Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, history, sometimes, has a way of repeating itself. Hear Jeremiah, Chapter 29:7:
"But seek the welfare of the city where I have sent you in exile, and pray to the Lord on its behalf, for in its welfare you will find your welfare."
Let us pray.
Father, from the way we often think, it seems a bit strange that You urged the Israelites, in exile, to seek the welfare of their conquerors, Babylon... "Build houses," "plant gardens..." "take wives," "multiply there and do not decrease"... "for surely, I know the plans I have for you... plans for your welfare... plans to give you a future with hope."
Father, Rick Warren said, "We are products of our past, but we don't have to be prisoners of it."
Father of the human race, help us to be liberated in the thoughts that come to us when we pray!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2002, and to expire October 21, 2006
Allendale County
Daniel L. Cannady, P. O. Box 301, Allendale, S.C. 29810 VICE H. Carl Gooding
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2002
Barnwell County
Abe H. Moskow, M.D., Barnwell Pediatrics, PA, P. O. Box 1302, Barnwell, S.C. 29812 VICE Jacqueline P. Ramsey
The following were received and referred to the appropriate committee for consideration:
Document No. 2889
Agency: Department of Labor, Licensing and Regulation -
Building Codes Council
SUBJECT: Barrier Free Design, Building Codes Council
Received by Lieutenant Governor February 10, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 9, 2004
Document No. 2890
Agency: Department of Labor, Licensing and Regulation -
Manufactured Housing Board
SUBJECT: Definitions, License, Financial Responsibility, Retail Dealer, Installers, Training, Examinations, Complaints and Hearings, Manufactured Home Installation Requirements
Received by Lieutenant Governor February 11, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 10, 2004
Document No. 2891
Agency: Department of Labor, Licensing and Regulation -
Board of Medical Examiners
SUBJECT: Continued Competency
Received by Lieutenant Governor February 10, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 9, 2004
(Subject to Sine Die Revision)
Senator COURSON introduced Dr. Tommy Gibbons of Irmo, S.C., Doctor of the Day.
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
The House returned the Bill with amendments.
Senator McCONNELL was recognized.
Senator MARTIN asked unanimous consent to make a motion to carry over the Bill.
Senator PATTERSON objected.
Senator McCONNELL relinquished the floor.
Senator MARTIN moved to carry over the Bill.
The Bill was carried over.
The Senate proceeded to the selection of committee assignments.
AGRICULTURE AND NATURAL RESOURCES
Waldrep, Robert L., Jr., Chairman
Cromer, Ronnie
Elliott, Dick
Fair, Michael
Glover, Maggie W.
Grooms, Larry R.
Hutto, C. Bradley
Knotts, John M. "Jake", Jr.
Kuhn, John R.
Leventis, Phil
Martin, Larry
Matthews, John W., Jr.
McGill, J. Yancey
Peeler, Harvey S., Jr.
Pinckney, Clementa C.
Ravenel, Arthur
Verdin, Danny
BANKING AND INSURANCE
Thomas, David L., Chairman
Alexander, Thomas C.
Courson, John E.
Cromer, Ronnie
Ford, Robert
Hayes, Robert W., Jr.
Jackson, Darrell
Leatherman, Hugh K.
Martin, Larry A.
Matthews, John W., Jr.
McConnell, Glenn F.
Patterson, Kay
Rankin, Luke
Reese, Glenn G.
Richardson, Scott H.
Ritchie, James H., Jr.
Setzler, Nikki
CORRECTIONS AND PENOLOGY
Fair, Michael L., Chairman
Anderson, Ralph
Branton, William S., Jr.
Courson, John
Ford, Robert
Giese, Warren K.
Glover, Maggie W.
Gregory, Greg
Hawkins, John D.
Leatherman, Hugh K.
Malloy, Gerald
Patterson, Kay
Pinckney, Clementa C.
Ravenel, Arthur
Ryberg, Greg
Short, Linda
Thomas, David L.
EDUCATION
Giese, Warren K., Chairman
Anderson, Ralph
Courson, John E.
Fair, Michael L.
Glover, Maggie W.
Gregory, Greg
Hayes, Robert W., Jr.
Kuhn, John R.
Matthews, John W., Jr.
Mescher, William C.
O'Dell, William H.
Patterson, Kay
Peeler, Harvey S.
Rankin, Luke A.
Setzler, Nikki
Short, Linda H.
Waldrep, Robert L., Jr.
ETHICS
Hayes, Robert, Chairman
Courson, John E.
Giese, Warren K.
Leatherman, Hugh K.
Leventis, Phil P.
Matthews, John
McConnell, Glenn F.
McGill, J. Yancey
Moore, Thomas L.
Reese, Glenn G.
FINANCE
Leatherman, Hugh K., Chairman
Alexander, Thomas C.
Branton, William S.
