to the State for the purpose of promoting the public health, safety and welfare, the protection of public and private property from beach and shore destruction, and the continued use of tidelands, submerged lands, and waters for public purposes.
Section 48-39-130. (A) Ninety days after July 1, 1977, no person shall utilize a critical area for a use other than the use the critical area was devoted to on such this date unless he has first obtained a permit from the department council.
(B) Within sixty days of July 1, 1977, the department council shall publish and make available the interim rules and regulations it will follow in evaluating permit applications. These interim rules and regulations shall be used in evaluating and granting or denying all permit applications until such the time as the final rules and regulations are adopted in accordance with this section and Chapter 23 of Title 1. Within one hundred and twenty days of July 1, 1977, the department council shall publish and make available to local and regional governments and interested citizens for review and comment a draft of the final rules and regulations it will follow in evaluating permit applications. Sixty days after making such these guidelines available the department council shall hold a public hearing affording all interested persons an opportunity to comment on such these guidelines. Following the public hearing the department council, pursuant to the Administrative Procedures Act, shall in ninety days publish final rules and regulations. Provided, however, the interim rules and regulations shall not be subject to the provisions of Chapter 23 of Title 1.
(C) Ninety days after July 1, 1977, no person shall fill, remove, dredge, drain, or erect any structure on, or in any way alter any critical area without first obtaining a permit from the department council. Provided, however, that a person who has legally commenced a use such as those evidenced by a state permit, as issued by the Budget and Control Board, or a project loan approved by the rural electrification administration or a local building permit or has received a United States Corps of Engineers or Coast Guard permit, where applicable, may continue such this use without obtaining a permit. Any person may request the department council to review any project or activity to determine if he is exempt under this section from the provisions of this chapter. The department council shall make such determinations within forty-five days from the receipt of any such request.
(D) It shall not be necessary to apply for a permit for the following activities:
(1) The accomplishment of emergency orders of an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the department council. However, with regard to the beach/dune critical area, only the use of sandbags, sandscraping, or renourishment, or a combination of them, in accordance with guidelines provided by the department council is allowed pursuant to this item.
(2) Hunting, erecting duckblinds, fishing, shellfishing, and trapping when and where otherwise permitted by law; the conservation, repletion, and research activities of state agencies and educational institutions or boating or other recreation provided that such these activities cause no material harm to the flora, fauna, physical, or aesthetic resources of the area.
(3) The discharge of treated effluent as permitted by law; provided, however, that the department council shall have the authority to review and comment on all proposed permits that would affect critical areas.
(4) Dredge and fill performed by the United States Corps of Engineers for the maintenance of the harbor channels and the collection and disposal of the materials so dredged; provided, however, that the department council shall have authority to review and certify all such proposed dredge and fill activities.
(5) Construction of walkways over sand dunes in accordance with regulations promulgated by the department council.
(6) Emergency repairs to an existing bank, dike, fishing pier, or structure, other than oceanfront erosion control structures or devices, which has have been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly, if notice is given in writing to the department council within seventy-two hours from the onset of the needed repairs.
(7) Maintenance and repair of drainage and sewer facilities constructed in accordance with federal or state laws and normal maintenance and repair of any utility or railroad.
(8) Normal maintenance or repair to any pier or walkway provided that such the maintenance or repair not involve dredge or fill.
(9) Construction or maintenance of a major utility facility where the utility has obtained a certificate for such the facility under 'The Utility Facility Siting and Environmental Protection Act', Chapter 33 of Title 58 of the 1976 Code. Provided, however, that the South Carolina Public Service Commission shall make the department council a party to certification proceedings for utility facilities within the coastal zone.
Section 48-39-140. (A) Any person who wishes may submit development plans to the department council for preliminary review. If a permit is necessary, the department council will make every effort to assist the applicant in expediting the permit application.
(B) Each application for a permit shall be filed with the department council and shall include:
(1) Name and address of the applicant.
(2) A plan or drawing showing the applicant's proposal and the manner or method by which the proposal shall be accomplished.
(3) A plat of the area in which the proposed work will take place.
(4) A copy of the deed, lease, or other instrument under which demonstrates that the applicant claims has title, possession or permission from the owner of the property, to carry out the proposal.
(5) A list of all adjoining landowners and their addresses or a sworn affidavit that with due diligence such this information is not ascertainable.
(C) The department council within thirty days of receipt of an application for a permit shall notify, in writing, interested agencies, all adjoining landowners, local government units in which the land is located and other interested persons of the application and shall indicate the nature of the applicant's proposal. Public notice shall be given at least once by advertisement in state and local newspapers of greatest general circulation in the area concerned. The department council may hold a public hearing on applications which have any effect on a critical area if it deems a hearing necessary. The public hearing shall be held in the county where the land is located and if in more than one county the department council shall determine in which county to hold the hearing or may hold hearings in both counties.
Provided, all interested agencies, all adjoining landowners, local government units and other interested persons shall have thirty days to file a written comment to such the application after receipt of any such notice by the department council.
Section 48-39-145. (A) The department council may charge an administrative fee upon application for a permit for alteration of a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise must be charged an administrative fee not to exceed fifty-one dollars. A reasonable fee, determined by the department council, must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.
(B) Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application. The council shall promulgate regulations to govern the demonstration of need required in this section.
Section 48-39-150. (A) In determining whether a permit application is approved or denied the department council shall base its determination on the individual merits of each application, the policies specified in Sections 48-39-20 and 48-39-30 and be guided by the following general considerations:
(1) The extent to which the activity requires a waterfront location or is economically enhanced by its proximity to the water.
(2) The extent to which the activity would harmfully obstruct the natural flow of navigable water. If the proposed project is in one or more of the state's harbors or in a waterway used for commercial navigation and shipping or in an area set aside for port development in an approved management plan, then a certificate from the South Carolina State Ports Authority declaring the proposed project or activity would not unreasonably interfere with commercial navigation and shipping must be obtained by the department council prior to issuing a permit.
(3) The extent to which the applicant's completed project or activity would affect the production of fish, shrimp, oysters, crabs, or clams or any marine life or wildlife, or other natural resources in a particular area including, but not limited to, water, and oxygen supply, and noise.
(4) The extent to which the activity could cause erosion, shoaling of channels, or creation of stagnant water.
(5) The extent to which the development could affect existing public access to tidal and submerged lands, navigable waters and beaches, or other recreational coastal resources.
(6) The extent to which the development could affect the habitats for rare and endangered species of wildlife or irreplaceable historic and archeological sites of South Carolina's coastal zone.
(7) The extent of the economic benefits as compared with the benefits from preservation of an area in its unaltered state.
(8) The extent of any adverse environmental impact which cannot be avoided by reasonable safeguards.
(9) The extent to which all feasible safeguards are taken to avoid adverse environmental impact resulting from a project.
(10) The extent to which the proposed use could affect the value and enjoyment of adjacent owners including the potential effects of noise produced by a proposed rule.
(B) After considering the views of interested agencies, local governments, and persons, and after evaluation of biological and economic considerations, if the department council finds that the application is not contrary to the policies specified in this chapter, it shall issue to the applicant a permit. The permit may be conditioned upon the applicant's by amending the proposal to take whatever measures the department council feels are necessary to protect the public interest. At the request of twenty citizens or residents of the county or counties affected or a member of the General Assembly representing the county or counties affected, the department council shall hold a public hearing on any application which has an effect on a critical area, prior to issuing a permit. Such The public hearings shall be open to all citizens of the State. When applicable, joint public hearings will be held in conjunction with any such hearings required by the U. S. Army Corps of Engineers. On any permit application pertaining to a specific development which has been approved by the department council, the department council may support the applicant with respect to any federal permit applications pertaining to the same specific development.
(C) The department council shall act upon an application for a permit within ninety days after the application is filed. Provided, however, that in the case of minor developments, as defined in Section 48-39-10, the department council shall have the authority to approve such these permits and shall act within thirty days. In the event a permit is denied the department council shall state the reasons for such denial and such the reasons must be in accordance with the provisions of this chapter.
(D) Any applicant having a permit denied or any person adversely affected by the granting of the permit has the right of direct appeal from the decision of the council to the Administrative Law Judge to the Coastal Zone Management Appellate Panel Division. Any applicant having a permit denied may challenge the validity of any or all reasons given for denial.
(E) Any permit may be revoked for noncompliance with or violation of its terms after written notice of intention to do so has been given the holder and the holder given an opportunity to present an explanation to the department council.
(F) Work authorized by permits issued under this chapter must be completed within five years after the date of issuance. The time limit may be extended for good cause showing that due diligence toward completion of the work has been made as evidenced by significant work progress. An extension only may be granted if the permitted project meets the policies and regulations in force when the extension is requested or the permittee agrees to accept additional conditions which would bring the project into compliance. The time periods required by this subsection must be tolled during the pendency of an administrative or a judicial appeal of the permit issuance.
Section 48-39-160. The circuit court of the county in which the affected critical area or any part thereof lies shall have jurisdiction to restrain a violation of this chapter at the suit of the department council, the Attorney General, or any person adversely affected. In the event the affected critical area lies in more than one county, jurisdiction shall be in the circuit court of any county in which any part of the area lies. In the same action the circuit court having jurisdiction over the affected area may require such the area to be restored to its original condition, if possible, and environmentally desirable. In the alternative, the department council may complete the restoration at the expense of the person altering the area in which case suit for recovery of the amount so expended may be brought in any court having jurisdiction to restrain a violation. No bond shall be required as a condition of the granting of a temporary restraining order under this section, except that the court may in its discretion require that a reasonable bond be posted by any person requesting the court to restrain a violation of this chapter.
