Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, with our regular session for the current millenium numbered in days, hear a parable recorded by St. Luke (NRSV), Chapter 16 (vv. 1-2):
"There was a rich man who had a manager, and charges were brought to him that this man was squandering his property.
So he summoned him and said to him, 'What is this that I hear about you? Give me an accounting of your management!"
Let us pray.
Dear God, our Heavenly Father, these are just the words of a parable; but we see in them a reminder that not only our people, but our God, Himself, will ultimately audit our management of our state's business.
With so much to be done, with so many decisions pending, and time crashing past, consecrate us to the unfinished tasks that lie at hand.
Our children are looking to us to prepare them for their lives in the next century. Many are yearning and praying for jobs where they may earn a living.
Help us to be faithful to them... and to You!
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, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1998, and to expire June 30, 2002:
5th Congressional District:
Billy Gaston Alexander, 550 Cranborne Chase, Fort Mill, S.C. 29715 VICE Annabelle S. Boykin
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina State Board of Financial Institutions, and to expire June 30, 2002:
Credit Unions:
William Baker Varn, SPC Cooperative Credit Union, Hartsville, S.C. 29551 VICE L. Wayne Pearson
Referred to the Committee on Banking and Insurance.
Reappointment, South Carolina Commission on Archives and History, with term coterminous with Governor:
At-Large:
William L. Kinney, Jr., P.O. Box 656, Bennettsville, S.C. 29512-0656
Referred to the Committee on Education.
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Alvin E. Bligen, P.O. ffice Box 216, Edisto Island, S.C. 29438
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Lisa H. Cain, 116 Flatwood Road, Hodges, S.C. 29653
Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Rita W. Brown, P.O. Box 355, Springfield, S.C. 29146
Senator FAIR introduced Dr. David L. Cull of Greenville, S.C., Doctor of the Day.
At 1:15 P.M., Senator MATTHEWS requested a leave of absence beginning at 12:00 Noon tomorrow.
At 11:05 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
On motion of Senator SHORT, with unanimous consent, the Privilege of the Floor was extended to former Senator JOHN MARTIN.
Senator JOHN MARTIN addressed the Senate with brief remarks.
Senator WALDREP rose to a Point of Personal Privilege.
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Senator GIESE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3359 (Word version) -- Reps. Dantzler, Bailey, R. Smith, Hinson, Rodgers, Witherspoon, Chellis, McKay, McGee, Law, Simrill, Rhoad, Littlejohn and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A MOTOR HOME ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND IS CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator BRYAN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.
The Joint Resolution was recalled and ordered placed on the Calendar.
H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
The following were introduced:
S. 865 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE DESIRE OF THE GENERAL ASSEMBLY TO RECOGNIZE AND CONGRATULATE THE CONGREGATION OF THE BROOKLAND BAPTIST CHURCH UPON THE OCCASION OF THE DEDICATION OF THE NEW EDIFICE IN WEST COLUMBIA, SOUTH CAROLINA, WHICH HAS AND WILL CONTINUE TO BE A SPECIAL BLESSING TO THE ENTIRE COMMUNITY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 866 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "SOUTH CAROLINA ARTISANS CENTER" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR EXITS 53 AND 57 IN WALTERBORO COUNTY.
On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 867 (Word version) -- Senator Moore: A SENATE RESOLUTION RECOGNIZING AND CONGRATULATING MR. JOE WILSON OF CLEARWATER FOR BEING SELECTED BY THE SOUTH CAROLINA ASSOCIATION OF AGRICULTURAL EDUCATORS AS THE SOUTH CAROLINA AGRICULTURE EDUCATION TEACHER OF THE YEAR.
The Senate Resolution was adopted.
S. 868 (Word version) -- Senators Hayes, Courson, Grooms, Bauer, Mescher, Thomas, Giese, Leatherman, Wilson, Russell, Waldrep, Peeler, Cork, Martin, Ford, Branton, Gregory, Alexander and Courtney: A BILL TO ENACT THE "SOUTH CAROLINA SAFETY IN SCHOOLS ACT OF 1999", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE FOR A SCHOOL RESOURCE OFFICER FOR EACH MIDDLE, JUNIOR, AND HIGH SCHOOL IN THIS STATE, TO PROVIDE FOR THE MANNER IN WHICH THESE SCHOOL RESOURCE OFFICERS SHALL BE EMPLOYED, TRAINED, AND ASSIGNED, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT, BEGINNING WITH FISCAL YEAR 2000-2001, SHALL PROVIDE CERTAIN FUNDING FOR THESE OFFICERS, TO PROVIDE THAT A SCHOOL DISTRICT OR COUNTY WITH A SCHOOL WITH A HIGH INCIDENCE OF SCHOOL VIOLENCE MAY APPLY FOR MORE THAN ONE SCHOOL RESOURCE OFFICER AT THAT SCHOOL, TO REQUIRE EACH MIDDLE, JUNIOR, OR HIGH SCHOOL WITH AN INTERCOM SYSTEM TO DEVELOP VERBAL SECURITY CODES TO BE USED TO WARN TEACHERS AND STAFF OF CERTAIN TYPES OF IMPENDING DANGER; TO PROVIDE THAT SCHOOL RESOURCE OFFICERS SHALL COORDINATE THEIR EFFORTS WITH PUBLIC AND PRIVATE ANTI-CRIME PROGRAMS TO DEVELOP LOCAL INITIATIVES AGAINST SCHOOL VIOLENCE, BY ADDING SECTION 59-63-365 SO AS TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT AGENCY MUST NOTIFY THE SENIOR SCHOOL ADMINISTRATOR OF THE ARREST OF A STUDENT FOR CERTAIN OFFENSES AND TO PROVIDE THE ADMINISTRATOR MUST NOTIFY THE STUDENT'S TEACHERS OF THE ARREST AND OFFENSES ALLEGEDLY COMMITTED BY THE STUDENT; AND TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF PISTOLS TO CERTAIN PERSONS, SO AS TO INCREASE THE PENALTY FOR THE SALE OF A PISTOL TO A PERSON UNDER TWENTY-ONE.
Senator HAYES spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 869 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO COMMEND ANDRENA ELIZABETH RAY OF SUMTER, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED EDUCATORS AND SCHOOL ADMINISTRATORS, FOR HER ACCOMPLISHMENTS AND MANY YEARS OF PUBLIC SERVICE IN THE FIELD OF EDUCATION AND TO CONGRATULATE HER FOR A JOB WELL DONE ON THE OCCASION OF HER RETIREMENT AS SUPERINTENDENT OF SUMTER SCHOOL DISTRICT 17.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 870 (Word version) -- Senator Holland: A SENATE RESOLUTION TO CONGRATULATE THE NORTH CENTRAL HIGH SCHOOL GIRLS SOFTBALL TEAM OF KERSHAW FOR WINNING THE CLASS A STATE GIRLS SOFTBALL CHAMPIONSHIP.
The Senate Resolution was adopted.
H. 3086 (Word version) -- Rep. Wilder: A BILL TO AMEND SECTION 61-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF APPLICATION FOR BEER OR WINE PERMITS AND ALCOHOLIC LIQUOR LICENSES, SO AS TO REVISE THE NEWSPAPER NOTICE AND NOTICE POSTING REQUIREMENTS.
Read the first time and referred to the Committee on Judiciary.
H. 3860 (Word version) -- Reps. Knotts, Davenport, Littlejohn and Stille: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PASS LEGISLATION TO STRENGTHEN THE OVERSIGHT POWER AND THE AUTHORITY OF THE POSTAL RATE COMMISSION, PARTICULARLY WITH RESPECT TO THE UNITED STATES POSTAL SERVICE, AND DIRECTING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO UNDERTAKE AN ANALYSIS TO QUANTIFY THE IMPACT OF LOST TAXES AND FEES NOT BEING COLLECTED BY SOUTH CAROLINA STATE AND LOCAL AGENCIES BECAUSE OF THE POSTAL SERVICE'S SPECIAL STATUS AND TO REPORT THE FINDINGS OF THIS ANALYSIS TO THE GENERAL ASSEMBLY ANNUALLY.
The Concurrent Resolution was introduced and referred to the Committee on Finance.
H. 4007 (Word version) -- Reps. Sheheen, G. Brown and Harris: A JOINT RESOLUTION TO REINSTATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 2002.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4152 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO EXTEND DEEPEST GRATITUDE AND BEST WISHES TO MRS. CAROLYN WESTBURY BAKER OF DORCHESTER COUNTY ON THE OCCASION OF HER RETIREMENT AS HEADMASTER OF DORCHESTER ACADEMY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4155 (Word version) -- Reps. Chellis, Bailey and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" BOYS' VARSITY SOCCER TEAM, COACHES, AND STAFF ON WINNING THE 1998-99 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4156 (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, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND THANK GARY R. BAKER UPON HIS RETIREMENT FOR HIS MANY YEARS OF DEDICATED SERVICE AS EXECUTIVE DIRECTOR OF THE STATE ETHICS COMMISSION AND FOR HIS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4157 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA UPON THE DEATH OF SERGEANT JULIUS R. WILKES, JR. OF FLORENCE WHO TRAGICALLY LOST HIS LIFE IN THE ARMY BLACK HAWK HELICOPTER ACCIDENT AT FORT CAMPBELL, KENTUCKY, ON APRIL 22, 1999, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House
H. 4159 (Word version) -- Rep. Mason: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" MEN'S TENNIS TEAM AND HEAD COACH, MIKE HICKS, ON CAPTURING THEIR SECOND CONSECUTIVE CLASS AAAA STATE TENNIS CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4164 (Word version) -- Reps. Kelley and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. JULIA BENIK OF HORRY COUNTY AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4165 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMMOND SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1999 CLASS AAA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4176 (Word version)-- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO DAVID M. MATHIS OF EDGEFIELD COUNTY FOR HIS DEDICATION TO EDUCATION AND FOR THE EXCELLENT WORK HE HAS DONE AS PRINCIPAL OF MERRIWEATHER ELEMENTARY SCHOOL, AND TO WISH HIM CONTINUED SUCCESS IN HIS ADMINISTRATIVE POSITION WITH THE EDGEFIELD COUNTY SCHOOL DISTRICT.