Courson, John E.
Drummond, John
Giese, Warren K.
Grooms, Larry R.
Hayes, Robert W., Jr.
Land, John C. III
Leventis, Phil
Matthews, John W., Jr.
McGill, J. Yancey
O'Dell, William H.
Patterson, Kay
Peeler, Harvey S., Jr.
Pinckney, Clementa C.
Ravenel, Arthur
Reese, Glenn G.
Ryberg, Greg
Setzler, Nikki
Short, Linda H.
Smith, J. Verne
Thomas, David L.
FISH, GAME AND FORESTRY
Gregory, Greg, Chairman
Branton, William S., Jr.
Cromer, Ronnie
Drummond, John
Elliott, Dick
Grooms, Larry R.
Hutto, C. Bradley
Land, John C. III
McConnell, Glenn F.
McGill, J. Yancey
Mescher, William
Moore, Thomas L.
Peeler, Harvey S.
Ravenel, Arthur
Richardson, Scott
Sheheen, Vincent A.
Waldrep, Robert L., Jr.
GENERAL COMMITTEE
Mescher, William, Chairman
Alexander, Thomas C.
Anderson, Ralph
Elliott, Dick
Ford, Robert
Glover, Maggie W.
Hawkins, John D.
Hayes, Robert W., Jr.
Knotts, Jake
Martin, Larry A.
O'Dell, William H.
Pinckney, Clementa C.
Richardson, Scott H.
Ryberg, Greg
Sheheen, Vincent A.
Short, Linda H.
Thomas, David L.
INTERSTATE COOPERATION
Smith, J. Verne, Chairman
Drummond, John
Leatherman, Hugh K.
McConnell, Glenn F.
Setzler, Nikki
INVITATIONS
Courson, John E., Chairman
Alexander, Thomas C.
Elliott, Dick
Knotts, John M. "Jake", Jr.
Kuhn, John R.
Matthews, John W., Jr.
McGill, J. Yancey
O'Dell, William H.
Patterson, Kay
Peeler, Harvey
Reese, Glenn G.
JUDICIARY
McConnell, Glenn F., Chairman
Anderson, Ralph
Cromer, Ronnie
Elliott, Dick
Fair, Michael L.
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Hawkins, John D.
Hutto, C. Bradley
Jackson, Darrell
Knotts, John M. "Jake", Jr.
Kuhn, John R.
Malloy, Gerald
Martin, Larry A.
Mescher, William
Moore, Thomas L.
Rankin, Luke
Richardson, Scott H.
Ritchie, James H., Jr.
Sheheen, Vincent A.
Verdin, Danny
Waldrep, Robert
LABOR, COMMERCE AND INDUSTRY
Smith, J. Verne, Chairman
Alexander, Thomas C.
Branton, William S., Jr.
Drummond, John
Ford, Robert
Hawkins, John D.
Jackson, Darrell
Leatherman, Hugh K.
Leventis, Phil
McConnell, Glenn F.
Mescher, William
Moore, Thomas L.
O'Dell, William H.
Reese, Glenn G.
Ryberg, Greg
Setzler, Nikki
Verdin, Danny
MEDICAL AFFAIRS
Peeler, Harvey S., Jr., Chairman
Anderson, Ralph
Branton, William S., Jr.
Courson, John E.
Fair, Michael L.
Giese, Warren K.
Grooms, Larry
Hayes, Robert W., Jr.
Hutto, C. Bradley
Jackson, Darrell
Malloy, Gerald
Moore, Thomas L.
Pinckney, Clementa C.
Ritchie, James H., Jr.
Short, Linda H.
Smith, J. Verne
Thomas, David L.
RULES
Martin, Larry A., Chairman
Alexander, Thomas C.
Cromer, Ronnie
Hutto, C. Bradley
Knotts, John M. "Jake", Jr.
Kuhn, John R.
Land, John C. III
Malloy, Gerald
Matthews, John W., Jr.
McConnell, Glenn F.
Moore, Thomas L.
O'Dell, William
Reese, Glenn G.
Ritchie, James H., Jr.
Sheheen, Vincent A.
Smith, J. Verne
Verdin, Danny
TRANSPORTATION
Ryberg, Greg, Chairman
Drummond, John
Elliott, Dick
Grooms, Larry A.
Hawkins, John D.
Knotts, John M. "Jake"
Kuhn, John R.
Land, John C. III
Leatherman, Hugh K.
Leventis, Phil
Malloy, Gerald
McGill, J. Yancey
Rankin, Luke
Ravenel, Arthur
Richardson, Scott H.
Ritchie, James H., Jr.
Verdin, Danny
ALEXANDER, THOMAS C.
Banking and Insurance
Finance
General
Invitations
Labor, Commerce and Industry
Rules
ANDERSON, RALPH
Corrections and Penology
Education
General
Judiciary
Medical Affairs
BRANTON, WILLIAM S., JR.
