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, in honor of St. Patrick, the patron saint of Ireland (who lived approximately 389 A.D. to 461 A.D.) we pray in the words of Henry van Dyke:
"Lord God of the ages,
Let me but live my life from year to year, with forward face and unreluctant soul; not hurrying to, nor turning from the goal; not mourning for the things that disappear from what the future veils; but with a whole and happy heart, that pays its toll to Youth and Age, and travels on with cheer.
So, let the way wind up the hill or down, o'er rough or smooth, the journey will be joy; still seeking what I sought when but a boy, new friendship, high adventure, and a crown.
My heart will keep the courage of the quest, and hope the road's last turn will be the best..."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese 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
Senators GLOVER recorded her presence subsequent to the Call of the Senate.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
James B. Gosnell, 3213 Hagerty Drive, Charleston, S.C. 29414
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jack I. Guedalia, 1320 Winchester Drive, Charleston, S.C. 29407
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Harold R. Stein, P. O. Box 23, Wadmalaw Island, S.C. 29487
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Clevette LaVonne Hudnell, 6904 Gavilan Ave., Columbia, S.C. 29203 VICE James B. Hardy (deceased)
Senator DRUMMOND introduced Dr. Stanley C. Baker of Greenwood, S.C., Doctor of the Day.
At 11:17 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 12:45 P.M.
There was no objection and a message was sent to the House accordingly.
H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Senator LAND asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
Senator LAND asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
On motion of Senator LAND, the Concurrent Resolution was adopted and ordered returned to the House.
H. 3685 (Word version) -- Reps. Harvin, Barfield, G. Brown, J. Brown, Canty, Dantzler, Gourdine, J. Hines, Hinson, Law, M. McLeod, Ott and Woodrum: A BILL TO AMEND SECTION 51-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SANTEE COOPER COUNTIES PROMOTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO BORROW MONEY.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator LAND, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 615 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 15-3-530 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ASSAULT AND BATTERY IS SUBJECT TO A THREE-YEAR STATUTE OF LIMITATIONS, AND TO AMEND SECTION 15-3-550, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ASSAULT AND BATTERY IS DELETED FROM THE LIST OF CAUSES OF ACTION SUBJECT TO A TWO-YEAR LIMIT ON ACTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 616 (Word version) -- Senators Jackson and Courson: A CONCURRENT RESOLUTION TO COMMEND MARVIN CHERNOFF FOR HIS OUTSTANDING COMMITMENT AND RECORD OF PUBLIC SERVICE TO HIS COMMUNITY, COLUMBIA, AND THE GREATER COLUMBIA AREA, AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING NAMED BY THE GREATER COLUMBIA CHAMBER OF COMMERCE AS AMBASSADOR OF THE YEAR FOR 1999.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 617 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. STANLEY L. "STAN" NEWBY, JR. OF MCCORMICK AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Health Alliance to attend a luncheon at the Capital City Club on Tuesday, March 23, 1999, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Mortgage Brokers Association to attend a reception at the Sterling Garden Center on Tuesday, March 23, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from The Roundtable-Forum on Children's Issues to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, March 24, 1999, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Optometric Association to attend a reception at the Capital City Club on Wednesday, March 24, 1999, from 6:30 until 8:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Conservation Policy Initiative to attend a breakfast at the Capital City Club on Thursday, March 25, 1999, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Bill Dukes to attend a reception at the Blue Marlin on Tuesday, March 30, 1999, from 6:00 until 7:30 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Prayer Fellowship to attend a prayer breakfast at the Embassy Suites Hotel on Wednesday, March 31, 1999, from 7:30 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell
Passailaigue McGill Washington Reese
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3415 (Word version) -- Reps. Bailey, Walker and Sandifer: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ELLIOTT proposed the following amendment (3415R001.DE), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Chapter 57, Title 40 of the 1976 Code is amended by adding:
"Section 40-57-141. A real estate agent or agents that know or should have known of the existence of a rental contract in place on the property must disclose such information in writing to a potential purchaser on or before the origination of a sales contract. Such notice is sufficient notice to the purchaser of their obligation to honor such rental contract. Selling agent or agents who fail to timely and properly disclose such information shall be fined at least five hundred dollars, in addition to being subject to other disciplinary action as determined by the South Carolina Real Estate Commission that may include revocation of his real estate license." /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
S. 454 (Word version) -- Senator Land: A BILL 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.
S. 598 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR, AND RELATING TO JUDICIAL REVIEW OF CERTAIN APPEALS; OF OTHER AGENCIES AND DEPARTMENTS. (ABBREVIATED TITLE)
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3040 (Word version) -- Reps. Littlejohn, McKay, Rodgers and Barfield: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY OR JAPAN WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY EITHER NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS IN THIS STATE.
Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator COURTNEY, the Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar.
S. 240 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment previously proposed by Senators PASSAILAIGUE, McCONNELL, RAVENEL, MESCHER, COURSON, THOMAS, MARTIN, RANKIN, RUSSELL, GIESE, BRANTON, BRYAN, WILSON, CORK, ELLIOTT and FORD on March 9, 1999.
Senators PASSAILAIGUE, McCONNELL, RAVENEL, MESCHER, COURSON, THOMAS, MARTIN, RANKIN, RUSSELL, GIESE, BRANTON, BRYAN, WILSON, CORK, REESE, ELLIOTT and FORD proposed the following Amendment No. 1B (11R007.ELP), which was adopted:
Amend the joint resolution, as and if amended, by adding the following new SECTIONS to read:
/ SECTION _____. 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 ____. 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
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson 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
The amendment was adopted.
Senator McCONNELL moved that the text of the Joint Resolution, as amended, be printed upon the pages of the Journal and that the Joint Resolution be ordered to receive a second reading with notice of general amendments.
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State 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
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?
No [ ]
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 second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson 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
The Joint Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
S. 154 (Word version) -- Senators Passailaigue, Giese, Leventis, Hayes, Washington and Reese: A JOINT RESOLUTION TO CREATE THE VETERANS' MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
S. 601 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2355,
Senator ALEXANDER explained the Resolution.
S. 602 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE COMMISSION, RELATING TO VACATION TIME-SHARING, EDUCATIONAL PROVIDERS, AND REAL ESTATE PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
S. 603 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF REGISTRATION FOR GEOLOGISTS, RELATING TO FEES, USE OF SEAL, CONTINUING EDUCATION, AND REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
S. 604 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS,LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
S. 605 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO FEES, COMMISSIONS, ACCOUNTING FIRMS, LICENSURE, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION
Senator McCONNELL explained the Resolution.
S. 606 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO DEFINITIONS, OFFICERS, MEETINGS, SEAL OF THE BOARD, APPLICATIONS AND FEES, REGISTRATION BY EXAMINATION, REGISTRATION BY RECIPROCITY, RENEWALS, DUPLICATE CERTIFICATES, PRACTICE OF FIRMS, SEALS, ETHICS, MANNER OF DISCIPLINE, AND REINSTATEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
S. 607 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR SAFETY, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.
Senator HUTTO explained the Bill.
H. 3725 (Word version) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER
H. 3678 (Word version) -- Reps. Haskins and J. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 24, 1999, AS "SOUTH CAROLINA DAY OF REMEMBRANCE OF THE ARMENIAN GENOCIDE OF 1915-1923" SO AS TO HONOR THE MEMORY OF THE ONE AND ONE-HALF MILLION PEOPLE OF ARMENIAN ANCESTRY WHO LOST THEIR LIVES DURING THAT TERRIBLE TIME AND TO HONOR THE MEMORY OF THE VICTIMS OF GENOCIDE THROUGHOUT THE WORLD.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
Senator MOORE explained the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, AND TO AMEND CHAPTER 7 OF TITLE 20 RELATING TO VARIOUS SECTIONS OF THE CHILDREN CODE. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MOORE proposed the following amendment (PT\1364AC99):
Amend the bill, as and if amended, Section 20-7-510, page 11, by deleting lines 12 and 13 and inserting:
/ mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, /
Amend title to conform.
On motion of Senator MOORE, the Bill was carried over.
S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney and Holland: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION
On motion of Senator RUSSELL, with unanimous consent, the name of Senator RUSSELL was added as a co-sponsor to the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN spoke on the Bill.