Section 48-39-170. (A) Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than five thousand dollars, or both, for the first offense, and imprisoned not more than one year, or fined not more than ten thousand dollars, or both, for each subsequent offense.
(B) Any violation of any provision of this chapter involving five yards square (225 square feet) or less of critical area may be treated as a minor violation, the penalty for which shall be a fine of not less than fifty dollars nor more than two hundred dollars. The enforcement officers of the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources may serve warrants under this provision and otherwise enforce this chapter. The magistrates of this State have jurisdiction over minor violations of this chapter. Each day of noncompliance with any order issued relative to a minor violation or noncompliance with any permit, regulation, standard, or requirement relative to a minor violation shall constitute a separate offense; provided, however, that violations which involve the construction or repair of water control structures shall not be considered minor violations regardless of the area involved.
(C) Any person who is determined to be in violation of any provision of this chapter by the department council shall be liable for, and may be assessed by the department council for, a civil penalty of not less than one hundred dollars nor more than one thousand dollars per day of violation. Whenever the department council determines that any person is in violation of any permit, regulation, standard, or requirement under this chapter, the department council may issue an order requiring such the person to comply with such the permit, regulation, standard, or requirement, including an order requiring restoration when deemed environmentally appropriate by the department council; in addition, the department council may bring a civil enforcement action under this section as well as seeking an appropriate injunctive relief under Section 48-39-160.
(D) All penalties assessed and collected pursuant to this section shall be deposited in the general fund of the State.
Section 48-39-180. Any applicant whose permit application has been finally denied, revoked, suspended, or approved subject to conditions of the department by the Coastal Zone Management Appellate Panel Council and appealed to the Administrative Law Judge Division, or any person adversely affected by the permit, may, within twenty days after receiving notice thereof of the division's order and decision in the appeal, file a petition in the circuit court having jurisdiction over the affected land for a review of the department's council's action 'de novo' or to determine whether the department's council's action so restricts or otherwise affects the use of the property as to deprive the owner of its existing practical use and is an unreasonable exercise of the state's police power because the action constitutes the equivalent of taking without compensation. If the court finds the action to be an unreasonable exercise of the police power it shall enter a finding that the action shall not apply to the land of the plaintiff, or in the alternative, that the department council shall pay reasonable compensation for the loss of use of the land. The use allowed by any permit issued under this chapter may, in the discretion of the court, be stayed pending decision on all appeals that may be taken. The circuit court may in its discretion require that a reasonable bond be posted by any person. It is specifically intended that any person whose permit application has been denied may have such the permit issued by the circuit court having jurisdiction if such the person can prove the reasons given for denial to be invalid.
Section 48-39-190. Nothing in this chapter shall affect the status of the title of the State or any person to any land below the mean highwater high-water mark. The State shall in no way be liable for any damages as a result of the erection of permitted works.
Section 48-39-210. (A) The department council is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and the application for a permit must be acted upon within the time prescribed by this chapter.
(B) A critical area delineation for coastal waters or tidelands established by the department council is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by department council, department the council validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:
'The area shown on this plat is a general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not.'
(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the department date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.
(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three-year time limit and where manmade alterations change the critical area line.
Section 48-39-220. (A) Any person claiming an interest in tidelands which, for the purpose of this section, means all lands except beaches in the coastal zone between the mean high-water mark and the mean low-water mark of navigable waters without regard to the degree of salinity of such the waters, may institute an action against the State of South Carolina for the purpose of determining the existence of any right, title, or interest of such a person in and to such the tidelands as against the State. Service of process shall be made upon the secretary of the State Budget and Control Board.
(B) Any party may demand a trial by jury in any such action by serving upon the other party(s) a demand therefor in writing at any time after the commencement of the action and not later than ten (10) days after the service of the last pleading directed to such the issue. Such A demand may be endorsed upon a pleading of the party.
(C) Nothing contained in this chapter shall be construed to change the law of this State as it exists on July 1, 1977, relative to the right, title, or interest in and to such the tidelands, except as set forth in this section.
(D) The Attorney General shall immediately notify the department council upon receipt of any private suit made under this section, his response to that suit, and the final disposition of the suit. The department will council shall publish all such notifications in the State Register.
Section 48-39-250. The General Assembly finds that:
(1) The beach and beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions:
(a) protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner;
(b) provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues;
(c) provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach and beach/dune system also provide habitat for many other marine species;
(d) provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well being.
(2) Beach and beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system.
(3) Many miles of South Carolina's beaches have been identified as critically eroding.
(4) Chapter 39 of Title 48, Coastal Tidelands and Wetlands, prior to 1988, did not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach and beach/dune system.
Consequently, without adequate controls, development unwisely has been sited too close to the system. This type of development has jeopardized the stability of the beach and beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development.
(5) The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beachfront property owners. In reality, these hard structures, in many instances, have increased the vulnerability of beachfront property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry.
(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach and beach/dune system. It is in both the public and private interests to afford the beach and beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach and beach/dune system and encouraging those who have erected structures too close to the system to retreat from it.
(7) Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the longshore transport of sand, may deprive downdrift beach and beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also may deprive the beach and beach/dune system of much needed sand.
(8) It is in the state's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike.
(9) Present funding for the protection, management, and enhancement of the beach and beach/dune system is inadequate.
(10) There is no coordinated state policy for post-storm emergency management of the beach and beach/dune system.
(11) A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and manage effectively the beach and beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system.
Section 48-39-260. In recognition of its stewardship responsibilities, the policy of South Carolina is to:
(1) protect, preserve, restore, and enhance the beach and beach/dune system, the highest and best uses of which are declared to provide:
(a) protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion;
(b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;
(c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;
(d) natural habitat for indigenous flora and fauna including endangered species;
(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach and beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;
(3) severely restrict the use of hard erosion control devices to armor the beach and beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the department council which will provide for the protection of the shoreline without long-term adverse effects;
(4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach and beach/dune system;
(5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;
(6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;
(7) involve local governments in long-range comprehensive planning and management of the beach and beach/dune system in which they have a vested interest;
(8) establish procedures and guidelines for the emergency management of the beach and beach/dune system following a significant storm event.
Section 48-39-270. As used in this chapter:
(1) Erosion control structures or devices include:
(a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces;
(b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;
(c) revetment: a sloping structure built along an escarpment or in front of a bulkhead to protect the shoreline or bulkhead from erosion.
(2) Habitable structure means a structure suitable for human habitation including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure but, if a building is divided into apartments, then the entire building, not the individual apartment, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.
(3) Department Council means the Department of Health and Environmental Control South Carolina Coastal Council.
(4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide.
(5) The beach and beach/dune system includes all land from the mean high-water mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.
(6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by tidal inlets or associated inlet shoals.
(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals.
(8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.
(9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms, master plan, or planned unit development.
(10) Planned unit development means a residential, commercial, or industrial development, or all three, designed as a unit and approved by local government.
(11) Destroyed beyond repair means that more than sixty-six and two-thirds percent of the replacement value of the habitable structure or pool has been destroyed. If the owner disagrees with the appraisal of the department council, he may obtain an appraisal to evaluate the damage to the building or pool. If the appraisals differ, then the two appraisers must select a third appraiser. If the two appraisers are unable to select a third appraiser, the clerk of court of the county where the structure lies must make the selection. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner.
(12) Pool is a structure designed and used for swimming and wading.
(13) Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean.
Section 48-39-280. (A) A forty-year policy of retreat from the shoreline is established. The department council must implement this policy and must utilize the best available scientific and historical data in the implementation. The department council must establish a baseline which parallels the shoreline for each standard erosion zone and each inlet erosion zone.
(1) The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the department council using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.
(2) The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the department council as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the department council, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.
(3) The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized.
(4) Notwithstanding any other provision of this section, where a department-approved council-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition an administrative law judge to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the department council in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by department-approved council-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the administrative law judge grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the department council. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department council must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an administrative law judge's decision under this section may be made to the Coastal Zone Management Appellate Panel circuit court.
(B) To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the department council as a part of the State Comprehensive Beach Management Plan.
(C) The department council, before July 3, 1991, must establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the department council must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department council must hold one public hearing before establishing the final baseline and setback lines. Until the department council establishes new baselines and setback lines, the existing baselines and setback lines must be used. The department council may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.
(D) In order to locate the baseline and the setback line, the department council must establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The department council must acquire sufficient surveyed topographical information on which to locate the baseline. Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the department council, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the department council is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered. The department council, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.
(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to by the Coastal Zone Management Appellate Panel Council and handled in accordance with the department's council's regulations on appeals to the Administrative Law Judge Division.
Section 48-39-290. (A) No new construction or reconstruction is allowed seaward of the baseline except:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than one hundred forty-four square feet;
(3) fishing piers which are open to the public. Those fishing piers with their associated structures including, but not limited to, baitshops, restrooms, restaurants, and arcades which existed September 21, 1989 may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed if they are landward of an existing, functional erosion control structure or device. A permit must be obtained from the department council for items (2) through (7).