AND
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4177 (Word version)-- Rep. Clyburn: A CONCURRENT RESOLUTION TO EXPRESS THE THANKS AND GRATITUDE OF THE GENERAL ASSEMBLY TO DAVID W. HEPNER, SR., THE COMMUNITY AFFAIRS MANAGER FOR THE UNITED STATES DEPARTMENT OF ENERGY'S SAVANNAH RIVER OPERATIONS OFFICE, FOR THE TREMENDOUS JOB HE DOES IN THAT POSITION AND FOR HIS EFFORTS AT MAKING HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA A BETTER PLACE IN WHICH TO LIVE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4178 (Word version)-- Rep. Harris: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHERAW HIGH SCHOOL "BRAVES" BASEBALL TEAM FOR AN OUTSTANDING SEASON AND ON CAPTURING THE 1999 CLASS AA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations polled out H. 3746 favorable:
H. 3746 (Word version) -- Reps. Allison, Seithel, Edge, Bales, Barrett, Battle, Beck, Breeland, Cato, Chellis, Clyburn, Dantzler, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, J. Hines, Hinson, Jennings, Kelley, Klauber, Koon, Law, Lee, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, McGee, Meacham, Parks, Phillips, Rhoad, Rice, Rodgers, Simrill, Stille, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Woodrum: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS 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 H. 4122 favorable:
H. 4122 (Word version) -- Reps. Phillips, Gamble, Littlejohn and Inabinett: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Columbia, S.C., May 25, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 150 (Word version) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: A BILL TO AMEND SECTION 56-3-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ALSO ISSUE A SPECIAL LICENSE PLATE TO A MEMBER OF THE SOUTH CAROLINA STATE GUARD; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF, FEE FOR, AND DURATION OF THE NATIONAL GUARD SPECIAL LICENSE PLATE AND THE DENOTATION OF A RETIRED NATIONAL GUARD MEMBER'S STATUS ON THE LICENSE PLATE, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE MAY HAVE NATIONAL GUARD OR STATE GUARD ALSO PRINTED ON IT WITH NUMBERS, OR LETTERS, OR BOTH, AND TO DELETE THE REQUIREMENT THAT A RETIRED NATIONAL GUARD MEMBER'S RETIRED STATUS MUST BE DENOTED ON THE SPECIAL LICENSE PLATE; TO AMEND SECTION 56-3-1830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A STATE GUARD SPECIAL LICENSE PLATE; AND TO REPEAL SECTIONS 56-3-4710, 56-3-4720, 56-3-4730, AND 56-3-4740 RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD.
The House returned the Bill with amendments.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND 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.
The House returned the Bill with amendments.
On motion of Senator SETZLER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE, SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION, SO AS TO PROVIDE THAT THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-1000, RELATING TO PROVISIONS APPLICABLE TO BOTH CIVIL AND CRIMINAL CASES, SO AS TO PROVIDE THAT A MAGISTRATE'S ORDER OF RESTITUTION MAY BE APPEALED SEPARATELY FROM AN APPEAL RELATING TO CONVICTION.
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 826 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 2, AND FRIDAY, DECEMBER 3, 1999, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Returned with concurrence.
Received as information.
S. 852 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING DR. LEONARD ANTHONY McINTYRE FOR HIS EXCELLENT PUBLIC SERVICE AS SUPERINTENDENT OF HAMPTON COUNTY SCHOOL DISTRICT TWO AND CONGRATULATING HIM ON HIS NEW POSITION WITH THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.
Returned with concurrence.
Received as information.
At 11:58 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
S. 789 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 26, 1999, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR MEMBER TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH BEGINS JULY 1, 1999.
The PRESIDENT announced that nominations were in order to elect a successor to the Consumer Affairs Commission, Seat #3.
Senator COURTNEY announced that Ms. Lillian C. Bloom and Reverend Tony Macomson had been screened and found qualified to serve.
On motion of Senator COURTNEY, the names of Ms. Lillian C. Bloom and Reverend Tony Macomson were placed in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Bloom:
Anderson Bryan Cork Fair Grooms Martin Passailaigue Ravenel Smith, J. Verne Wilson
The following named Senators voted for Reverend Macomson:
Alexander Bauer Branton Courson Courtney Drummond Elliott Ford Giese Glover Hayes Holland Hutto Jackson Land Leatherman Leventis Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Russell Ryberg Saleeby Setzler Short Waldrep Washington
On motion of Rep. Fleming, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Bloom:
Altman Barrett Battle Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Dantzler Easterday Fleming Gamble Gilham Hamilton Harrell Harvin Haskins Hinson Keegan Kelley Kennedy Kirsh Knotts Koon Leach Loftis Lourie Martin McLeod W. McMahand Meacham Miller Quinn Rice Riser Robinson Rodgers Seithel Sharpe Simrill Smith, J. Smith, R. Stuart Taylor Tripp Vaughn Webb Whatley Wilkins Young-Brickell
The following named Representatives voted for Reverend Macomson:
Allen Allison Askins Bailey Bales Barfield Beck Bowers Breeland Brown, J. Canty Clyburn Cobb-Hunter Cotty Davenport Delleney Edge Emory Gourdine Harris Harrison Hawkins Hayes Hines, J. Hines, M. Howard Inabinett Jennings Klauber Lanford Lee Littlejohn Lloyd Lucas Mack Maddox Mason McCraw McKay McLeod, M. Moody-Lawrence Neal Neal, J.M. Neilson Ott Parks Phillips Rhoad Rutherford Sandifer Scott Sheheen Smith, D. Stille Townsend Walker Whipper Wilder Wilkes Witherspoon Woodrum
Total number of Senators voting 44
Total number of Representatives voting 113
Grand Total 157
Necessary to a choice 79
Of which Ms. Bloom received 62
Of which Reverend Macomson received 95
Whereupon, the PRESIDENT announced that Reverend Tony Macomson was elected to the Consumer Affairs Commission, Seat #3, for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:22 P.M., the Senate resumed.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3404 (Word version) -- Reps. W. McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED.
H. 4012 (Word version) -- Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, Scott, F. Smith and J. Smith: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTY-FIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.
H. 3856 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND ENDING JUNE 30, 2000.
(By prior motion of Senator ELLIOTT)
H. 4001 (Word version) -- Reps. Jennings and Harris: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REQUIRE CANDIDATES FOR THE SCHOOL BOARD TO FILE THE WRITTEN NOTICE OF CANDIDACY BY AUGUST FIRST OF EACH GENERAL ELECTION YEAR RATHER THAN THIRTY DAYS BEFORE THE ELECTION.
(By prior motion of Senator ELLIOTT)
H. 4029 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO DISSOLVE THE DILLON COUNTY APPLIED TECHNOLOGY CENTER BOARD AND PROVIDE THAT ALL ITS POWERS, DUTIES, AND RESPONSIBILITIES ARE DEVOLVED UPON THE COUNTY BOARD OF EDUCATION OF DILLON COUNTY.
(By prior motion of Senator ELLIOTT)
H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION; TO PROVIDE THAT A SHERIFF OR CHIEF OF POLICE MAY CONTRACT WITH A PRIVATE ATTORNEY TO PROVIDE HIM WITH REPRESENTATION IN A VEHICLE FORFEITURE PROCEEDING; AND TO PROVIDE THAT ATTORNEY COSTS MUST BE PAID FROM THE PROCEEDS FROM THE VEHICLE'S SALE DURING THE AUCTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators HUTTO and HOLLAND proposed the following amendment (JUD3411.005.DOC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 56-5-2990 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2990. (A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
(B) Any person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. 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.
(C) The applicant shall bear the cost of the services to be determined by the Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay.
(D) The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within six months of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
(E) The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.
(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. 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 title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HOLLAND proposed the following amendment (3411C001.DHH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____ . Section 56-5-2951 of the 1976 Code is amended by adding an appropriately lettered item to read:
"( ) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The department may issue the special restricted driver's license at anytime following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted drivers license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program." /
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (JUD3411.003.DOC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 56-5-6410 of the 1976 Code is amended to read:
"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall provide an appropriate child passenger restraint system and shall secure the child as follows:
(1) Any child less than one year of age three years of age or less must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.
(2) Any child under four years of age when transported in the front seat must be properly secured in a child restraint system meeting standards prescribed by the National Highway Traffic Safety Administration.