Senator HUTTO proposed the following Amendment No. 1 (Trans\263HUTTO)), which was laid on the table:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/ SECTION . Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. Point system established; schedule of points for violations.
There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving ................................................................. 6
Passing stopped school bus ................................................ 6
Hit-and-run, property damages only .................................. 6
Driving too fast for conditions, or speeding for
posted limits less than 70 m.p.h.:
(1) No more than 10 m.p.h. above the
posted limits ................................................................ 2
(2) More than 10 m.p.h. but less than 25
m.p.h. above the posted limits ..................................... 4
(3) 25 m.p.h. or above the posted limits .......................... 6
Driving too fast for conditions, or speeding for
posted limits of 70 m.p.h. and over:
(1) No more than 5 m.p.h. above the
posted limit ...................................................... ...........2
(2) More than 5 m.p.h. but 10 m.p.h. or
or less than the posted limit .........................................3
(3) More than 10 m.p.h. but less than 25
m.p.h. above the posted limit ..................................... 4
(4) 25 m.p.h. or above the posted limit .........................6
Disobedience of any official traffic control
device .............................................................................. 4
Disobedience to officer directing traffic ........................... 4
Failing to yield right of way ..............................................4
Driving on wrong side of road .......................................... 4
Passing unlawfully ............................................................ 4
Turning unlawfully ........................................................... 4
Driving through or within safety zone .............................. 4
Failing to give signal or giving improper
signal for stopping, turning, or suddenly
decreased speed .............................................................. 2
Shifting lanes without safety precaution .......................... 2
Improper dangerous parking ............................................ 2
Following too closely ........................................................4
Failing to dim lights ......................................................... 2
Operating with improper lights ........................................ 2
Operating with improper brakes ....................................... 4
Operating a vehicle in unsafe condition ............................2
Driving in improper lane .................................................. 2
Improper backing ............................................................. 2 ."
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
Senator PEELER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators BRYAN and GIESE proposed the following Amendment No. 2 (263R001.JEB), which was laid on the table:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/ SECTION ___. Section 56-5-6520 of the 1976 Code is amended to read:
"Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age to wear a safety belt or other child restraint system as provided for in Article 47."
SECTION ____. Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:
"(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to a lap belt;.
(10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."
SECTION ____. Section 56-5-6540 of the 1976 Code is amended to read:
"(A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments or surcharges may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. A fine imposed pursuant to this section against the driver for failing to wear a safety belt shall be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt shall be assessed against that occupant. A fine imposed pursuant to this section against an occupant or occupants under the age of eighteen for failing to wear a safety belt shall be assessed against the driver if he is eighteen years of age or older; however, the total fine assessed against a driver for any one incident shall be no more than twenty-five dollars. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a
(B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:
(1) an occupant of the motor vehicle is not wearing a safety belt or other child restraint system as required by Article 47; or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action." /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator GIESE argued in favor of the adoption of the amendment.
At 12:16 P.M., Senator COURSON assumed the Chair.
Senator GIESE moved that the amendment be adopted.
Senators McCONNELL and PATTERSON argued contra to the adoption of the amendment.
At 12:40 P.M., the PRESIDENT assumed the Chair.
Senator PATTERSON continued speaking on the Bill.
Senator BRYAN spoke on the Bill.
Senator PEELER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Cork Courson Courtney Elliott Ford Glover Gregory Grooms Holland Leatherman Leventis Martin Matthews McConnell Mescher Passailaigue Patterson Peeler Ravenel Reese Russell Ryberg Saleeby Setzler Short Waldrep Washington Wilson
Branton Bryan Drummond Fair Giese Hayes Hutto Jackson Land McGill Moore O'Dell Rankin Smith, J. Verne Thomas
The amendment was laid on the table.
I voted to table the primary enforcement of seat belts amendment that was proposed as an amendment on an increase on interstate highways because the Bill on primary enforcement is on the calendar (S. 415) and it should be considered on that Bill. This amendment, if passed, could have killed this Bill and created a Senate filibuster. I am prepared to vote for primary enforcement on S. 415 when it comes before the body.