(B) Construction, reconstruction, or alterations between the baseline and the setback line are governed as follows:
(1) Habitable structures:
(a) New habitable structures: If part of a new habitable structure is constructed seaward of the setback line, the owner must certify in writing to the department council that the construction meets the following requirements:
(i) The habitable structure is no larger than five thousand square feet of heated space. The structure must be located as far landward on the property as practicable. A drawing must be submitted to the department council showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which may be in effect. No erosion control structure or device may be incorporated as an integral part of a habitable structure constructed pursuant to this section.
(ii) No part of the building is being constructed on the primary oceanfront sand dune or seaward of the baseline.
(b) Habitable structures which existed on the effective date of Act 634 of 1988 or constructed pursuant to this section:
(i) Normal maintenance and repair of habitable structures is allowed without notice to the department council.
(ii) Additions to habitable structures are allowed if the additions together with the existing structure do not exceed five thousand square feet of heated space. Additions to habitable structures must comply with the conditions of new habitable structures as set forth in subitem (a).
(iii) Repair or renovation of habitable structures damaged, but not destroyed beyond repair, due to natural or manmade causes is allowed.
(iv) Replacement of habitable structures destroyed beyond repair due to natural causes is allowed after notification is provided by the owner to the department council that all of the following requirements are met:
a. The total square footage of the replaced structure seaward of the setback line does not exceed the total square footage of the original structure seaward of the setback line. The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast.
b. The replaced structure is no farther seaward than the original structure.
c. Where possible, the replaced structure is moved landward of the setback line or, if not possible, then as far landward as is practicable, considering local zoning and parking regulations.
d. The reconstruction is not seaward of the baseline unless permitted elsewhere in Sections 48-39-250 through 48-39-360.
( v) Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure.
(2) Erosion control devices:
(a) No new erosion control structures or devices are allowed seaward of the setback line except to protect a public highway which existed on the effective date of this act.
(b) Erosion control structures or devices which existed on the effective date of this act must not be repaired or replaced if destroyed:
(i) more than eighty percent above grade through June 30, 1995;
(ii) more than sixty-six and two-thirds percent above grade from July 1, 1995 through June 30, 2005;
(iii) more than fifty percent above grade after June 30, 2005.;
(iv) damage to seawalls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage assessment. The portion of the structure or device above grade parallel to the shoreline must be evaluated. The length of the structure or device parallel to the shoreline still intact must be compared to the length of the structure or device parallel to the shoreline which has been destroyed. The length of the structure or device parallel to the shoreline determined to be destroyed divided by the total length of the original structure or device parallel to the shoreline yields the percent destroyed. Those portions of the structure or device standing, cracked or broken piles, whalers, and panels must be assessed on an individual basis to ascertain if these components are repairable or if replacement is required. Revetments must be judged on the extent of displacement of stone, effort required to return these stones to the prestorm event configuration of the structure or device, and ability of the revetment to retain backfill material at the time of damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the department council, he may obtain an assessment by a registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. If the two assessments differ, then the two engineers who performed the assessments must select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the clerk of court of the county where the structure or device lies must make the selection of a registered professional engineer. The determination of percentage of damage by the third engineer is conclusive.;
(v) the determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps.;
(vi) erosion control structures or devices must not be enlarged, strengthened, or rebuilt but may be maintained in their present condition if not destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii). Repairs must be made with materials similar to those of the structure or device being repaired.
(c) Erosion control structures or devices determined to be destroyed more than the percentage allowed in Section 48-39-290(B)(2)(b)(i), (ii), and (iii) must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure or a device protecting a public highway which existed on the effective date of Act 634 of 1988.
(d) The provisions of this section do not affect or modify the provisions of Section 48-39-120 (C).
(e) Subitem (a) does not apply to a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet of which twenty thousand, ninety feet of shoreline is revetted with existing erosion control devices and one hundred twenty feet of shoreline is not revetted with existing erosion control devices. Nothing contained in this subitem makes this island eligible for beach renourishment funds.
(3) Pools, as defined in Section 48-39-270(12):
(a) No new pools may be constructed seaward of the setback line unless the pool is built landward of an erosion control structure or device which was in existence or permitted on the effective date of this act and is built as far landward as practical.
(b) Normal maintenance and repair is allowed without notice to the department council.
(c) If a pool, existing on July 1, 1988, is destroyed beyond repair, as determined by the department council pursuant to Section 48-39-270(11), it may be replaced if the owner certifies in writing to the department council that:
(i) it is moved as far landward as practical. This determination of practicality must include the consideration of local zoning requirements.
(ii) it is rebuilt no larger than the destroyed pool.
(iii) it is constructed according to acceptable standards of pool construction and cannot be reinforced in a manner so as to act as an erosion control structure or device.
(d) If a pool is not destroyed beyond repair as determined by the department council pursuant to Section 48-39-270(11) but the owner wishes to replace it, the owner may do so if:
(i) The dimensions of the pool are not enlarged.
(ii) The construction conforms to sub-subitem (iii) of subitem (c).
(4) All other construction or alteration between the baseline and the setback line requires a department council permit. However, the department council, in its discretion, may issue general permits for construction or alterations where issuance of the general permits would advance the implementation and accomplishment of the goals and purposes of Sections 48-39-250 through 48-39-360.
(C)(1) Notwithstanding the provisions relating to new construction, a person, partnership, or corporation owning real property that is affected by the setback line as established in Section 48-39-280 may proceed with construction pursuant to a valid building permit issued as of the effective date of this section. The person, partnership, or corporation may proceed with the construction of buildings and other elements of a master plan, planned development, or planned unit development notwithstanding the setback line established in this chapter if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:
(a) All building permits have been applied for or issued by a local government before July 1, 1988.
(b) There is a master plan, planned development, or planned unit development:
(i) that has been approved in writing by a local government before July 1, 1988; or
(ii) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.
(2) However, repairs performed on a habitable structure built pursuant to this section are subject to the guidelines for repairs as set forth in this section.
(3) Nothing in this section prohibits the construction of fishing piers or structures which enhance beach access seaward of the baseline, if permitted by the department council.
(D) Special permits:
(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the department council may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach and, if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the department council orders the removal. However, the use of the property authorized under this provision, in the determination of the department council, must not be detrimental to the public health, safety, or welfare.
(2) The department's Permitting Committee is the committee to consider applications for special permits.
(3) In granting a special permit, the committee council may impose reasonable additional conditions and safeguards as, in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.
(4) (3) A party aggrieved by the committee's council's decision to grant or deny a special permit application may appeal to the full Coastal Zone Management Appellate Panel Administrative Law Judge Division pursuant to Section 48-39-150(D).
(E) The provisions of this section and Section 48-39-280 do not apply to an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the federal Rivers and Harbors Act of 1968, as amended by the federal Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Nothing contained in this subsection makes this area ineligible for beach renourishment funds. The baseline determined by the local governing body and the department council is the line of erosion control devices and structures and the department council retains its jurisdiction seaward of the baseline. In addition, upon completion of a department council-approved beach renourishment project, including the completion of a sand transfer system if necessary for long-term stabilization, an area under a Section 111 Study becomes subject to all the provisions of this chapter. For the purposes of this section, a beach nourishment project stabilizing the beach exists if a successful restoration project is completed consisting of at least one hundred fifty cubic yards a foot over a length of five and one-half miles, with a project design capable of withstanding a one-in-ten-year storm, as determined by department council, and renourishment is conducted annually at a rate, agreed upon by the department council and local governing body, equivalent to that which would occur naturally if the navigation project causing the erosion did not exist. If the two parties cannot agree, then the department council must obtain the opinion of an independent third party. Any habitable structure located in an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study, which was in existence on September 21, 1989, and was over forty years old on that date and is designated by the local governing body as an a historical landmark may be rebuilt seaward of the baseline if it is rebuilt to the exact specifications, dimensions, and exterior appearance of the structure as it existed on that date.
Section 48-39-300. A local governing body, if it notifies the department council before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure.
Section 48-39-305. (A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.
(B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.
Section 48-39-310. The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.
Section 48-39-320. (A) The department's council's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:
(1) development of the data base database for the state's coastal areas to provide essential information necessary to make informed and scientifically-based decisions concerning the maintenance or enhancement of the beach and beach/dune system;
(2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:
(a) beach and beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on flora and fauna, and funding alternatives;
(b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;
(c) maintenance of a dry sand and ecologically stable beach;
(d) protection of all sand dunes seaward of the setback line;
(e) protection of endangered species, threatened species, and important habitats such as nesting grounds;
(f) regulation of vehicular traffic upon the beaches and the beach and beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;
(g) development of a mitigation policy for construction allowed seaward of the setback line, which must include public access ways, nourishment, vegetation, and other appropriate means;
(3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;
(4) development of a program on public education and awareness of the importance of the beach and beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;
(5) assistance to local governments in developing the local comprehensive beach management plans.
(B) The plan provided for in this section is to be used for planning purposes only and must not be used by the department council to exercise regulatory authority not otherwise granted in this chapter, unless the plan is created and adopted pursuant to Chapter 23 of Title 1.
Section 48-39-330. Thirty days after the initial adoption by the department council of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the department council for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section.
The provisions of this section are regulatory in nature and do not affect the legality of an instrument violating the provisions.
Section 48-39-340. Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach and beach/dune system of the State as established by priority by the department council.
Section 48-39-345. Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost-shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost-sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division Council of the South Carolina Department of Health and Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.