(3) Any child four until six or five years of age when transported in the front seat must be secured by a safety belt provided in the motor vehicle unless properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.
(4) Any child one year of age or more and under six years of age when transported in a rear seat must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration unless the child is secured by a safety belt provided in the motor vehicle.
Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator SALEEBY.
Senator SALEEBY proposed the following amendment (GGS\ 22350CM99), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 38-53-102. Notwithstanding another provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys." /
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 amended, read the third time and ordered returned to the House with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 851 (Word version) -- Senators Glover and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARION COUNTY TRANSPORTATION COMMITTEE.
(By prior motion of Senator ELLIOTT)
S. 293 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201(37), AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HAYES proposed the following amendment (JUD0293.004), which was adopted:
Amend the bill, as and if amended, page 72, beginning on line 35, in the S.C. Reporter's Comment to Section 36-2A-302, as contained in SECTION 1, by striking lines 35 through 40 and inserting therein the following:
/ Just as Section 36-9-202 made the location of title as between the secured party and the debtor irrelevant to parties' rights in secured transactions, so this section makes the location of title (so long as it is not with the lessee) and the location of possession irrelevant to the enforceability of a lease. Possession or the absence of possession is not of itself determinative of fraud. In some instances, this treatment may modify the result otherwise directed under South Carolina's adoption of the Statute of Elizabeth, contained in Section 27-23-10. /.
Amend the bill further, as and if amended, page 95, beginning on line 19, in the S.C. Reporter's Comment to Section 36-2A-308, as contained in SECTION 1, by striking lines 19 through 26 in their entirety and inserting therein the following:
/ Subsection (3) expressly eliminates the presumption of fraud in a bona fide sale-leaseback where the sale is for value, although the seller/lessee retains possession of the goods. In such transactions, this provision will prevail over any contrary interpretation of the Statute of Elizabeth, contained in Section 27-23-10. This is true even though leases are no longer required to be filed of record to be valid against subsequent creditors. See Section 9(a)(1) of Act 494 of 1988, repealing South Carolina Code Section 27-23-80. However, lessors may continue to file "precautionary" UCC financing statements, expressly authorized by Section 36-9-408. See Official Comment 2 to Section 36-2A-301. /.
Amend the bill further, as and if amended, page 177, beginning on line 15, in the S.C. Reporter's Comment to Section 36-2A-528, as contained in SECTION 1, by striking lines 15 through 40 in their entirety and inserting therein the following:
/ In Mid-Continent Refrigerator Co. v. Dean, 256 S.C. 99, 180 S.E.2d 892 (1971), the court apparently awarded damages to the plaintiff-lessor based on the monthly rental from default until the date the lessor accepted return of the refrigerator. The result under Article 2A would have been calculated pursuant to subsection (1), which specifies that the date on which the lessee tendered the refrigerator to the lessor would have been the date from which the damages were calculated, rather than the date on which the lessor accepted the returned refrigerator. However, under this section the lessor Mid-Continent would have been entitled to receive incidental damages in addition to the excess of the contractually-specified rent over the market rent.
It is important to note that Mid-Continent apparently involved a lease unlike those in common usage today. Modern leases usually provide contractual acceleration of future rent or otherwise liquidate the lessor's damages; such provisions are permitted under Article 2A. D&D Leasing Co. of S.C. v. Lipson, 305 S.C. 540, 409 S.E.2d 794 (Ct. App. 1991), involved such a contractual acceleration clause which the court enforced, noting that it created no windfall for the lessor, since the lessee received credit for the price received on the lessor's sale of the goods. The result under Article 2A could require discounting the accelerated rents to present value, rather than simply summing them as was done in D&D Leasing. See Section 36-2A-504 (imposing a reasonableness test for liquidated damages provisions) and Official Comment (u) ("Present Value") to Section 36-2A-103.
Consistent with the statutory analogue, in the absence of contractual damage provisions, Article 2A includes measures of damages for the protection of the lessor's benefit of the bargain based on market rent. Were the lessor able to sell or relet the goods, the lessor would have two transactions instead of one, had the breaching lessee performed. If the calculation under subsection (1) is inadequate in this circumstance to place the lessor in the same position as performance of the original lease, subsection (2) allows the lessor to recover lost profit. /.
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 third time and ordered sent to the House of Representatives.
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS REFERENCES; TO AMEND SECTION 12-16-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE ESTATE TAX, SO AS TO DEFINE THE INTERNAL REVENUE CODE AS AMENDED THROUGH 1998; TO AMEND SECTION 12-20-20, RELATING TO FILING OF A CORPORATE ANNUAL REPORT, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 12-36-510, AS AMENDED, RELATING TO RETAIL LICENSE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT A FESTIVAL BE LISTED AS A SPECIAL EVENT WITH THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS, INSTEAD OF THE DEPARTMENT OF REVENUE, ESTIMATE THE TOTAL SCHOOL TAX REVENUE LOSS FROM THE EXEMPTION; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITATIONS FOR ASSESSMENT OF TAXES, SO AS TO INCREASE FROM THIRTY TO NINETY THE NUMBER OF DAYS A CORPORATION HAS TO FILE A CLAIM FOR REFUND AFTER AN ADJUSTMENT TO ITS TAXABLE INCOME IS MADE BY THE INTERNAL REVENUE SERVICE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator LAND.
Senator LAND proposed the following amendment (DKA\ 3565MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-56-20(1) of the 1976 Code, as last amended by Section 55A, Part II, Act 419 of 1998, is further amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, or other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."
B. Section 12-56-60 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-60. (A) A claimant agency seeking to attempt collection of a delinquent debt through setoff shall notify the department in writing and supply information the department determines necessary to identify the debtor whose refund is sought to be set off. A request for setoff may be made only after the claimant agency has notified the debtor of its intention to cause the debtor's refund to be set off not less than thirty days before the claimant agency's request to the department. This notice must be given in person, left at the dwelling or usual place of business of the debtor, or sent by certified or registered mail to the debtor's last known address no less than thirty days before the claimant agency's request to the department. The notice shall include a statement which sets forth administrative appeal procedures available to the debtor and alternatives available to the debtor which could prevent setoff. The claimant agency promptly shall notify the debtor when the liability out of which the setoff arises is satisfied. Notification to the department and the furnishing of identifying information must occur on or before a date specified by the department in the year preceding the calendar year during which the refund would be paid. Additionally, subject to the notification deadline specified above, the notification is effective only to initiate setoff for claims against refunds that would be made in the calendar year subsequent to the year in which notification is made to the department.
(B) Upon receiving the certification of the claimant agency of the amount of the delinquent debt, the department shall determine if the debtor is due a refund. If the debtor is due a refund of more than twenty-five dollars, the department shall set off the delinquent debt against the amount of the refund in excess of twenty-five dollars and transfer the amount set off to the claimant agency. The department may retain an amount not to exceed twenty-five dollars of each refund set off to defray its administrative expenses. No apportionment is required in cases of refunds resulting from filing joint returns. A person has no property right or property interest in a refund until all amounts due the State and claimant agencies are paid. The department shall consider any certified delinquent debt and debtor list provided by a claimant agency as correct and the department is not liable for a wrongful or improper setoff. Reviews of refund setoffs are with the claimant agency. If, after appropriate review the claimant agency determines that the setoff amount is excessive, it shall refund the appropriate amount to the taxpayer. If, after appropriate review, the claimant agency determines that it is entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If a refund has been retained in error, the claimant agency shall pay interest to the taxpayer calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final except that no interest accrues when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services."
C. Chapter 56 of Title 12 of the 1976 Code is amended by adding:
"Section 12-56-62. The notice of intention to set off must be given by mailing the notice, with postage prepaid, addressed to the debtor at the address provided to the claimant agency when the debt was incurred or at the debtor's last known address. The giving of the notice by mail is complete upon the expiration of thirty days after deposit of the notice in the mail. A certification by the claimant agency that the notice has been sent as required by this section is presumptive proof that the requirements as to notice are met, even if the notice actually has not been received by the debtor. The notice must include a statement of appeal procedures available to the debtor, substantially as follows:
'According to our records, you owe the ______(claimant agency) a debt in the amount of _________(amount of the debt) for ______(type of debt) . You are hereby notified of the ________(claimant agency's) intention to submit this debt to the South Carolina Department of Revenue to be set off against your individual income tax refund. Pursuant to the Setoff Debt Collection Act, this amount, plus all costs, will be deducted from your South Carolina individual income tax refund unless you file a written protest within thirty days of the date of this notice. If you file a joint return with your spouse, this amount will be deducted from the total joint refund without regard to which spouse incurred the debt or actually withheld the taxes. The protest must contain the following information:
(1) your name;
(2) your address;
(3) your social security number;
(4) the type of debt in dispute; and
(5) a detailed statement of all the reasons you disagree or dispute the debt.
The original written protest must be mailed to the ____(claimant agency) at the following address:
_______(address of the entity requesting the setoff) .'
Section 12-56-63. (A) A debtor who protests the debt shall file a written protest with the claimant agency at the address provided in the claimant agency's notification of intention to set off. The protest must be filed within thirty days of the date of the notice of intention to set off and must contain the debtor's name, address, and social security number, identify the type of debt in dispute, and give a detailed statement of all the reasons which support the protest. The requirements of this section are jurisdictional.