Senators RAVENEL and WILSON proposed the following Amendment No. 5 (263R002.AR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION as follows:
/ SECTION ___. Chapter 23, Title 57 of the 1976 Code is amended by adding:
"Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:
(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.
(2) a roadside shall be mowed within thirty feet wide from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.
(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.
(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.
(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign." /
Renumber sections to conform.
Amend title to conform.
Senator RAVENEL explained the amendment.
Senator RAVENEL moved that the amendment be adopted.
The amendment was adopted.
Senators FAIR, RANKIN, WALDREP and RYBERG proposed the following Amendment No. 7 (GGS\22228CM99), which was laid on the table:
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 56-1-2155. (A) In addition to the fines and court assessments that are imposed upon a person convicted of speeding while operating a commercial motor vehicle with three or more axles and a gross vehicle weight rating or registered weight of 35,000 pounds or more and while operating in a fifty-five mile an hour or greater zone, the following fines must be assessed:
VIOLATION FINE
6 to 10 m.p.h. above the posted speed limit $50.00
11 to 15 m.p.h. above the posted speed limit $100.00
16 m.p.h. or more above the posted speed limit $350.00
(B) Notwithstanding another provision of law, all revenue generated pursuant to this section is earmarked for the use of the Motor Carrier Service Section of the State Transport Police Division of the Department of Public Safety and must be used specifically for improving motor carrier services." /
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senators FAIR and RYBERG spoke on the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators FAIR, RYBERG, WALDREP and RANKIN proposed the following Amendment No. 6A (263R004.mlf), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
/ SECTION _____. The 1976 Code is amended by adding:
"Section 56-1-2156. Notwithstanding any other provision of law, a commercial motor vehicle driver may not be assessed points against his driving record for failing to comply with lane restrictions posted on the interestate highway system by the Department of Transportation. For purposes of this section, a driver record means a commercial driver's license issued pursuant to Article 13, Chapter 1 of Title 56 and a
Amend title to conform.
Renumber sections to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senators SHORT and COURTNEY proposed the following Amendment No. 8 (263R003.LHS), which was adopted:
Amend the bill, as amended by the amendment bearing document number 263r002.ar, as and if amended, by adding at the end of Section 57-23-800 an appropriately lettered new subsection to read:
/ "(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to the highways, then the department may increase the distance from the pavement required to be mowed." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Senator BRYAN desired to be recorded as voting against the third reading of the Bill.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 17, 1999, at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:
(R8, S. 248 (Word version)) -- Senators Leatherman and McGill: AN ACT TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE
(R9, S. 294 (Word version)) -- Senator Wilson: AN ACT TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
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(R10, S. 322 (Word version)) -- Senator Holland: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
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(R11, S. 355 (Word version)) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9", TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT APPROPRIATE SIGNS FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9", AND TO PROVIDE THAT THE
(R12, S. 357 (Word version)) -- Senators Hayes and Giese: AN ACT TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
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(R13, S. 457 (Word version)) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R14, S. 498 (Word version)) -- Senators McGill and Ravenel: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
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(R15, S. 562 (Word version)) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO MAKE A FACILITY ESTABLISHED TO PROVIDE RADIATION THERAPY SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
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(R16, H. 3259 (Word version)) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Law, Martin, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
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(R17, H. 3332 (Word version)) -- Reps. Miller, Lanford and W. McLeod: AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE
(R18, H. 3346 (Word version)) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION, MAINTENANCE, AND SUPERVISION OF A GOLF FACILITY AS A PERMITTED ACTIVITY OF THE DISTRICT, TO REQUIRE THAT THE GOVERNING BODY OF THE DISTRICT MUST CONDUCT OR CONTRACT FOR A FEASIBILITY AND MARKETING STUDY WHICH MUST BE SUBMITTED TO THE COUNTY COUNCIL WHICH MUST APPROVE ANY PLAN TO OPERATE A GOLF FACILITY, TO REQUIRE THE FACILITY TO BE FINANCIALLY SELF-SUSTAINING AND THE FACILITY MUST BE PROVIDED, MAINTAINED, AND SUPERVISED IN CONJUNCTION WITH A PUBLIC INSTITUTION OF HIGHER LEARNING LOCATED IN CHARLESTON COUNTY.