Section 48-39-350. (A) The local governments must prepare by July 1, 1991, in coordination with the department council, a local comprehensive beach management plan which must be submitted for approval to the department council. The local comprehensive beach management plan, at a minimum, must contain all of the following:
(1) an inventory of beach profile data and historic erosion rate data provided by the department council for each standard erosion zone and inlet erosion zone under the local jurisdiction;
(2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;
(3) an inventory of all structures located in the area seaward of the setback line;
(4) an inventory of turtle nesting and important habitats of the beach and beach/dune system and a protection and restoration plan if necessary;
(5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;
(6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;
(7) a drainage plan for the area seaward of the setback zone;
(8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;
(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;
(10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State. The plan must be updated at least every five years in coordination with the department council following its approval. The local governments and the department council must implement the plan by July 1, 1992.
(B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the department council must impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach and beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the department council in its administrative capacities.
Section 48-39-355. A permit is not required for an activity specifically authorized in this chapter. However, the department council may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.
Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet."
D. Section 48-55-10(A)(7) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(7) South Carolina Coastal Division Council of the Department of Health and Environmental Control by the department's council's director chairman;"
E. Section 49-6-30 1.(e) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(e) South Carolina Coastal Division Council of the Department of Health and Environmental Control;"
F. The first paragraph of Section 50-17-390 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The department council has jurisdiction over all natural shell deposits, including those of oysters, clams, and other mollusks occurring upon or within state-owned bottoms. In addition, the department council has jurisdiction over all shell deposits lying above the mean high-water mark if the deposits have been created by processes of natural accretion upon state-owned lands or bottoms. The South Carolina Coastal division Council of the Department of Health and Environmental Control permit requirements for alteration of critical areas apply to the removal of all shell deposits within a critical area."
G. (A) On this section's effective date the employees, current appropriations, and personal property of the Coastal Division of the Department of Health and Environmental Control are transferred to the South Carolina Coastal Council.
(B) All classified or unclassified personnel employed by the Coastal Division of the Department of Health and Environmental Control, on the effective date of this section, either by contract or by employment at will, become employees of the South Carolina Coastal Council with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe the manner in which the transfer provided for in this section must be accomplished.
(C) Employees of the South Carolina Coastal Council pursuant to this section shall continue to occupy the same office locations and facilities which they occupied as employees of the Coastal Division unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the Department of Health and Environmental Control formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the Coastal Division of the South Carolina Department of Health and Environmental Control which formerly employed these personnel shall continue to remain the property of the Department of Health and Environmental Control, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the South Carolina Coastal Council.
(D) All proceedings pending and all rights and liabilities including contractual rights and obligations, existing, acquired, or incurred at the time this section takes effect involving the Coastal Division of the Department of Health and Environmental Control, are saved and are transferred to the South Carolina Coastal Council.
H. Members serving on the Coastal Zone Management Appellate Council pursuant to Section 48-39-40, as amended by Section 3 of this section, shall continue to serve as members of the South Carolina Coastal Council pursuant to their terms under the Coastal Zone Management Appellate Council and until these terms expire and their successors are appointed and qualify. /
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator BRANTON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
On motion of Senator MARTIN, with unanimous consent, Amendment No. 155A was taken up for immediate consideration.
Senator MARTIN proposed the following Amendment No. 155A (3696R228.LAM), which was adopted (#59):
Amend Amendment No. 91 bearing Document Number 15615HTC99.DOC, by striking the amendment in its entirety and inserting in lieu thereof:
Amend the bill, as and if amended, Part II, Permanent Provisions, Page 581, by striking Section 73 and inserting:
TO AMEND SECTION 12-6-3385 OF THE 1976 CODE RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT SO AS TO REVISE THE NUMBER OF CREDIT HOURS NECESSARY FOR THE TUITION TAX CREDIT FROM FIFTEEN CREDIT HOURS A SEMESTER TO THIRTY CREDIT HOURS A YEAR, TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSES IS ONLY INELIGIBLE FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION OCCURRED, AND TO AMEND SECTION 59-149-90 RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSES IS ONLY INELIGIBLE FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION OCCURRED.
A. Section 12-6-3385(B)(3) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least fifteen thirty credit hours a semester each year, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degree seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug related misdemeanor offenses is only ineligible for the taxable year in which the adjudication occurred;
(f) who is in good standing at the institution attended;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient."
B. Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship., except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug related misdemeanor offenses is only ineligible for one calendar year after the adjudication occurred."
C. For tax year 1998, the department must recognize a tax credit for an individual paying the tuition for a student who, during the fall semester, completed a minimum of fifteen credit hours, or its equivalent, as determined by the Commission on Higher Education. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that, unless a member requests a vote on a specific Part II section, the several sections comprising Part II would be deemed adopted pursuant to the provisions of Rule 24B.
There was no objection and Part II of the General Appropriation Bill was adopted.
Senator REESE proposed the following Amendment No. 120 (BD005.DOC), which was tabled:
Amend the bill, as and if amended, Part III, Section 1, Board for Technical and Comprehensive Education, page 607, item 2, by inserting after line 11 and before line 12 the following:
/ Spartanburg Technical College 2,000,000 /
Renumber sections to conform./
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 138A (3696R234.JCL), which was adopted (#60A):
Amend the bill, as and if amended, Part III, page 607, by deleting line 30 and inserting the following after line 31:
/ Council for Conflict Resolution 200,000 /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senators DRUMMOND and HOLLAND spoke on the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 12A was taken up for immediate consideration.
Senator DRUMMOND proposed the following Amendment No. 12A (CEB004.DOC), which was adopted (#61):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item to read:
/( ) Budget and Control Board
Employee 401K $5,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
The amendment was adopted.
Senator J.VERNE SMITH proposed the following Amendment No. 17 (MFC021.DOC), which was adopted (#62):
Amend the bill, as and if amended, Part III, Section 1, page 608, line 9, by striking:
/University Center-Rent at McAllister Square 1,131,000/
Amend the bill further, as and if amended, Part III, Section 1, page 608, line 9, by inserting an appropriately numbered item to read:
/( ) Greenville Technical College - University Center 1,131,000/
Renumber sections to conform.
Amend sections, totals and title to conform. /
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators LAND, HAYES and O'DELL proposed the following Amendment No. 187 (9271SOM99.DOC), which was adopted (#63):
Amend the bill, as and if amended, Part II, by striking SECTION 69 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR A LOSS ARISING FROM THE FAILURE OF A COMPUTER, SOFTWARE PROGRAM, DATABASE, NETWORK, INFORMATION SYSTEM, FIRMWARE, OR ANY OTHER DEVICE, WHETHER OPERATED BY OR ON BEHALF OF THE GOVERNMENTAL ENTITY, TO INTERPRET, PRODUCE, CALCULATE, GENERATE, OR ACCOUNT FOR A DATE WHICH IS COMPATIBLE WITH THE "YEAR 2000" DATE CHANGE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A GOVERNMENTAL ENTITY WHICH PROGRAMMED AND OPERATED THE DEVICE ITSELF IN A WILFUL, WANTON, RECKLESS, OR GROSSLY NEGLIGENT MANNER THEREBY CAUSING A YEAR 2000 COMPUTER FAILURE.
The 1976 Code is amended by adding:
"Section 15-1-330. A governmental entity is not liable for a loss arising from the failure of a computer, software program, database, network, information system, firmware, or any other device, whether operated by or on behalf of the governmental entity, to interpret, produce, calculate, generate, or account for a date which is compatible with the 'Year 2000' date change. However, this immunity does not apply to a governmental entity which programmed and operated the device itself in a wilful, wanton, reckless, or grossly negligent manner thereby causing a Year 2000 computer failure."/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Amendment No. 35
Senator LAND proposed the following Amendment No. 35 (NIC004.DOC), which was adopted (#64):
Amend the bill, as and if amended, Part IV, Section 2, page 613, line 25, item (a), by
STRIKING: /Contract Provider Cost of Living Increases/
and
INSERTING: /Utilities and Insurance Expenses/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 43 (3696R300.ELP), which was tabled:
Amend the bill, as and if amended, Part IV, Section 2, page 614, after line 11, by adding the following:
/ ( ) School of the Building Arts $100,000 / Amend the bill further, as and if amended, Part IV, Section 4, page 617, after line 28, by inserting:
/ 4.___. (PRT: Charleston County Jail) The one hundred thousand dollars ($100,000) appropriated to the department must be used for the preservation and restoration of the Old Charleston County Jail which is now known as the School of the Building Arts. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
At 5:32 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 5:45 P.M.
At 5:50 P.M., the Senate resumed.
At 5:50 P.M., on motion of Senator MCGILL, the Senate receded from business until 6:00 P.M.
At 6:08 P.M., the Senate resumed.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 122A was substituted for Amendment No. 122 and adopted.
Senator THOMAS and HUTTO proposed the following Amendment No. 122A (22302CM99.DOC), which was adopted:
Amend the bill, as and if amended, Part II, by adding the following appropriately numbered section:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-395 SO AS TO PROVIDE THAT THE REINSTATEMENT FEE FOR A DRIVER'S LICENSE WHICH HAS BEEN SUSPENDED MUST BE REFUNDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED BECAUSE OF THE FAILURE TO PAY A FINE IMPOSED PURSUANT TO A TRAFFIC VIOLATION, AND WHO IS SUBSEQUENTLY ISSUED A CITATION FOR DRIVING UNDER SUSPENSION IN THIS STATE, MUST NOT BE TAKEN INTO CUSTODY IF THE SOLE BASIS FOR THE SUSPENSION IS THE FAILURE TO PAY THE FINE FOR THE TRAFFIC VIOLATION.