(B) An association defined as a political subdivision in Section 12-56-20(1) may contract with another political subdivision for the processing of debts to be submitted to the department. These services may be funded through an administrative fee. The association is exempt from the notice and appeal procedures of this chapter. The entity responsible for the notice and hearing requirements of this chapter is the political subdivision which has submitted its claim through the association or governmental entity which has submitted it directly to the department.
Section 12-56-65. (A) Before submitting a debt to the department, the claimant agency shall appoint a hearing officer to hear a protest of a debtor. This hearing officer is vested with the authority to decide a protest in favor of either the debtor or the claimant agency. The claimant agency shall certify to the department, on a form prescribed by the department, that a hearing officer has been appointed and shall inform the department of the name, address, and telephone number of the hearing officer. If this hearing officer is unable to serve at any time, the claimant agency shall appoint another hearing officer.
(B) Upon receipt of a notice of protest, the claimant agency shall notify the department that a protest has been received and shall hold an informal hearing at which the debtor may present evidence, documents, and testimony to dispute the debt. The claimant agency shall notify the debtor of the date, time, and location of the informal hearing. At the conclusion of the informal hearing, the hearing officer shall render his determination. Upon receipt of a sworn certification from the hearing officer that he held an informal hearing and ruled in favor of the claimant agency, the department may proceed with the setoff, regardless of a subsequent appeal by the debtor.
(C) A debtor may seek relief from the hearing officer's determination by requesting, within thirty days of the determination, a contested case hearing before the Administrative Law Judge Division. A request for a hearing before the Administrative Law Judge Division must be made in accordance with its rules.
(D) If a setoff is made and the determination of the hearing officer in favor of the claimant agency is later reversed, the claimant agency shall refund the appropriate amount to the taxpayer. If the claimant agency is found to be entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If the claimant agency is found to be entitled to a portion of the amount set off, it is not required to refund the administrative fee retained by the department.
(E) If a refund is retained in error, the claimant agency shall pay to the taxpayer interest calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final, except that interest does not accrue when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services.
(F) If the claimant agency determines that money has been erroneously or illegally set off, the claimant agency, in its discretion, may refund the amount of the setoff, even if the debtor does not file a protest.
(G) A setoff may not be contested more than one year after the date the setoff was made. The date of the setoff must be conclusively determined by the department. This provision must be construed as a statute of repose and not as a statute of limitation.
Section 12-56-67. This section does not create a right to jury trial where one does not already exist. Where a debtor otherwise is entitled to have a jury determine the issue of indebtedness, that right is preserved specifically. If a right to a jury trial already exists and the debtor wishes to exercise that right, the debtor is not required to request a contested case hearing before the Administrative Law Judge Division, but instead must file a summons and complaint in the Court of Common Pleas and serve the pleadings on the claimant agency within thirty days from the date of the hearing officer's determination. The summons and complaint must name the claimant agency as a defendant and the allegations of the complaint must contest the debt and any potential setoff.
Section 12-56-120. The department is exempt from the notice and appeal procedures of this chapter. The appeal procedures for the setoff of any debt owed to the department is governed by the provisions of Chapter 60 of Title 12 which provides the sole and exclusive remedy for these procedures."
D. Section 12-56-110 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-110. The department shall may promulgate regulations and prescribe forms and procedures necessary to implement this chapter."
E. All liabilities incurred and rights accrued before the effective date of this section are unaffected by the provisions of this section.
F. Upon approval by the Governor, this section applies to a liability incurred or a right accrued on and after that date. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following amendment (KGH\15748HTC99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-20-105(C) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(C) For the purpose of this section, 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public or private water and sewer systems;
(2) improvements to both public or private electric, natural gas, and telecommunication telecommunications systems including, but not limited to, ones owned or leased by an electric cooperative, electric utility, or electric supplier, as defined in Chapter 27, Title 58;
(3) fixed transportation facilities including highway, road, rail, water, and air;
(4) for a qualifying project under subsection (B)(2), infrastructure improvements include industrial shell buildings and the purchase of land for an office, business, commercial, or industrial park which is constructed by a county or political subdivision of this State."
B. Section 12-36-2120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) clothing and other attire required for working in a Class 100 or better as defined in Federal Standard 209E clean room environment."
C. Section 12-37-930(6)(c) of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"(c) Electronic Interconnection Component Assembly Devices for Computers and Computer Peripherals; semiconductors and semiconductor devices; substrates; flat panel displays; and liquid crystal displays......................................30%
Includes the manufacture of interconnection component assemblies and devices, semiconductors and semiconductor devices, flat panel displays, and liquid crystal displays which are incorporated in computers or computer peripherals, or other electronic control applications, and telecommunications devices. Computer peripherals include tape drives, compact disk read-only memory systems, hard disks, drivers, tape streamers, monitors, printers, routers, servers, and power supplies."
D. The schedule in Section 12-37-930 of the 1976 Code, as last amended by Act 231 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) Class 100 or better as defined in Federal Standard 209E Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems..........................10%
Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and waste water recycling systems; and safety alarm and monitoring systems."
E. Notwithstanding any other effective date provided in this act, subsection A. of this section takes effect upon approval by the Governor, and the remaining sections take effect upon approval by the Governor and apply for taxable years beginning after 1998. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE 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.
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators HOLLAND and LEVENTIS proposed the following amendment (JUD3705.002.doc), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 32, in Section 25-11-40(A), as contained in SECTION 1, by striking lines 32 through 35 in their entirety and inserting therein the following:
/ duty because of a service-connected disability. /
Amend the bill further, as and if amended, page 2, beginning on line 11, in Section 25-11-40(B), as contained in SECTION 1, by striking lines 11 through 12 and inserting therein the following:
/ nonveteran, if any veteran being considered for the post is not as qualified as a nonveteran being considered for the post. Qualifications shall be determined by the county delegation. Any such county veterans affairs officer shall be is /
Amend title to conform.
Senator HOLLAND 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. 565 (Word version) -- Senators Setzler, Moore, Leatherman and Leventis: A BILL TO AMEND CHAPTER 5, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, BY ADDING SECTION 29-5-440 SO AS TO PROVIDE FOR THE RIGHT TO SUE ON A PAYMENT BOND, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, FOR THE AMOUNT, OR BALANCE, UNPAID AT THE TIME OF INSTITUTING THE SUIT AND TO PROSECUTE THE ACTION TO FINAL EXECUTION AND JUDGMENT FOR THE SUM OR SUMS JUSTLY DUE; TO AMEND SECTION 11-35-3030, AS AMENDED, RELATING TO THE PROVISIONS FOR BOND AND SECURITY AND CONSTRUCTION SERVICES UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE CERTAIN PROVISIONS RELATIVE TO THE RIGHT TO INSTITUTE SUITS ON PAYMENT BONDS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; TO AMEND SECTION 57-5-1660, AS AMENDED, RELATING TO THE STATE HIGHWAY SYSTEM, CONSTRUCTION CONTRACTS AND PURCHASES, AND AMOUNTS OF AND ACTIONS ON CONTRACTORS' BONDS, SO AS TO DELETE CERTAIN PROVISIONS, AND TO ADD PROVISIONS FOR, AMONG OTHER THINGS, THE REQUIRED GIVING OF TWO WRITTEN NOTICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-120 SO AS TO PROVIDE FOR THE PROVISIONS APPLICABLE TO THE INSTITUTION OF A SUIT WHEN THE STATE OR A COUNTY, A MUNICIPALITY, OR A POLITICAL SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPALITY CONTRACTS FOR CONSTRUCTION AND REQUIRES THE PERSON OR ENTITY PERFORMING THE WORK TO FURNISH A PAYMENT BOND, NOT GOVERNED BY CERTAIN OTHER PROVISIONS OF LAW, IN THE FULL AMOUNT OF THE CONTRACT FOR THE PROTECTION OF PERSONS WHO FURNISH LABOR OR MATERIAL TO THE CONTRACTOR OR HIS SUBCONTRACTORS FOR THE WORK SPECIFIED IN THE CONTRACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (NBD\ 11394JM99), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 5 of Title 29 of the 1976 Code is amended by adding:
"Section 29-5-440. Every person who has furnished labor or material to a bonded contractor or its subcontractors in the prosecution of work provided for in any contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him.
A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, or services, unless the remote claimant has provided notice of furnishing labor or materials to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor or materials, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.
No suit under this section shall be commenced after the expiration of one year after the last date of furnishing or providing labor, services, or materials.
For purposes of this section, 'bonded contractor' means a contractor or subcontractor furnishing a payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION 2. Section 11-35-3030(2)(c) of the 1976 Code is amended to read:
"(c) Suits on Payment Bonds--Right to Institute. Every person who has furnished labor or material to the a bonded contractor or its his subcontractors for the work specified in the contract, in respect of which a payment bond is furnished under this section, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by such person or material was furnished or supplied by such person for which such claim is made, shall have the right to sue on the payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action for the sum or sums justly due such person. Any person having a direct contractual relationship with a subcontractor of the contractor, but no contractual relationship expressed or implied with the contractor furnishing such payment bond, A remote claimant shall have a right of action on the payment bond only upon giving written notice to the contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material upon which such claim is made, stating with substantial accuracy the amount claimed as unpaid and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such written notice to the bonded contractor shall be personally served or served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the bonded contractor at any place the bonded contractor maintains an a permanent office or conducts for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, or services, unless the remote claimant has provided notice of furnishing labor or materials to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor or materials, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.