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(R19, H. 3360 (Word version)) -- Reps. Koon, Harvin, Vaughn and Sharpe: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA FORESTRY COMMISSION TO RETAIN THE REIMBURSEMENTS PAID TO IT BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THROUGH THE STATE OF FLORIDA, OTHERWISE REQUIRED TO LAPSE TO THE GENERAL FUND OF THE STATE, FOR REPAIRS AND MAINTENANCE TO COMMISSION FIRE PROTECTION EQUIPMENT USED IN THE FLORIDA FOREST FIRE
(R20, H. 3412 (Word version)) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.
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(R21, H. 3558 (Word version)) -- Reps. Bailey, Cobb-Hunter and Young-Brickell: AN ACT TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO PROVIDE THAT TRUSTEES MUST BE ELECTED AT THE GENERAL ELECTION BEGINNING IN THE YEAR 2000.
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(R22, H. 3567 (Word version)) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: AN ACT TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.
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(R23, H. 3625 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES OF SIXTEEN MILLION DOLLARS TO THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR THE CHARLESTON HARBOR DREDGING PROJECT.
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(R24, H. 3639 (Word version)) -- Rep. Carnell: AN ACT TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
Senator MOORE asked unanimous consent to make a motion to make the Bill a Special Order.
Senator RYBERG objected.
Senator MOORE moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
S. 528--Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME AND WATERCRAFT, SO AS TO ENACT "THE SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; (ABBREVIATED TITLE).
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PEELER spoke on the Bill.
On motion of Senator DRUMMOND, with unanimous consent, Amendment No. 9A was taken up for immediate consideration.
Senator PEELER proposed the following Amendment No. 9A (528R025.HSP), which was adopted:
Amend the bill, as and if amended, page 25, line 11, by striking / ten thirty / and inserting:
/ ten /
Amend the bill further, as and if amended, page 28, line 35, by striking / three ten / and inserting:
/ three /
Amend the bill further, as and if amended, page 28, by striking beginning on line 39 the following:
/ a the fee of one dollar is five dollars / and inserting:
/ a the fee of is one dollar /
Amend the bill further, as and if amended, page 29, beginning on line 9 and ending on line 11, by striking the following sentence:
/ Provided that one-half of the fees received and collected under this chapter be used for enforcement of the boating laws. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 6C (528R024.ELP), which was laid on the table:
Amend the bill, as and if amended, page 6, by striking lines 1 through 11, and inserting in lieu thereof the following:
/ (6) `Waters of the State' means waters within the territorial limits of the State. `Dealer permit' means a permit issued by the department to a marine business extending the privilege of using a temporary marine dealer certificate of numbers on boats or motors for any legal purpose. A dealer permit is only valid for the calendar year and it must be prominently displayed to the public. Applications for renewals must
Amend the bill, as and if amended, by amending SECTION 2, page 6, after line 12, by adding an appropriately numbered subitem to read:
/ (___) `Demonstration numbers' means a temporary certificate of numbers issued to a permitted marine dealer or manufacturer for the purpose of operating dealer owned watercraft, or used on watercraft that are placed with the dealer for repair. The demonstration numbers must not be permanently attached to the vessel. The dealer numbers must be on board the watercraft at all times during operating to identify that the dealer truly is licensed and operating legally. The dealer numbers may be used for any legal purpose. /
Amend the bill further, as and if amended, page 7, by striking lines 3 through 5, and inserting in lieu thereof the following:
/ marine dealer association boat shows. Each dealer shall apply to the department annually for a dealer's permit for each facility on forms prescribed by the department. A /
Amend the bill further, as and if amended, page 7, line 13, by adding a new sentence after / permanently. / to read:
/ Each dealer will be allowed to purchase nine demonstration numbers. /
Amend the bill further, as and if amended, by adding a new SECTION at the end to read:
/ SECTION _____. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-35. (A) The use of dealer demonstration numbers must be limited to the watercraft that are:
(1) owned by the dealership;
(2) assigned to the dealership, including customer watercraft in for service;
(3) used for prospective buyer for test ride purposes;
(4) watercraft using dealer demo numbers may be operated on South Carolina waters by persons employed by the dealership or persons associated personally with the dealership such as a corporate officer;
(5) prospective watercraft buyers may also operate the watercraft with the dealer numbers while in test operation. If a customer operates a boat or watercraft during an extended demonstration, the dealer must execute a form designating the buyer to use such watercraft. Prospective buyers are limited to operating with dealer numbers for a period of seventy-two hours;
(6) employees, owners, and agents who operate or may operate dealer owned watercraft using dealer demo numbers must be listed on the dealer application form. This list must include the name, address, and social security number. The names may be updated during the current licensing year as employees are added or leave and must be done within a thirty-day period.