A. The 1976 Code is amended by adding:
"Section 56-1-395. (A) The reinstatement fee for a driver's license which has been suspended must be refunded if the suspension was imposed by the department for failure to pay a fine for a traffic violation committed in another state, and the department receives evidence that the out-of-state fine was paid before the imposition of the suspension.
(B) A person whose license is suspended because of the failure to pay a fine imposed pursuant to a traffic violation, and who is subsequently issued a citation for driving under suspension in this State, must not be taken into custody for driving under suspension if the sole basis for the suspension is the failure to pay the fine for the traffic violation."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend sections, totals and title to conform.
On motion of Senator THOMAS, with unanimous consent, the amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 149 (11335DW99.DOC), which was adopted (#65):
Amend the bill, as and if amended, Part IV, Section 3, page 615, beginning on line 32 by striking item (11) in its entirety and inserting:
/ (11) South Carolina State University
(a) Compliance with the Department of Health and
Environmental Control Health and Safety Audit 1,900,000
(b) Match - Federal Transportation Grant 600,000
(c) Business School Accreditation 500,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 39 (SBD/008.DOC), which was adopted (#66):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, after item (38), by inserting:
/ (___) University of South Carolina - Salkehatchie
Campus Facility Upgrade 2,100,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 40 (MFC015.DOC), which was adopted (#67):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item to read:
/( ) Commission on Higher Education
University Center Marketing 75,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator GIESE proposed the following Amendment No. 52 (BBH016.DOC), which was tabled:
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item to read:
/( ) DEPARTMENT OF SOCIAL SERVICES
S.C. Alliance of Boys & Girls Clubs, Inc. 500,000/
Renumber sections to conform.
Amend sections, totals and title to conform. /
Senator GIESE explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators COURSON, GIESE and JACKSON proposed the following Amendment No. 56 (3696R201.JEC), which was tabled:
Amend the bill, as and if amended, Part IV, SECTION 3, by adding an appropriately numbered item at the end to read:
/ ( ) Governor's Office - SLED
Sheriff's Substation - Lower Richland County 100,000 /
Renumber sections to conform.
Amend title to conform.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator COURSON proposed the following Amendment No. 57 (3696R205.JEC.DOC), which was tabled:
Amend the bill, as and if amended, Part IV, Section 3, by adding an appropriately numbered new item at the end to read:
/ ( ) Parks, Recreation and Tourism
Regional Tourism Centers 550,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator DRUMMOND proposed the following Amendment No. 58A (BD021.DOC), which was adopted (#69):
Amend the bill, as and if amended, Part IV, Section 3, page 617, by inserting on line 20 an appropriately numbered item:
/ ( )Department of Commerce
Advertising 500,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators HUTTO and SHORT proposed the following Amendment No. 74A (JCK0015.DOC), which was adopted (#69):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting:
/ ( ) Department of Alcohol and Other Drug Abuse Services
Alcohol and Drug Abuse Services Medicaid Match $1,500,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 89 (3696R213.JWM), which was adopted (#70):
Amend the bill, as and if amended, Part IV, SECTION 3, by adding an appropriately numbered item at the end to read:
/ ( ) Department of Agriculture
Marketing for Limited Resource Farmers 50,000 /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 77 (BD020.DOC), which was adopted (#71):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item to read:
/ ( ) Department of Natural Resources
Walhalla State Fish Hatchery 75,000
The Department of Natural Resources shall provide the funds authorized for the Walhalla State Fish Hatchery facility improvement only on the condition that matching federal funds of at least $225,000 have been obtained by the Department. The funds authorized shall lapse to the General Fund if the other specified funds are not available by June 30, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators PATTERSON, MATTHEWS, ANDERSON, FORD, GLOVER, JACKSON and WASHINGTON proposed the following Amendment No. 92 (3696R215.JWM), which was adopted (#72):
Amend the bill, as and if amended, Part IV, SECTION 3, by adding an appropriately numbered item at the end to read:
/ ( ) Commission on Higher Education
Access and Equity 1,000,000 /
Renumber sections to conform.
Amend title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators JACKSON, ANDERSON and SHORT proposed the following Amendment No. 145A (3696R500.DJ), which was adopted (#73):
Amend the bill, as and if amended, Part IV, SECTION 3, page 616, by striking line 23 and inserting:
/ Laptop Computers for SAT Preparation 1,000,000
Homework Centers 1,000,000
Amend further, page 617, by adding after line 19, the following new item to be appropriately numbered to read:
/ Laptop Computers for SAT Preparation 1,000,000 /
Amend further, Section 4, page 617, by adding the following at the end of the Section:
/ The $1,000,000 appropriated above for Homework Centers shall be used to fund a competitive grant program to be administered by the Department of Education for homework centers. Homework Centers shall provide assistance to students in understanding and completing their school work. The grants may be made available to organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and operating in the geographical area of school districts which are not eligible for funds appropriated for Homework Centers on the basis of being an "impaired" school district for purposes of the Education Accountability Act. Not more than $40,000 shall be issued to grant applicants in the geographical area of a single school district. The Department of Education shall develop eligibility criteria for grant applicants. Preference shall be given to grant applicants: (1) serving socially and economically disadvantaged students, and (2) serving entire attendance zones within a school district. /
Renumber sections to conform.
Amend totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators O'DELL, WALDREP, MARTIN and ALEXANDER proposed the following Amendment No. 95A (3696R232.WHO), which was adopted (#74):
Amend the bill, as and if amended, Part IV, SECTION 3, page 617, after line 19, by inserting an appropriately numbered new item to read:
/ ( ) Tri-County Technical College
Health Sciences Building Construction/Renovation 300,000 /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was adopted.
Senators O'DELL, WALDREP and ALEXANDER proposed the following Amendment No. 97A (3696R336.WHO), which was adopted (#75):
Amend the bill, as and if amended, Part IV, Section 3, page 617, after line 20, by adding an appropriately numbered new item to read:
/ ( ) Williamston Career Center/
Building Expansion 150,000 /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senators O'DELL, WALDREP and ALEXANDER proposed the following Amendment No. 98 (JCK0004.DOC), which was adopted (#76):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item by inserting:
/Anderson County Farmers' Market $100,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senators RUSSELL and REESE proposed the following Amendment No. 114A (3696R334.JRR), which was adopted (#77):
Amend the bill, as and if amended, Part IV, Section 3, page 617, after line 20, by adding an appropriately numbered new item to read:
/ ( ) Department of Commerce
Landrum Alive Downtown Beautification 60,000 /
Renumber sections to conform.
Amend title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 127 (NIC005.DOC), which was adopted (#78):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item to read:
/( ) Department of Commerce
Self Genetics Center $3,500,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 147 (NIC0016.DOC), which was tabled:
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting an appropriately numbered item to read:
/( ) Department of Natural Resources
Bonneau Beach Boat Landing Improvements $500,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RANKIN proposed the following Amendment No. 159 (3696R227.LAR), which was tabled:
Amend the bill, as and if amended, Part IV, SECTION 3, page 617, after line 19, by adding an appropriately numbered new item to read:
/ ( ) Horry County Theater of the Republic Center 150,000 /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RANKIN proposed the following Amendment No. 160 (3696R226.LAR), which was tabled:
Amend the bill, as and if amended, Part IV, SECTION 3, page 617, after line 19, by adding an appropriately numbered new item to read:
/ ( ) Regional Tourism Commissions 550,000 /
Renumber sections to conform.
Amend title to conform.
Senator RANKIN explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators J. VERNE SMITH and O'DELL proposed the following Amendment No. 178 (BBH022.DOC), which was adopted (#79):
Amend the bill, as and if amended, Part IV, Section 3, page 617, line 20, by inserting:
/( ) Department of Health & Human Services
Hospital Medicaid Match 2,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 78B (3696R229.PPL), which was adopted (#80):
Amend the bill, as and if amended, Part IV, page 617, after line 19, by inserting a new item to be appropriately numbered to read:
/ ( ) Department of Insurance 2,900,000 /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 41B (3696R329.HSP), which was adopted (#81):
Amend the bill, as and if amended, Part IV, Section 3, page 617, after line 19, by inserting a new item to be appropriately numbered to read:
/ ( ) Cherokee County Library 500,000 /
Amend the bill further, as and if amended, Part IV, Section 4, by adding the following at the end:
/ The funds authorized for the Cherokee County Library in Section 3 of this part shall not be expended if the funding for the library is authorized in other legislation adopted by the General Assembly and approved by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senators McCONNELL, PASSAILAIGUE, RAVENEL, BRANTON and McGILL proposed the following Amendment No. 69A (3696R328.GFM), which was adopted (#82):
Amend the bill, as and if amended, Part IV, SECTION 3, page 617, by adding after line 19 an appropriately numbered subitem to read:
/ ( ) H.L. Hunley 3,000,000 /
Amend the bill further, as and if amended, Part IV, SECTION 4, by adding after line 28 a new SECTION to read:
/ The three million dollars ($3,000,000) appropriated to the department must be used for the recovery, restoration, and renovation of the H.L. Hunley. /
Renumber sections to conform.
Amend totals and title to conform.