No suit under this section shall be commenced after the expiration of one year after the last date of furnishing or providing labor, services, or materials.
For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION 3. Section 57-5-1660(b) of the 1976 Code is amended to read:
"(b) Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which such a bond has been furnished under this section and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him;. provided, however, that any person having direct contractual relationship with a sub-contractor but no contractual relationship expressed or implied with the contractor furnishing the bond A remote claimant shall have a right of action upon the bond only upon giving written notice by certified or registered mail to the contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom material was furnished or supplied or for whom labor was done or performed. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, or services, unless the remote claimant has provided notice of furnishing labor or materials to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of his business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor or materials, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.
For purposes of this section, 'bonded contractor' means the contractor or subcontractor furnishing the payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor, but no contractual relationship expressed or implied with the bonded contractor. No suit under this section shall be commenced after the expiration of one year after the date of the final settlement of the contract."
SECTION 4. Chapter 1 of Title 11 of the 1976 Code is amended by adding:
"Section 11-1-120. When the State or a county, city, public service district, or other political subdivision thereof, or other public entity contracts for construction and requires the person or entity performing the work to furnish a payment bond not governed by Section 11-35-3030(2)(c) or Section 57-5-1660(b), for the protection of persons who furnish labor or material to the contractor or its subcontractors for the work specified in the contract, the following provisions shall apply.
Every person who has furnished labor or material to a bonded contractor or its subcontractors in the prosecution of the work provided for in the contract for construction, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute such action to final execution and judgment for the sum or sums justly due him.
A remote claimant shall have a right of action on the payment bond only upon giving written notice by certified or registered mail to the bonded contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material upon which such claim is made. However, in no event shall the aggregate amount of any claim against such payment bond by a remote claimant exceed the amount due by the bonded contractor to the person to whom the remote claimant has supplied labor, materials, or services, unless the remote claimant has provided notice of furnishing labor or materials to the bonded contractor. Such written notice to the bonded contractor shall be personally served or sent by fax or sent by electronic mail or sent by registered or certified mail, postage prepaid, to the bonded contractor at any place the bonded contractor maintains a permanent office for the conduct of its business, or at the current address as shown on the records of the Department of Labor, Licensing and Regulation. After receiving the notice of furnishing labor or materials, no payment by the bonded contractor shall lessen the amount recoverable by the remote claimant. However, in no event shall the aggregate amount of claims on the payment bond exceed the penal sum of the bond.
No suit under this section shall be commenced after the expiration of one year after the last date of providing or furnishing labor, materials, or services.
For purposes of this section, 'bonded contractor' means a contractor or subcontractor furnishing a payment bond, and 'remote claimant' means a person having a direct contractual relationship with a subcontractor of a bonded contractor, but no contractual relationship expressed or implied with the bonded contractor."
SECTION 5. Section 29-5-23 of the 1976 Code, as added by Act 368 of 1992 and amended by Act 34 of 1997, is further amended to read:
"Section 29-5-23. Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the clerk of court or register of deeds in the county or counties where the real property is situate a notice of project commencement. The notice of project commencement shall contain the following information:
(1) the name and address of the person filing the notice of commencement;
(2) the name and address of the owner or developer;
(3) a general description of the improvement; and
(4) the location of the project.
The notice must be filed within fifteen days of the commencement of work and must be accompanied by a filing fee of fifteen dollars to be deposited in that county's general fund. The name and address of the contractor must be posted at the job site. A location notice also must be posted at the job site. The location notice must contain the following statement: 'The contractor on the project has filed a notice of project commencement at the county courthouse. Sub-subcontractors and suppliers to subcontractors shall comply with Section 29-5-20 when filing liens in connection with this project.' The failure to file a notice of project commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable. The failure to file a notice of project commencement shall also render the provisions of Sections 29-5-440, 11-35-3030(2)(c), 57-5-1660(b), and 11-1-120, relating to the requirement of a notice of providing labor or materials, inapplicable for a claim against a payment bond furnished by a contractor holding a direct contractual agreement with an owner. The filing of a notice of project commencement shall not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor shall it alter the aggregate amounts of liens allowable under Section 29-5-40, nor shall it affect the priority of any mortgage filed before or after the notice, nor shall it affect any future advances under any mortgage. The clerk of court or register of deeds in each county shall maintain a separate book and index of all notices of project commencements."
SECTION 6. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator SETZLER 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.
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LAND proposed the following amendment (NBD\ 11428MM99), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___ Title 6 of the 1976 Code is amended by adding:
Tax Increment Financing for Counties
Section 6-33-10. This chapter may be cited as the 'Tax Increment Financing Act for Counties'.
Section 6-33-20. (A) The General Assembly finds that:
(1) Section 14(10) of Article X of the Constitution of South Carolina provides that the General Assembly may authorize by general law that indebtedness for the purpose of redevelopment within counties may be incurred and that the debt service of such indebtedness be provided from the added increments of tax revenues to result from the project.
(2) An increasing demand for public services must be provided from a limited tax base. Incentives must be provided for redevelopment in areas which are, or threaten to become, predominantly slum or blighted.
(3) There exist in many counties of this State blighted, conservation, and sprawl areas; the sprawl and conservation areas are rapidly deteriorating and declining and may soon become blighted areas if their decline is not checked; the stable economic and physical development of the blighted areas, conservation areas, and sprawl areas are endangered by the presence of blighting factors as manifested by progressive and advanced deterioration of structures, by the overuse of housing and other facilities, by a lack of physical maintenance of existing structures, by obsolete and inadequate community facilities, and a lack of sound community planning, by obsolete platting, diversity of ownership, excessive tax, and special assessment delinquencies, or by a combination of these factors; that as a result of the existence of blighted areas, areas requiring conservation, and sprawl areas, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies and crime, and housing and zoning law violations in such areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in such areas, and threatens the health, safety, morals, and welfare of the public.
(4) In order to promote and protect the health, safety, morals, and welfare of the public, blighted conditions need to be eradicated and conservation measures instituted, sprawl areas controlled, and redevelopment of such areas undertaken; to remove and alleviate adverse conditions it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in such areas by the redevelopment of project areas. The eradication of blighted areas and treatment and improvement of sprawl areas and conservation areas by redevelopment projects is declared to be essential to the public interest.
(5) The use of incremental tax revenues derived from the tax rates of various taxing districts in redevelopment project areas for the payment of redevelopment project costs is of benefit to the taxing districts because taxing districts located in redevelopment project areas would not derive the benefits of an increased assessment base without the benefits of tax increment financing. All surplus tax revenues are turned over to the taxing districts in redevelopment project areas, and all taxing districts benefit from the removal of blighted conditions, the eradication of conditions requiring conservation measures, and control of sprawl conditions.
(B) The General Assembly intends to implement the authorization granted in Article X, Section 14 of the Constitution of this State. The authorization in this chapter provides for this State an essential method for financing redevelopment. The governing bodies of the counties are vested with all powers consistent with the Constitution necessary, useful, and desirable to enable them to accomplish redevelopment in areas which are or threaten to become blighted and to sufficiently meet all constitutional requirements pertaining to incurring indebtedness for the purpose of redevelopment and funding the debt service of such indebtedness from the added increment of tax revenues to result from such redevelopment as provided in Section 14(10) of Article X of the Constitution of this State. The indebtedness incurred pursuant to Section 14(10) of Article X of the Constitution is exempt from all debt limitations imposed by Article X. The powers granted in this chapter must be in all respects exercised for the benefit of the inhabitants of the State, for the increase of its commerce, and for the promotion of its welfare and prosperity.
(C) All action taken by any county in carrying out the purposes of this chapter shall perform essential governmental functions.
(D) Pursuant to the authorization granted in Article VIII, Section 13 of the Constitution of this State, if a redevelopment project area is located in more than one county, the powers granted herein may be exercised jointly.
Section 6-33-30. Unless the context clearly indicates otherwise:
(1) 'Blighted area' means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area.
(2) 'Conservation area' means any vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of a county that is not yet a blighted area but, because of a combination of three or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; depreciation of physical maintenance; or lack of community planning, is detrimental to the public safety, health, morals, or welfare and may become a blighted area.
(3) 'Sprawl area' means a vacant or improved area within the boundaries of a redevelopment project area located within the territorial limits of the unincorporated area of a county that is not yet a blighted area nor a conservation area but, because of the existence of one or more of the following conditions, has the potential to become blighted or in need of conservation:
(a) The sprawl area is an unincorporated urban zone, UUZ, which is an area within the unincorporated portion of the county issuing the finding and has a population density equal to or greater than the average population density of the incorporated municipalities within the territorial limits of the county issuing the finding.
(b) The sprawl area is a linear service zone, LSZ, which is an area within the unincorporated portion of the county issuing the finding which is or is likely to become an area no more than two miles wide at its widest point and no less than three miles in length and which, due to development within the zone, represents an impediment to vehicular and pedestrian traffic so that the county finds its existence a detriment to the:
( i) economic health and well-being of the county;
( ii) health or safety of the persons living, working, or traveling through the zone; or
(iii) efficient provision of governmental services both within and without the zone.