(B) Any dealer who is convicted of misusing dealer demonstration numbers must be punished as follows:
(1) for a first offense, a one hundred dollar fine;
(2) for a second offense, a two hundred dollar fine;
(3) for a third offense, a three hundred dollar fine;
(4) for a fourth and subsequent offense, a three hundred dollar fine and the department may suspend the dealer's license."
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND, with unanimous consent, spoke on the Bill.
Senator PASSAILAIGUE continued speaking on the amendment.
Senator GREGORY argued contra to the adoption of the amendment.
Senator GREGORY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Cork Courson Drummond Fair Giese Gregory Grooms Hayes Holland Hutto Jackson Leatherman Leventis Martin McGill Moore Peeler Rankin Ravenel Russell Ryberg Thomas Waldrep Wilson
Branton Courtney Elliott Ford Glover Land Matthews McConnell Mescher O'Dell Passailaigue Patterson Reese Setzler Short Washington
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 3A (528r015.elp), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 50-21-870(B)(6) of the 1976 Code is amended to read:
"(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;. The prohibitions contained in this item (6) do not apply to an unoccupied, moored vessel or watercraft;" /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 4A (528R016.HSP), which was adopted:
Amend the bill, as and if amended, page 16, line 30, by striking the words:
/ the department or /.
Amend the bill further, as and if amended, page 16, lines 31-32, by striking the words:
/ the department or /.
Amend the bill further, as and if amended, page 16, line 34, by striking the words / the department / and inserting:
/ SLED /.
Amend the bill further, as and if amended, page 17, line 29, by striking the words / SLED The department / and inserting:
/ SLED /.
Amend the bill further, as and if amended, page 17, lines 38-39, by striking the words / the department, SLED, / and inserting:
/ SLED /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 7A (528R019.JCL), which was adopted:
Amend the bill, as and if amended, page 8, line 41, by deleting the words / five hundred / and inserting:
/ one thousand /
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 8A (528R020.LKG), which was laid on the table:
Amend the bill, as and if amended, page 10, lines18-19 by striking the words / water device / and inserting:
/ vessel /
Amend the bill further, as and if amended, page 10, by striking lines 38 through 43 and inserting in lieu thereof the following:
/ person's privilege to operate a water device vessel within this State shall be suspended until successful completion of the required program.
A person's privilege to operate a water device vessel within this State shall be suspended by the department for a period of ninety days upon conviction of a second offense of reckless operation of a water device vessel within a five-year period. Following the ninety-day /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator HUTTO moved to lay the amendment on the table.
The amendment was laid on the table.
The question then was the third reading of the Bill.
Senator PEELER spoke on the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:
On motion of Senator PASSAILAIGUE, 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:
James B. Gosnell, 3213 Hagerty Drive, Charleston, S.C. 29414
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jack I. Guedalia, 1320 Winchester Drive, Charleston, S.C. 29407
Reappointment, Charleston County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Harold R. Stein, P. O. Box 23, Wadmalaw Island, S.C. 29487
Having received a favorable report from the Richland County Delegation, the following appointment was confirmed in open session:
On motion of Senator PATTERSON, the following appointment was confirmed in open session:
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Clevette LaVonne Hudnell, 6904 Gavilan Ave., Columbia, S.C. 29203 VICE James B. Hardy (deceased)
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph Drew Smith, beloved son of Randall and Karen Smith of Lexington, S.C.
At 1:50 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Friday, June 26, 2009 at 9:43 A.M.