Senator McCONNELL explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators COURTNEY, WASHINGTON and BRANTON proposed the following Amendment No. 142B (3696R330.JEC), which was adopted (#83):
Amend the bill, as and if amended, Part IV, Section 3, page 617, after line 19, by adding the following:
/ ( ) Department of Health and Environmental Control
VA Nursing Home Construction - Match 3,500,000 /
Renumber sections to conform.
Amend title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 190 (3696R335.JWM), which was adopted (#84):
Amend the bill, as and if amended, Part IV, Section 3, page 617, after line 19, by adding an appropriately numbered new item to read:
/ ( ) Department of Education
Additional Impaired School Districts 1,228,000 /
Amend the bill further, as and if amended, Part IV, SECTION 4, by adding at the end the following:
/ For the purposes of the distribution of funds appropriated for additional impaired school districts, the funds shall be used for homework centers, retraining grants, and principal mentors programs of the Education Accountability Act for all additional school districts formerly declared impaired with at least eighty percent of their students eligible for free and reduced lunch program or any attendance areas of districts which were districts formerly declared impaired with at least eight percent of their students eligible for free and reduced lunch program. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 159 was tabled.
There was no objection.
The question then was the adoption of Amendment No. 159.
Senator RANKIN proposed the following Amendment No. 159 (3696R227.LAR), which was adopted (#85):
Amend the bill, as and if amended, Part IV, SECTION 3, page 617, after line 19, by adding an appropriately numbered new item to read:
/ ( ) Horry County Theater of the Republic Center 150,000 /
Renumber sections to conform.
Amend title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator HOLLAND, with unanimous consent, Amendment No. 189 was taken up for immediate consideration.
Senators HOLLAND and LEATHERMAN proposed the following Amendment No. 189 (11341MM99.DOC), which was adopted (#86):
Amend the bill, as and if amended, Part IV, Section 3, by adding at the end an appropriately numbered item to read:
/( ) Chesterfield-Marlboro TEC Loop Road 180,000/
Renumber items and sections to conform.
Amend sections, totals and title to conform.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 53A (3696R314.ELP), which was adopted (#87):
Amend the bill, as and if amended, Part IV, Section 4, page 617, after line 28, by adding the following:
/ A refundable tax credit, known as the "food income tax credit" is allowed for each South Carolina resident who files an individual income tax return for calendar year 1999 and qualifies for the federal "earned income tax credit", as defined in Internal Revenue Code Section 32. To the extent funds are available, the credit permitted is up to one hundred dollars on each return.
Any funds remaining in excess of the appropriations designated in Section 3 above and the refundable "food income tax credit" must be deposited into the Local Match Personal Property Tax Relief Fund and expended as provided in Section 12-45-85. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford * Giese Glover Gregory Grooms Hayes Holland * Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell * Passailaigue Patterson Peeler Rankin Ravenel * Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 123 (3696R220.NGS), which was adopted (#88):
Amend the bill, as and if amended, Part IB, SECTION 1, Department of Education, page 404, line 19, by adding a new sentence at the end to read:
/ Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 153 (PSD\7392HTC99), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 5K-H45, University of South Carolina, page 426, by: adding an appropriately numbered paragraph at the end to read:
/ 5K.___.(USC: Institute of Public Affairs) Of funds appropriated to the Institute of Public Affairs in excess of $600,000, an amount not to exceed $300,000 must be used for the Center for Environmental Science, Law, and Policy./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators RANKIN and McGILL proposed the following Amendment No. 158 (3696R206.LAR), which was adopted (#89):
Amend the bill, as and if amended, Part IB, Section 21, Forestry Commission, page 453, after line 20, by adding the following:
/ Any remaining funds must be retained by the development authority to be expended as authorized in Chapter 12, Title 31, the "Federal Defense Facilities Redevelopment Law". Any funds not expended in the current fiscal year may be carried over to subsequent fiscal years. /
Renumber sections to conform.
Amend totals and title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
At 7:15 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 7:25 P.M.
At 7:25 P.M., the Senate resumed.
Senators MOORE and WILSON proposed the following Amendment No. 101B (9268AC99.DOC), which was adopted (#90):
Amend the committee report, as and if amended, Part IB, Temporary Provisions, Section 13, Department of Social Services, by adding an appropriately numbered paragraph to read:
/ 13._______ From the funds appropriated to the Department of Social Services, Child Support Enforcement, Operating Expenses, the department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:
(1) all wage withholding cases being enforced by the Child Support Enforcement Division;
(2) all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.
Child support amounts collected through the centralized wage withholding system are subject to the three percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators LAND and LEVENTIS proposed the following Amendment No. 126 (POCOPROV.DOC), which was adopted (#91):
Amend the bill, as and if amended, Part IB, Section 24, Department of Natural Resources, page 455, proviso 24.__, line 37, by adding an appropriately numbered paragraph to read:
/ 24.__ (Pocotaligo Match) Of the funds authorized to the Department of Natural Resources, the Department shall provide $215,000 for the match funds required for the Pocotaligo Swamp Restoration project. The Department of Natural Resources shall provide the funds to the Santee-Wateree Resource Conservation and Development Council only on the condition that the Council has obtained $100,000 from local commitments and $585,000 from the Corps of Engineers. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator SALEEBY proposed the following Amendment No. 103 (JCK0010.DOC), which was adopted (#92):
Amend the bill, as and if amended, Part IB, Section 27, Department of Commerce, page 458, proviso 27.NEW, line 32, by adding an appropriately numbered proviso to read:
/ From funds in Subfund 3166, named the "State Aviation Fund," the Department shall allocate $100,000 for improvements to the Hartsville Airport. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 148 (NIC0016A.DOC), which was adopted (#93):
Amend the bill, as and if amended, Part IB, Section 27, Department of Commerce, page 458, proviso 27. ___, line 32, by adding an appropriately numbered paragraph to read:
/27. ____ From funds in Subfund 3166, named the "State Aviation Fund", the Department shall allocate $100,000 for improvements to the Walterboro-Colleton Airport./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator BAUER proposed the following Amendment No. 168A (BD031.DOC), which was adopted (#94):
Amend the bill, as and if amended, Part IB, Section 27, Department of Commerce, page 458, by adding an appropriately numbered proviso, line 32, to read:
/ 27. (CMRC: Aeronautics-Airport Improvements) From the Subfund 3166, named State Aviation Fund, the Department is directed to allocate $20,000 to the Saluda County Airport and $20,000 to the Newberry County Airport for needed improvements. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators LEVENTIS, BRANTON and McGILL proposed the following Amendment No. 105A (BD027.DOC), which was adopted (#95):
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 471, proviso 42.8, by striking "$500,000 to the South Carolina State Library for improvements to the Cherokee County Library".
And inserting:
/ $500,000 to the Budget and Control Board , Division of Executive Director for the Town of Summerville for a program that addresses the health and social service needs of families and individuals, which includes, but is not limited to, community based health, fitness, aquatics, environmental programs, substance abuse prevention, youth sports and job training as a part of their mission, and $75,000 to the South Carolina State Library for improvements to the Cherokee County Library. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 128 (JCK0013.DOC), which was adopted (#96):
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 471, proviso 42.8, line 14, by striking /$500,000 to the S.C. State Library for distribution to the Cherokee County Library/ and inserting /$547,022 to Francis Marion University for the Satellite Nursing Program/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 177 (BD030.DOC), which was adopted (#97):
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 471, by striking in its entirety proviso 42.9.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators McCONNELL, PASSAILAIGUE and DRUMMOND proposed the following Amendment No. 6A (3696R233.GFM), which was adopted (#98):
Amend the bill, as and if amended, Part IB, Section 50, page 474, line 11, by adding a new proviso to read:
/ 50. . (LLR: Commissioners of Pilotage) The one hundred fifty thousand dollars ($150,000) appropriated to the Commissioners of Pilotage must be used to comply with mandated rules and other Coast Guard directives for providing a vessel traffic information system (VTIS). /
Amend the bill further, as and if amended, Part IA, Section 50, page 297, after line 38, by inserting:
/ Commissioners of Pilotage 150,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 188 (3696R231.GGR), which was tabled:
Amend the bill, as and if amended, Part IB, page 474, by adding an appropriately numbered new proviso at the end of SECTION 50 to read:
/ 50. . (LLR: State Athletic Commission Surcharge / Compensation) In addition to the usual per diem as provided by law, the commission members shall receive compensation in the amount of six thousand dollars per year. The compensation of the commission members as provided herein must be funded through the imposition of a fifty-cent surcharge on admission to the events regulated by the commission, as specified in Section 52-7-30. The first forty-two thousand dollars in revenue raised from the surcharge must fund the compensation, the next fifty-eight thousand dollars in revenue from the surcharge must be used for operating expenses of the commission, and any amount of revenue raised in excess of one hundred thousand dollars must go to the general fund. /
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
Senator DRUMMOND spoke on the amendment.
Senator REESE moved that the amendment be adopted.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows.
Before the polls were closed, Senator BRANTON asked unanimous consent to make a motion that Senator RAVENEL be recorded as voting "no," not changing the outcome.
Senator J. VERNE SMITH objected.
Senator BRANTON rose to a Point of Personal Privilege.
With unanimous consent, Senator J. VERNE SMITH withdrew his objection to the motion.