(c) The sprawl area is a rural redevelopment zone, RRZ, which is an area within the unincorporated portion of the county issuing the finding which consists primarily of vacant land which, if provided with certain environmental, energy, transportation, or communications infrastructure, could be developed as a planned community consisting of a minimum of one thousand contiguous acres of land, inclusive of flooded land.
(4) 'Municipality' means an incorporated municipality of this State.
(5) 'Obligations' means bonds, notes, or other evidence of indebtedness issued by the county to carry out a redevelopment project or to refund outstanding obligations.
(6) 'Redevelopment plan' means the comprehensive program of the county for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions which qualified the redevelopment project area as a blighted area, conservation area, or sprawl area, or combination of two or three of them, and to enhance the tax bases of the taxing districts which extend into the project redevelopment area. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, the anticipated sources of funds to pay costs, the nature and term of any obligations to be issued, the most recent equalized assessed valuation of the project area, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area. A redevelopment plan established by Chapter 10 of Title 31 is deemed a redevelopment plan for purposes of this item.
(7) 'Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects are to be publicly owned.
(8) 'Redevelopment project area' means an area designated by the county, which is not less in the aggregate than one and one-half acres and in respect to which the county has made a finding that there exist conditions that cause the area to be classified as a blighted area, a conservation area, or a sprawl area, or a combination of two or three of them. The total aggregate amount of all redevelopment project areas of any one county may not exceed five percent of the total acreage of the county.
(9) 'Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:
(a) costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services;
(b) property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land;
(c) costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project;
(d) costs of the construction of a redevelopment project;
(e) financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto;
(f) relocation costs to the extent that a county determines that relocation costs must be paid or required by federal or state law.
(10) 'Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and public and any other municipal corporations or districts with the power to levy taxes. Taxing districts include school districts which have taxes levied on their behalf.
(11) 'Vacant land' means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings.
(12) 'County' means any county in the State.
Section 6-33-40. Obligations secured by the special tax allocation fund set forth in Section 6-33-70 for the redevelopment project area may be issued to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 6-33-110 against the taxable property included in the area and other revenue as specified in Section 6-33-110 designated by the county which source does not involve revenues from any tax or license. In the ordinance the county may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 6-33-70 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a county only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the county to the county treasurer. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area. In addition to obligations secured by the special tax allocation fund, the county may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project. The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the county. If the governing body determines to sell any obligations, the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the county.
A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the treasurer of each county in which any portion of a redevelopment project is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.
A county also may issue its obligations to refund in whole or in part obligations previously issued by the county under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to 'obligations' are considered to include these refunding obligations. The debt incurred by a county pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.
Section 6-33-50. The proceeds from obligations issued under authority of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.
Section 6-33-60. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.
Section 6-33-70. A county, within five years after the date of adoption of an ordinance providing for approval of a redevelopment plan pursuant to Section 6-33-80, may issue obligations under this chapter to finance the redevelopment project upon adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified 'total initial equalized assessed value' established in accordance with Section 6-33-100(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 6-33-100(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the county which shall deposit the taxes into a special fund called the special tax allocation fund of the county for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The county may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.
Any ordinance adopted based on acts of the county occurring before the effective date of this chapter must incorporate by reference and adopt those prior acts undertaken in accordance with the procedures of this chapter as if they had been undertaken pursuant to this chapter.
When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the county, all surplus funds then remaining in the special tax allocation fund must be paid by the county treasurer immediately to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement of all obligations of a county issued under this chapter, and the distribution of any surplus monies pursuant to this section, the county shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.
If five years have passed from the time a redevelopment project area is designated and the county has not issued obligations under this chapter to finance the redevelopment project, upon the expiration of the five-year term, the county shall adopt an ordinance terminating the designation of the redevelopment project area.
Section 6-33-75. If a municipality annexes a tract of property located in a redevelopment project area, the value of each parcel of real property therein for purposes of the ad valorem taxes of the municipality shall be that which is attributable to its initial equalized assessed value before the redevelopment project and not to the increase in its equalized assessed value due to the redevelopment project.
Section 6-33-80. (A) Prior to the issuance of any obligations under this chapter, the county shall set forth by way of ordinance the following:
(1) a copy of the redevelopment plan containing a statement of the objectives of a county with regard to the plan;
(2) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;
(3) a statement containing the cost estimates of the redevelopment plan and redevelopment project and the projected sources of revenue to be used to meet the costs including estimates of tax increments and the total amount of indebtedness to be incurred;
(4) a list of all real property in the redevelopment project area;
(5) the duration of the redevelopment plan;
(6) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located and, if residential development is included in the plan, the estimated impact on public school enrollment;
(7) findings that:
(a) the redevelopment project area is a blighted, conservation, or sprawl area and that private initiatives are unlikely to alleviate these conditions without substantial public assistance,
(b) property values in the area would remain static or decline without public intervention, and
(c) redevelopment is in the interest of the health, safety, and general welfare of the citizens of the county.
(B) Before approving any redevelopment plan under this chapter, the governing body of the county must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the county and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.
Not less than forty-five days prior to the date set for the public hearing, the county shall give notice to all taxing districts of which taxable property is included in the redevelopment project area, and in addition to the other requirements of the notice set forth in the section, the notice shall request each taxing district to submit comments to the county concerning the subject matter of the hearing prior to the date of the public hearing.
(C) If a taxing district does not file an objection to the redevelopment plan at or prior to the date of the public hearing, the taxing district is considered to have consented to the redevelopment plan and the issuance of obligations under this chapter to finance the redevelopment project, provided that the actual term of obligations issued is equal to or less than the term stated in the notice of public hearing. The county may issue obligations to finance the redevelopment project to the extent that each affected taxing district consents to the redevelopment plan. The tax increment for a taxing district that does not consent to a redevelopment plan as defined in this chapter must not be included in the special tax allocation fund established pursuant to this chapter.
(D) If the redevelopment plan includes residential development, then to the extent that the findings pursuant to subsection (A)(6) demonstrate increased public school enrollment because of this development, then an amount of the increment equal to the average property tax collected per pupil in the district multiplied by the estimated increased enrollment is not credited to the special tax allocation fund but is instead allocated to the affected school district as other school tax revenue.
(E) Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 6-33-80, changes may be made in the redevelopment plan which do not alter the exterior boundaries or do not substantially affect the general land use established in the plan or substantially change the nature of the redevelopment project, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the county in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterwards challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.
(F) After adoption of an ordinance approving a redevelopment plan, any alteration in the exterior boundaries, general land uses established pursuant to the redevelopment plan, maximum term of maturity of obligations to be issued under the plan, or the redevelopment project must be approved by resolution of each affected taxing district in accordance with the procedures provided in this chapter for the initial approval of a redevelopment project and designation of a redevelopment project area.
Section 6-33-90. When there are any persons residing in the area covered by the redevelopment plan:
(1) the redevelopment plan shall include:
(a) an assessment of the displacement impact of the redevelopment project and provisions for the relocation of all persons who would be displaced by the project, provided that no residents may be displaced by a redevelopment project unless housing is made available to them pursuant to the terms of this section;
(b) provisions for the creation of housing opportunities to the extent feasible to enable a substantial number of the displaced persons to relocate within or in close proximity to the area covered by the redevelopment plan.
(2) Prior to authorizing the demolition of any residential units in connection with a tax increment financing plan, the governing body of the county must ensure that the redevelopment plan complies with the requirements of this section and further that standard housing is made available to all persons to be displaced.
(3) Persons displaced by a redevelopment plan are entitled to the benefits and protections available under Section 28-11-10. The costs of the relocation are proper expenditures for the proceeds of any obligations issued under this chapter.
Section 6-33-100. (A) If a county by ordinance approves a redevelopment plan pursuant to Section 6-33-80, the auditor of the county, immediately after adoption of the ordinance pursuant to Section 6-33-80, upon request of the county, must determine and certify:
(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of adoption of the ordinance adopted pursuant to Section 6-33-80, which value is the 'initial equalized assessed value' of the property; and
(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the 'total initial equalized assessed value' of the taxable real property within the redevelopment project area.
(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the county adopts an ordinance dissolving the special tax allocation fund for the redevelopment project.
Section 6-33-110. Revenues received by the county from any property, building, or facility owned by the county or any agency or authority established by the county in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the county incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The county is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the county may make any pledges and covenants authorized by any provision of those chapters. The county may place the revenues in the special tax allocation fund or a separate fund which must be held by the county or financial institution designated by the county. Revenue received by the county from the sale or other disposition of real property acquired by the county with the proceeds of obligations issued under the provisions of this chapter must be deposited by the county in the special tax allocation fund or a separate fund which must be held by the county or financial institution designated by the county. Proceeds of grants may be pledged by the county and deposited in the special tax allocation fund or a separate fund.