AYES
Alexander Bauer Bryan Courson Fair Giese Glover Grooms Hayes Jackson Land Leatherman Leventis Martin Matthews Moore Patterson Peeler Ryberg Setzler Smith, J. Verne Thomas Waldrep Washington Wilson
Branton Cork Courtney Elliott Hutto McConnell McGill Mescher Rankin Ravenel * Reese Saleeby Short
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 112 (BD013.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53, Department of Transportation, page 477, proviso 53.NEW, line 31, by adding an appropriately numbered proviso to read:
/ 53.NEW (DOT: Rainbow Lake Road Project) The Department shall widen Rainbow Lake Road from two to four lanes from the intersection of State Highway Number 9 in an Eastward direction for one quarter of a mile. The Department shall utilize funds appropriated in Part 1A, Section 53, for this project. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 113 (BD012.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53, Department of Transportation, page 477, proviso 53.NEW, line 31, by adding an appropriately numbered proviso to read:
/ 53.NEW (DOT: State Highway Improvements) The Department shall increase from two to four lanes that section of State Highway Number 9 intersecting Rainbow Lake Road (S-142) in a Northward direction for one quarter of a mile. The Department shall utilize funds appropriated in Part 1A, Section 53 for this purpose. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 119 (BD007.DOC), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 53, Department of Transportation, page 477, proviso 53.NEW, line 31, by adding an appropriately numbered proviso to read:
/ 53.NEW (Spartanburg Infrastructure Improvement) Of the funds appropriated in Part 1A, Section 53, $165,040 shall be allocated for the addition of turn lanes at the intersection of SC Route 9 and Rainbow Lake Road (S-142) in Boiling Springs, South Carolina. In the event additional funds are needed to complete this project, the Department shall allocate the necessary amount. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 94 (NICOO8.DOC), which was adopted (#99):
Amend the bill, as and if amended, Part IB, Section 56DD, Governor's Office - SLED, page 485, proviso 56DD.8, lines 17 and 18, by striking the lines in their entirety and inserting instead:
/ organization, a bona fide mentor, or for the use of a charitable organization. The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor. For purposes of this/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 146 (20611SD99.DOC), which was adopted (#100):
Amend the bill, as and if amended, Part IB, SECTION 56DD, page 489, by adding a new paragraph to be appropriately numbered to read:
/ 56DD___. The Ad Hoc Childrens, Families and Health Committee established by the Governor shall study the access to and adequacy, ef ficiency, and effectiveness of preventive oral health care services provided to the citizens of South Carolina who do not have regular access to such care including citizens in rural communities, the elderly, nursing home patients, underprivileged children and disadvantaged segments of the general public. The committee's report shall be submitted to the General Assembly and the Governor on or before January 15, 2000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 179 (15613HTC99.DOC), which was adopted (#101):
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, proviso 48, by striking lines 36 through 38, and on page 524 by striking lines 1 through 10 and inserting:
/ The first $7,191,666 of unspent Fiscal Year 1998-99 general fund appropriations above the ten percent set aside pursuant to this paragraph are carried forward and appropriated to the Budget and Control Board for contributions to the 401k accounts of state employees as provided in this paragraph. An employer participating in the South Carolina Deferred Compensation Program pursuant to Chapter 23, Title 8 of the 1976 Code or a public employer participating in an existing voluntary deferred compensation plan authorized by the Internal Revenue Code is authorized to make contributions to the accounts of participating employees in the manner approved by the South Carolina Deferred Compensation Commission or the public employer participating in an existing voluntary deferred compensation plan, as applicable.
Appropriations provided for contributions for state employees must be used in the current fiscal year at the rate of three hundred dollars a year, reduced proportionately based on availability of funding, to state employees who have established a 401k account in a manner approved by the South Carolina Deferred Compensation Commission. Eligibility for the contribution is limited to persons in full-time state employment on July 1, 1999, and who remain so employed on the date or dates contributions are made. Eligible employees paid at an annual rate of twenty thousand dollars or more, as of July 1, 1999, must match any contribution pursuant to this paragraph. A match is not required for employees paid at a lesser rate. Specific procedures to implement this paragraph must be developed by the State Budget and Control Board. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator LEVENTIS, with unanimous consent, Amendment No. 42, which was inadvertently withdrawn, was taken up for immediate consideration.
Senator LEVENTIS proposed the following Amendment No. 42 (BD003.DOC), which was adopted (#102):
Amend the bill, as and if amended, Part IB, Section 24, Department of Natural Resources, page 455, proviso 24.13, line 36, by inserting after, /Act/, the following:
/ , as required /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 156 (3696R225.ELP), which was withdrawn:
Senator PASSAILAIGUE explained the amendment.
Senator WILSON argued contra to the adoption of the amendment.
With Senator WILSON retaining the floor, Senator DRUMMOND, with unanimous consent, spoke on the amendment.
Senator WILSON continued arguing contra to the adoption of the amendment.
With Senator WILSON retaining the floor, Senator COURSON asked unanimous consent to make a motion to amend Amendment No. 156.
Senator LAND objected.
Senator WILSON continued arguing contra to the adoption of the amendment.
At 9:00 P.M., with Senator WILSON retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business until 9:10 P.M.
At 9:10 P.M., the Senate resumed.
Senator WILSON continued arguing contra to the adoption of the amendment.
At 9:23 P.M., on motion of Senator COURSON, the Senate receded from business until 9:30 P.M.
At 9:32 P.M., the Senate resumed.
Senator WILSON continued arguing contra to the adoption of the amendment.
On motion of Senator LAND, with unanimous consent, Amendment No. 156 was withdrawn from consideration.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 180 was taken up for immediate consideration.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 180 was substituted for Amendment No. 38 (adopted #3 on April 21, 1999).
Senator THOMAS proposed the following Amendment No. 180 (NIC0014.DOC), which was adopted (#3A):
Amend the bill, as and if amended, Part IA, Section 56C, Governor's Office - Executive Policy & Programs, page 327, by further amending Senate Amendment #38, which was adopted on April 21, 1999, and which created a LITTER CONTROL PROGRAM, by:
COLUMN 7 COLUMN 8
/ STRIKING: 200,000 200,000
and
INSERTING: 300,000 300,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 116 (BBH019.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 425, proviso 5A.--, line 18, by adding an appropriately numbered paragraph to read:
/5A. (CHE: USC Spartanburg) Of the funds appropriated in Part IA, Section 5A, $750,000 shall be allocated to the University of South Carolina, Spartanburg, for capital improvements and maintenance projects identified by the University.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 118 (BD004.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 425, proviso 5A. NEW, line 18, by adding an appropriately numbered proviso to read:
/ 5A.New (Spartanburg U.S.C.) Of the funds appropriated in Part 1A, Section 5A, $3,000,000 shall be allocated to the University of South Carolina, Spartanburg, for capital improvements and maintenance projects identified by the University. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
At 9:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 10:00 P.M.
At 10:00 P.M., the Senate resumed.
Senators PASSAILAIGUE, SETZLER and McCONNELL proposed the following Amendment No. 115 (3696C605.ELP.DOC), which was adopted (#103):
Amend the bill, as and if amended, Part IA, SECTION 1, page 0017, line 1,
COLUMN 7 COLUMN 8
By striking / 19,883 19,883 /
And
inserting / 54,264 54,264 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 137 (3696R020.GFM.DOC), which was adopted (#104):
Amend the bill, as and if amended, Part IA, Section 5C, The Citadel, page 38, after line 29, by inserting
/ COLUMN 7 COLUMN 8
Cannonaire Restoration 60,000 60,000 /
Amend the bill further, as and if amended, Part 1B, page 425, after line 25, by adding the following new proviso:
/ SECTION 5C - H09 - THE CITADEL
5C.1 (The Citadel: Cannons) The sixty thousand dollars ($60,000) appropriated to The Citadel for cannonaire restoration must be used exclusively for the restoration of the cannonaires. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 136 (3696R318.GFM.DOC), which was adopted (#105):
Amend the bill, as and if amended, Part IA, Section 26, Parks, Recreation and Tourism, page 218, after line 15
by inserting:
/ COLUMN 7 COLUMN 8
Morris Island Lighthouse 500,000 500,000 /
Amend the bill further, as and if amended, Part IB, Section 26, by adding an appropriately numbered new proviso to read:
/ 26.___. (PRT: Morris Island Lighthouse) The five hundred thousand dollars ($500,000) appropriated to the department for the Morris Island Lighthouse must be used for the preservation and restoration of the Morris Island Lighthouse. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 88 (3444MM99.DOC), which was adopted (#106):
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 223, lines 14 and 15, by inserting opposite /MANAGER II/ in:
COLUMN 7 COLUMN 8
/ 76,800 76,800
(6.00) (6.00)/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 87 (JOHNSTON.DOC), which was adopted (#107):
Amend the bill, as and if amended, Part IA, Section 27, Department of Commerce, page 225, after line 31:
COLUMN 7 COLUMN 8
/ Johnston Downtown Redevelop-
ment Project 200,000 200,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator COURTNEY proposed the following Amendment No. 143 (NIC0013.DOC), which was adopted (#108):
Amend the bill, as and if amended, Part IA, Section 30, Judicial Department, page 235, line 25, by:
COLUMN 7 COLUMN 8
/ STRIKING: 803,591 803,591
and
INSERTING: 1,146,791 1,146,791/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PATTERSON proposed the following Amendment No. 132 (3696R303.KP.DOC), which was adopted (#109):
Amend the bill, as and if amended, Part IA, Section 65, State Ethics Commission, page 389, after line 23 by inserting the following:
/ COLUMN 7 COLUMN 8
Other Personal Service 11,454 11,454 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that the Finance Committee be allowed to prepare the necessary technical and balancing amendments to be delivered to, and certified by, the Clerk and to be adopted upon his certification for inclusion in the Bill.