Section 6-33-120. Counties and municipalities may jointly adopt redevelopment plans and authorize obligations as provided under the provisions of this chapter and Chapter 6 of Title 31."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LAND 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. 613 (Word version) -- Senators Passailaigue, Drummond, Giese, Ravenel, Mescher, Ford, Grooms and Washington: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (SBD/613.001), which was adopted:
Amend the bill, as and if amended, page 5, line 17 by adding an appropriately lettered subsection to read:
/ Upon review of the audit report required in Section 59-123-60 (B) (18), the legislature by joint resolution or the Governor by Executive Order may request audits to be completed by the State Auditors Office and/or the Legislative Audit Council. Based on the findings reported in the audit required in Section 59-123-60 (B) (18), by the State Auditors Office or by the Legislative Audit Council, the legislature, by joint resolution may require intervention by the Budget and Control Board for the purposes of rectifying any material findings reflected in the audits. /
Amend further, page 5, line 17, by adding an appropriately lettered subsection to read:
/ A trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, who has been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such trustee, the Governor shall inform him in writing of the specific charges against him and give him an opportunity on reasonable notice to be heard. The Governor shall appoint a successor to fill the vacancy created by his removal. The successor appointed by the Governor is to serve in that position until a successor is elected and qualified in accordance with Section 59-123-50. /
Amend further, page 5, line 17 by adding an appropriately lettered subsection to read:
/ The Medical University Hospitals and Clinics shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals so long as the services are requested and required by the university. /
Amend further, page 5, line 17, by adding an appropriately lettered subsection to read:
/ Beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University Hospitals and Clinics shall be redirected to the Department of Health and Human Services. These funds shall be used as match funds for the Disproportionate Share for Hospitals federal program. Any excess funding may be used for hospital base rate increases. The Department of Health and Human Services shall transfer an amount equal to the 1999-2000 appropriation for the Medical University Hospitals and Clinics in addition to any other funds that are available to the Medical University Hospitals and Clinics through the state Medicaid program inclusive of the Disproportionate Share program. The Medical University Hospital and Clinics shall continue to be a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina. /
Amend further, Section 59-123-60 (B)(7), Section 2, page 3, line 29 by deleting / convey /.
Amend further, by deleting Section 59-123-60 (B)(8), Section 2, page 3, beginning on line 35, and inserting:
/ (8) sell, convey, lease, exchange, and otherwise dispose of all, substantially all, or a major part of its property subject to the authority and approval of the Budget and Control Board. These activities are exempt from the South Carolina Consolidated Procurement Code and regulations and general laws governing disposal of surplus government property. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE 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 Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 861 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 862 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2425, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 863 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEFINED PROGRAM GRADES 9-12, RELATING TO DEFINED PROGRAM GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2317, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 864 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2400, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Committee of Judiciary proposed the following amendment (JUD0023.002.DOC), which was adopted:
Amend the bill, as and if amended, page 1, line 27, after the word /Annotated/ by inserting / Appendix /.
Amend the bill further, as and if amended, page 2, line 26, in Section 59-101-375(A)(2), as contained in SECTION 3 after the word /Annotated/ by inserting / Appendix /.
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.
H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator DRUMMOND asked unanimous consent to recommit the Bill to the Committee on Finance, retaining its place on the Calendar.
There was no objection.
S. 831 (Word version) -- Senators Wilson, Bryan, Giese and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
On motion of Senator PEELER, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE spoke on the Bill.
With Senator RAVENEL retaining the floor, Senator MOORE asked unanimous consent to make a motion to proceed to a consideration of H. 3677 for the purpose of taking a roll call vote on the question of second reading and, upon completion of the consideration of H. 3677, the Senate would revert to a consideration of H. 3276.
Senator J. VERNE SMITH objected.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal as follows:
PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State is amended to read:
"(8) (A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B) Personal property otherwise assessed pursuant to subitem (A) of this item required to be titled by a state or federal agency, not including units of manufactured housing, must be taxed on an assessment equal to ten and one-half percent of fair market value or some percentage of fair market value less than ten and one-half percent but not less than six percent as may be set by the governing body of the county in consultation with all property taxing entities in the county."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State, be amended so as to establish a separate class of property for purposes of the property tax consisting of personal property required to be titled by a state or federal agency, not including units of manufactured housing, which may be assessed for property tax at a percentage of fair market value less than ten and one-half percent but not less than six percent as may be set by the governing body of the county in consultation with all property taxing entities in the county?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 4, Article X of the Constitution of this State is amended to read:
"Section 4. (A) The General Assembly shall provide for the assessment of all property for taxation, whether for state, county, school, municipal, or any other political subdivision. All taxes shall be levied on that assessment. The governing body of a county may, by ordinance, determine fair market value of real property as provided in subsections (B), (C), and (D).
(B) Except as provided in subsection (C) of this section and notwithstanding any other provision of Article X, an amount of fair market value of a parcel of real property located in a county sufficient to limit to fifteen percent any valuation increase attributable to the implementation of a countywide appraisal and equalization program is exempt from ad valorem taxation.
(C) The exemption allowed by this section does not apply to:
(1) real property valued for property tax purposes by the unit valuation method;
(2) value attributable to permanent improvements made after the most recent countywide equalization program;
(3) property transferred after the most recent countywide equalization program (except property transfers between spouses or transfers that are not subject to income tax as defined by the Internal Revenue Code and incorporated by reference or otherwise enacted by the General Assembly);
(4) the computation of the index of taxpaying ability or other formulas as may be enacted regarding state aid for public education (K-12);
(5) the computation of the debt ceiling limitation.
(D) The governing body of a county by ordinance may implement the provisions of this section to the prior countywide appraisal and equalization program, provided a taxpayer is not eligible for a refund of past property taxes based upon the enactment of an ordinance authorized by this section."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 4 of Article X of the Constitution of this State be amended so as to limit, with certain exceptions, the increase in value to fifteen percent for a parcel of real property as a result of a countywide reassessment?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the third reading of the Joint Resolution.
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 Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator LAND, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 661 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 37 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 17, "SOUTH CAROLINA TITLE LENDERS ACT", WHICH ESTABLISHES A LICENSURE AND REGULATION FRAMEWORK FOR TITLE LENDERS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SHORT spoke on the Bill.
Senator JACKSON argued in favor of the second reading of the Bill.
On motion of Senator JACKSON, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
S. 12 (Word version) -- Senators Leventis, Hutto, Glover, Washington and Short: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
Senator LEVENTIS spoke on the Bill.
On motion of Senator LEVENTIS, debate was adjourned on the Bill.
H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Grooms Holland Hutto Land Leatherman Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Waldrep Washington Wilson
Fair Gregory Hayes * Jackson Leventis Martin Ryberg Smith, J. Verne Thomas
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MOORE, with unanimous consent, H. 3677 remained in the status of Special Order in the Chairmen's Committee slot.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 26, 1999, at 1:00 P.M., and the following Acts and Joint Resolutions were ratified:
(R56, S. 36 (Word version)) -- Senators Waldrep, Elliott, Ryberg and Reese: AN ACT 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 AND TO PROVIDE CIRCUMSTANCES UNDER WHICH A FILING PERIOD MAY BE REOPENED OR EXTENDED.
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(R57, S. 56 (Word version)) -- Senators Alexander and Elliott: AN ACT TO AMEND SECTION 58-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION'S REGULATION OF WATER AND SEWER UTILITIES' ADEQUACY OF SERVICE, ISSUANCE OF AN ORDER TO PROVIDE ADEQUATE AND PROPER SERVICE, FINE OR PENALTY, AND LIEN ON PROPERTY OF THE UTILITY, SO AS TO REQUIRE RATHER THAN PERMIT THE IMPOSITION OF A PENALTY OR FINE UNDER CERTAIN CONDITIONS, AND INCREASE THE AMOUNT OF THE PENALTY OR FINE; AND TO AMEND SECTION 58-5-720, RELATING TO THE FILING OF A BOND OR CERTIFICATES OF DEPOSIT PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION OF CONSTRUCTION OR OTHER WORK ON A WATER OR SEWER SYSTEM, SO AS TO INCREASE THE AMOUNT OF THE BOND.
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(R58, S. 247 (Word version)) -- Senators Leatherman, McGill and Elliott: AN ACT TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO PROVIDE THAT THE FLORENCE COUNTY ELECTION COMMISSION ESTABLISH POLLING PLACES FOR THESE PRECINCTS; AND TO REPEAL SECTION 7-7-265 RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
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(R59, S. 324 (Word version)) -- Senator Russell: AN ACT TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.
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(R60, S. 328 (Word version)) -- Senator Cork: AN ACT TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
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(R61, S. 333 (Word version)) -- Senator Setzler: AN ACT TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE PROOF OF A CERTIFICATE IN MASSAGE ISSUED BEFORE JANUARY 1, 1974; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 40-30-40, AS AMENDED, AND SECTION 40-30-65 RELATING TO THE ADVISORY PANEL AND THE DISCIPLINARY PANEL FOR MASSAGE/BODYWORK, RESPECTIVELY, SO AS TO DELETE THE PROHIBITION AGAINST PANEL MEMBERS SERVING MORE THAN TWO TERMS.
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(R62, S. 358 (Word version)) -- Senator Peeler: AN ACT TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
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(R63, S. 379 (Word version)) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott, Peeler and Leatherman: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
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(R64, S. 454 (Word version)) -- Senator Land: AN ACT TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
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(R65, S. 539 (Word version)) -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT AND DELETE A FURTHER RESIDENCY REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60, RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.
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(R66, S. 543 (Word version)) -- Senator Gregory: AN ACT TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED FOR LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA.