There was no objection.
The Senate Finance Committee proposed the following amendment No. 300 (S-Clerk\Amend\Clerk's P Amd 3969), which was adopted (#110) pursuant to the motion of Senator DRUMMOND:
Amend Part IA, Section 24.
The following amendment is a balancing amendment prepared and approved by the Senate Finance Committee:
Amend the bill, as and if amended, Part IA, Section 24, Department of Natural Resources, page 200, line 12, by:
COLUMN 7 COLUMN 8
STRIKING: 1,374,301 315,828
And
INSERTING: 1,589,301 530,828/
Amend Further Part I A, Section 42.
The following is a Clerk's Amendment reconciling amendments number 99,79, 105A and 128:
Amend the bill, as and if amended, Part IB, Section 42.8, page 471, by striking the proviso in its entirety and inserting a new proviso to read as follows:
/ 42.8 (PSC: Transfer Operating Revenue Funds) Subfund 3035 named Operating Revenue, the Commission shall transfer $100,000 to the Department of Agriculture for improvements to the Pickens County Extension Office, $150,000 to the South Carolina State Library for the Lamar Library, $547,022 to Francis Marion University for the Satellite Nursing Program and $100,000 to the Department of Commerce for improvements to the Sumter County Airport. The commission shall transfer an additional $150,000 to the Budget and Control Board, Division of Regional Development, Office of Local Government for the water and sewer infrastructure needs of GW521.252 in Greeleyville. /
Amend Further, Part IA, Section 50.
The following amendment is a balancing amendment prepared and approved by the Senate Finance Committee:
Amend the bill, as and if amended, Part IA, Section 50, Department of Labor, Licensing and Regulation, page 298, line 18, by:
COLUMN 7 COLUMN 8
/ STRIKING: 140,390 135,390
and
INSERTING: 407,343 402,343/
Amend sections, totals and title to conform.
Amend Further, Part II, Section 21.
The following is a Clerk's Amendment reconciling amendments number 50 and 93:
Amend the bill, as and if amended, Part II, page 551, beginning on line 5, by striking SECTION 21 in its entirety and inserting:
TO AMEND CHAPTER 45, TITLE 12 OF THE 1976 CODE, RELATING TO COUNTY TREASURERS AND THE COLLECTION OF TAXES, BY ADDING SECTION 12-45-85 SO AS TO PROVIDE FOR A LOCAL MATCH PERSONAL PROPERTY TAX RELIEF FUND COMPOSED OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES NOT ALREADY CREDITED OTHERWISE AND MATCHING FUNDS FROM COUNTIES, AND TO PROVIDE FOR THE USE OF THE FUNDS TO REDUCE AD VALOREM TAX ON PERSONAL MOTOR VEHICLES.
A. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-85. (A) There is established in the State Treasury a separate and distinct fund to be known as the Local Match Personal Property Tax Relief Fund. An amount equivalent to all revenue from motor vehicle licensing and registration fees collected pursuant to Chapter 3 of Title 56 of the 1976 Code, except for the fees collected under Section 56-3-660, 56-3-670 and 56-3-840, must be credited to the fund. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principle. The fund must be used to make allocations available to the several counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Local Match Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. Allocations in the fund may be drawn on by a county in whole or in part and must be distributed by the State Treasurer under the following conditions:
(1) the county governing body must hold at least one public hearing to inform the citizenry that funds have been allocated in the Local Match Personal Property Tax Relief Fund and are available for distribution to the county for the purpose of reducing the ad valorem tax on personal motor vehicles;
(2) the county governing body must set aside an amount of funds equal to the amount to be drawn from the county allocation from revenues which are not derived from nor are the result of the imposition of a new fee or tax, and which are not derived from nor are the result of an increase in an existing fee or tax;
(3) the county must certify to the State Treasurer that it has held the required public hearing, that it has set aside an amount of funds equal to the amount the county intends to draw against the allocation it is eligible to receive from the Local Match Personal Property Tax Relief Fund, and that the funds set aside are from the existing county revenues and are for no other purpose but to match the allocation from the fund;
(4) the aggregate of the state allocation drawn from the fund and the local match must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle; and
(5) any allocation in a fiscal year which has not been drawn in accordance with the provisions of this item as of January 31 of the succeeding year must revert to the general fund and must be appropriated for tax relief as the General Assembly may direct.
(C) Beginning in fiscal year 1999-00, an amount equivalent to the fees collected pursuant to Chapter 3 of Title 56, except for Sections 56-3-660, 56-3-670 and 56-3-840, must be credited to the Local Match Personal Property Tax Relief Fund."
B. Subsections 12-45-85(A) and (C) of this section take effect June 30, 2000, and subsection 12-45-85(B) of this section takes effect July 1, 2001. /
Amend sections, totals and title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
I voted "no" on the state budget because real car tax relief has not been included to reduce America's second highest car tax. This is a priority which could be addressed by the hundreds of millions of dollars of surplus received from the taxpayers this year. Also, the change in formula of the distribution of real property tax relief is a retreat from tax reduction and jeopardizes the future of tax relief so vital to taxpayers enabling them to keep their homes.
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (DKA\3424DW99), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1998-99 the following amounts:
( 1) Aid to Subdivisions - Local Government
Fund 6,500,000
( 2) Commission on Higher Education
Institutional Funding
Performance Funding 70,000,000
(Funds appropriated in this joint resolution or any other appropriations bill for education and general expenditures at the public higher education institutions shall be used to implement Act 359 of 1996.)
( 3) Department of Health and Human Services
(a) Beaufort Memorial Hospital/
Jasper Primary Care Complex 500,000
(b) Phyllis Wheatley Community Center
Capital Campaign - Greenville 200,000
( 4) Department of Public Safety
Trooper Class, Vehicles and Equip 5,011,716
( 5) Commission for the Blind
(a) Facilities Upgrade & Orientation Trainer 38,358
(b) Building Renovation/Maintenance 230,000
( 6) Department of Commerce
(a) Advertising 1,000,000
(b) Union County
Airport Improvements 500,000
( 7) Department of Natural Resources
(a) Law Enforcement - Body Armor,
Aircraft Maintenance, Cons. Officers & Equip 95,000
(b) MRD: Maintenance and Equipment 530,000
(c) Lake Ashwood Facility 200,000
( 8) Department of Corrections
Transportation/Communication Equipment 1,558,050
( 9) Department of Probation, Parole and Pardon Services
Safety Equipment for Agents 247,907
(10) Human Affairs Commission
Computer System - Y2K Compliance 95,697
(11) Commission on Minority Affairs
(a) Relocation Funding & Rent Increase 24,788
(b) Men's Service Centers -
Funded in FY 1998-99 13,891
(12) State Ethics Commission
Computer System 52,000
(13) Department of Education
School Buildings 4,968,915
(Funds appropriated for School Building Aid shall be transferred to a special trust fund established by the Comptroller General. Funds appropriated shall be distributed to the school districts of the State for use in accordance with Section 59-21-350 of the Code of Laws of South Carolina, 1976. Funds shall be allocated to eligible school districts on a per pupil basis. The allocation must be based on the 135-day count of average daily membership for the second preceding fiscal year. Funds appropriated for school building aid may be expended by the school district without approval from the State Board of Education. The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable state laws associated with the use of these funds.)
TOTAL $91,766,322.
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 1999-2000.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1998-99 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Renumber sections to conform.
Amend title to conform.
On motion of Senator DRUMMOND, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator DRUMMOND, with unanimous consent, H. 3697 was ordered to receive a third reading on Friday, April 23, 1999.
Having received a favorable report from the General Committee, on motion of Senator WILSON, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Social Services, with term coterminous with Governor:
Elizabeth Goud Patterson, 21 Fairforest Court, Columbia, S.C. 29212 VICE James T. Clark
Having received a favorable report from the Committee on Transportation, on motion of Senator LAND, the following appointment was confirmed in open session:
Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 1994, and to expire June 4, 2001:
At-Large:
Jack M. Scoville, Post Office Box 1250, Georgetown, S.C. 29442 VICE Harry R. Easterling (resigned )
Having received a favorable report from the Dorchester County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Tracy K. Davis, 105 Thrush Lane, Summerville, S.C. 29485 VICE Larry R. Kennedy
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Joseph W. Cunningham, Jr., 103 Fairway Dr., Summerville, S.C. 29483 VICE Charlene C. Snowden
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Raymond McMillan, 304 Hudson Rd., St. Goerge, S.C. 29477
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Victor Glenn Stephens, 102 Sears Street, St. George, S.C. 29477
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Patrick J. Murphy, 9989 Dorchester Rd., Summerville, S.C. 29485 VICE Larry R. Kennedy
Initial Appointment, Dorchester County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Troy Guerard Knight, 105 Springhouse Lane, Summerville, S.C. 29483
On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James J. Barry, Sr. of St. Stephen, S.C.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, April 23, 1999, it stand adjourned to meet next Tuesday, April 27, 1999, at 12:00 Noon, which motion was adopted.
At 10:11 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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