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(R67, S. 577 (Word version)) -- Senators McConnell, Leventis, Ryberg and Ford: AN ACT TO AMEND SECTION 2-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT A PERSON MAY NOT SEEK MORE THAN ONE JUDICIAL VACANCY AT THE SAME TIME.
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(R68, S. 598 (Word version)) -- Judiciary Committee: AN ACT TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO AMEND THE CAPTION OF CHAPTER 9, TITLE 18, FROM "APPEALS TO SUPREME COURT" TO "APPEALS TO SUPREME COURT AND COURT OF APPEALS"; TO REPEAL SECTIONS 14-8-540 RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150 RELATING TO COSTS ON APPEAL TO THE SUPREME COURT; AND 17-4-90 RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.
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(R69, S. 620 (Word version)) -- Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL, PROVIDE, FURNISH, OR RELEASE TO A PRIVATE PARTY CERTAIN INFORMATION IT COMPILES FOR THE PURPOSE OF ISSUING TO A PERSON A DRIVER'S LICENSE OR A SPECIAL IDENTIFICATION CARD, TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN A PERSON'S DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD RECORD IS NOT A PUBLIC RECORD, AND TO PROVIDE THAT A PRIVATE PERSON OR A PRIVATE ENTITY SHALL NOT USE CERTAIN ELECTRONICALLY STORED INFORMATION OBTAINED FROM A DRIVER'S LICENSE RECORD.
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(R70, S. 628 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R71, S. 660 (Word version)) -- Judiciary Committee: AN ACT TO AMEND SECTION 43-35-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADULT PROTECTION, SO AS TO PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES, NEGLECTS, OR EXPLOITS A VULNERABLE ADULT IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIVE YEARS, TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN FIFTEEN YEARS, AND TO FURTHER PROVIDE THAT ANY PERSON WHO KNOWINGLY AND WILFULLY ABUSES OR NEGLECTS A VULNERABLE ADULT RESULTING IN DEATH IS GUILTY OF A FELONY AND MUST BE IMPRISONED NOT MORE THAN THIRTY YEARS; TO AMEND SECTION 16-1-90, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN DEATH IS A CLASS A FELONY, TO FURTHER PROVIDE THAT ABUSE OR NEGLECT OF A VULNERABLE ADULT RESULTING IN GREAT BODILY INJURY IS A CLASS D FELONY, AND TO FURTHER PROVIDE THAT ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT IS A CLASS F FELONY; AND TO ADD SECTION 16-3-1050, SO AS TO PROVIDE PENALTIES FOR ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT.
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(R72, S. 679 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R73, S. 728 (Word version)) -- Medical Affairs Committee: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, SO AS TO ENACT THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT" WHICH REQUIRES PERSONS OR ENTITIES THAT ACQUIRE AN AUTOMATED EXTERNAL DEFIBRILLATOR TO COMPLY WITH CERTAIN TRAINING, TESTING, AND USE PROCEDURES AND TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WHEN IN COMPLIANCE.
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(R74, 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.
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(R75, S. 758 (Word version)) -- Senators Patterson, Courson, Giese and Jackson: AN ACT 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.
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(R76, S. 814 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.
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(R77, H. 3106 (Word version)) -- Rep. Harris: AN ACT TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.
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(R78, H. 3118 (Word version)) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: AN ACT TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.
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(R79, 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: AN ACT 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; AND TO AMEND CHAPTER 27, TITLE 24, RELATING TO INMATE LITIGATION, BY ADDING SECTION 24-27-500 SO AS TO PROVIDE FOR THE APPLICATION OF THE RELIGIOUS FREEDOM ACT TO THE REGULATIONS OF STATE OR LOCAL CORRECTIONAL FACILITIES.
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(R80, H. 3337 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.
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(R81, H. 3445 (Word version)) -- Reps. Keegan, Carnell, H. Brown, Harrell, Quinn and Knotts: AN ACT TO AMEND SECTION 59-107-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVER ALL DEBT LIMIT ON STATE INSTITUTION BONDS, SO AS TO REPEAL THE LIMIT AND PROVIDE THAT THE MAXIMUM AMOUNT OF ANNUAL DEBT SERVICE ON ALL OUTSTANDING STATE INSTITUTION BONDS FOR EACH STATE INSTITUTION SHALL NOT EXCEED NINETY PERCENT OF THE SUMS RECEIVED BY SUCH STATE INSTITUTION.
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(R82, H. 3579 (Word version)) -- Education and Public Works Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-68 SO AS TO ESTABLISH A PROCEDURE WHEREBY THE STATE BOARD OF EDUCATION SHALL ADOPT AND THE SCHOOL DISTRICTS SHALL USE A UNIFORM GRADING SCALE NO LATER THAN SCHOOL YEAR 2000-2001.
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(R83, H. 3581 (Word version)) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: AN ACT TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 36-8-113 SO AS TO PROVIDE FOR THE ENFORCEABILITY OF AN UNWRITTEN CONTRACT FOR THE SALE OF SECURITIES; TO AMEND SECTION 36-1-206, RELATING TO THE STATUTE OF FRAUDS FOR ENFORCEMENT OF CONTRACTS FOR THE SALE OF CERTAIN PERSONAL PROPERTY, SO AS TO CONFORM THE CROSS REFERENCE TO THE PROVISION FOR ENFORCEMENT OF AN UNWRITTEN CONTRACT FOR THE SALE OF SECURITIES; AND TO REPEAL SECTION 36-8-319 RELATING TO THE STATUTE OF FRAUDS FOR A CONTRACT FOR THE SALE OF SECURITIES.
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(R84, H. 3643 (Word version)) -- Reps. Sandifer and Barrett: AN ACT TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING BY ADDING ARTICLE 10 RELATING TO MOTORBOATS ON TUGALO LAKE SO AS TO PROVIDE THAT, WITH CERTAIN EXCEPTIONS, NO MOTOR IN EXCESS OF TWENTY HORSEPOWER SHALL BE USED ON ANY VESSEL OPERATED ON TUGALO LAKE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R85, H. 3715 (Word version)) -- Rep. Bailey: AN ACT 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.
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(R86, H. 3716 (Word version)) -- Rep. Bailey: AN ACT 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.
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(R87, H. 3749 (Word version)) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT 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.
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(R88, H. 3783 (Word version)) -- Rep. Ott: AN ACT TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES, SO AS TO MOVE CALHOUN COUNTY FROM GAME ZONE THREE TO SIX.
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(R89, H. 3789 (Word version)) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
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(R90, H. 3829 (Word version)) -- Reps. Klauber, Carnell, Clyburn, W. McLeod, Parks, Stille, Taylor and Wilder: AN ACT 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.
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(R91, H. 3865 (Word version)) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: AN ACT TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.
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(R92, H. 3888 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.
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(R93, H. 3891 (Word version)) -- Reps. McKay and McGee: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS, SO AS TO REVISE A JURY AREA IN FLORENCE COUNTY.
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(R94, H. 3907 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R95, H. 3909 (Word version)) -- Reps. Lucas and Neilson: AN ACT TO REPEAL SECTION 50-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TAKING OF CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON.
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(R96, 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.
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(R97, H. 3951 (Word version)) -- Reps. Harris, Jennings, Carnell, H. Brown and Law: AN ACT TO AMEND SECTION 61-4-580, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN AN ESTABLISHMENT LICENSED TO SELL BEER OR WINE, SO AS TO EXEMPT FROM THE PROHIBITION ON GAMBLING OR GAMES OF CHANCE PROMOTIONAL GAMES CONDUCTED IN CONNECTION WITH THE SALE OR PROMOTION OF A CONSUMER PRODUCT OR SERVICE IN WHICH NO ENTRY FEE OR PURCHASE IS REQUIRED OF A PARTICIPANT AND THIS NO FEE OR PURCHASE REQUIREMENT IS CLEARLY DISCLOSED.
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(R98, H. 3956 (Word version)) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R99, H. 3960 (Word version)) -- Reps. Barfield, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, TO PROVIDE THAT IT IS UNLAWFUL TO HAVE MORE THAN THIRTY BREAM IN POSSESSION WHEN FISHING ON THESE RIVERS, TO PROVIDE THAT BREAM MAY NOT BE USED AS BAIT AFTER JUNE 30, 2001, AND TO PROVIDE PENALTIES.
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(R100, H. 3970 (Word version)) -- Reps. Scott, Bales, J. Brown, Cotty, Harrison, Howard, Lourie, Neal, Quinn, Rutherford and J. Smith: AN ACT 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.
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(R101, H. 4082 (Word version)) -- Reps. Stille, Carnell and Townsend: AN ACT TO ABOLISH THE ABBEVILLE COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT 60, AND TO CHANGE THE NAME OF ABBEVILLE COUNTY SCHOOL DISTRICT 60 TO THE ABBEVILLE COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 2000.
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At 1:27 P.M., on motion of Senator MOORE, the Senate receded from business until 1:30 P.M.
At 1:30 P.M., the Senate resumed.
Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Alvin E. Bligen, Post Office Box 216, Edisto Island, S.C. 29438
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Lisa H. Cain, 116 Flatwood Road, Hodges, S.C. 29653
Reappointment, Orangeburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Rita W. Brown, P.O. Box 355, Springfield, S.C. 29146
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George E. Ackerman of Fort Mill, S.C.
At 1:31 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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