Corrections and Penology
Finance
Fish, Game and Forestry
Labor, Commerce and Industry
Medical Affairs
COURSON, JOHN E.
Banking and Insurance
Corrections and Penology
Education
Ethics
Finance
Invitations, Chairman
Medical Affairs
CROMER, RONNIE W.
Agriculture and Natural Resources
Banking and Insurance
Fish, Game and Forestry
Judiciary
Rules
DRUMMOND, JOHN
Finance
Fish, Game and Forestry
Interstate Cooperation
Labor, Commerce and Industry
Transportation
ELLIOTT, DICK
Agriculture and Natural Resources
Fish, Game and Forestry
General
Invitations
Judiciary
Transportation
FAIR, MICHAEL L.
Agriculture and Natural Resources
Corrections and Penology, Chairman
Education
Judiciary
Medical Affairs
FORD, ROBERT
Banking and Insurance
Corrections and Penology
General
Judiciary
Labor, Commerce and Industry
GIESE, WARREN K.
Corrections and Penology
Education, Chairman
Ethics
Finance
Medical Affairs
GLOVER, MAGGIE W.
Agriculture and Natural Resources
Corrections and Penology
Education
General
Judiciary
GREGORY, GREG
Corrections and Penology
Education
Fish, Game and Forestry, Chairman
Judiciary
GROOMS, LARRY R.
Agriculture and Natural Resources
Finance
Fish, Game and Forestry
Medical Affairs
Transportation
HAWKINS, JOHN D.
Corrections and Penology
General
Judiciary
Labor, Commerce and Industry
Transportation
HAYES, ROBERT W., JR.
Banking and Insurance
Education
Ethics, Chairman
Finance
General
Medical Affairs
HUTTO, C. BRADLEY
Agriculture and Natural Resources
Fish, Game and Forestry
Judiciary
Medical Affairs
Rules
JACKSON, DARRELL
Banking and Insurance
Judiciary
Labor, Commerce and Industry
Medical Affairs
KNOTTS, JOHN M. "JAKE", JR.
Agriculture and Natural Resources
General
Invitations
Judiciary
Rules
Transportation
KUHN, JOHN R.
Agriculture and Natural Resources
Education
Invitations
Judiciary
Rules
Transportation
LAND, JOHN C. III
Finance
Fish, Game and Forestry
Rules
Transportation
LEATHERMAN, HUGH K.
Banking and Insurance
Corrections and Penology
Ethics
Finance, Chairman
Interstate Cooperation
Labor, Commerce and Industry
Transportation
LEVENTIS, PHIL
Agriculture and Natural Resources
Ethics
Finance
Labor, Commerce and Industry
Transportation
MALLOY, GERALD
Corrections and Penology
Judiciary
Medical Affairs
Rules
Transportation
MARTIN, LARRY A.
Agriculture and Natural Resources
Banking and Insurance
General
Judiciary
Rules, Chairman
MATTHEWS, JOHN W., JR.
Agriculture and Natural Resources
Banking and Insurance
Education
Ethics
Finance
Invitations
Rules
McCONNELL, GLENN F.
Banking and Insurance
Ethics
Fish, Game and Forestry
Interstate Cooperation
Judiciary, Chairman
Labor, Commerce and Industry
Rules
McGILL, J. YANCEY
Agriculture and Natural Resources
Ethics
Finance
Fish, Game and Forestry
Invitations
Transportation
MESCHER, WILLIAM
Education
Fish, Game and Forestry
General, Chairman
Judiciary
Labor, Commerce and Industry
MOORE, THOMAS L.
Ethics
Fish, Game and Forestry
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules
O'DELL, WILLIAM H.
Education
Finance
General
Invitations
Labor, Commerce and Industry
Rules
PATTERSON, KAY
Banking and Insurance
Corrections and Penology
Education
Finance
Invitations
PEELER, HARVEY S., JR.
Agriculture and Natural Resources
Education
Finance
Fish, Game and Forestry
Invitations
Medical Affairs, Chairman
PINCKNEY, CLEMENTA C.
Agriculture and Natural Resources
Corrections and Penology
Finance
General
Medical Affairs
RANKIN, LUKE
Banking and Insurance
Education
Judiciary
Transportation
RAVENEL, ARTHUR
Agriculture and Natural Resources
Corrections and Penology
Finance
Fish, Game and Forestry
Transportation
REESE, GLENN G.
Banking and Insurance
Ethics
Finance
Invitations
Labor, Commerce and Industry
Rules
RICHARDSON, SCOTT H.
Banking and Insurance
Fish, Game and Forestry
General
Judiciary
Transportation
RITCHIE, JAMES H., JR.
Banking and Insurance
Judiciary
Medical Affairs
Rules
Transportation
RYBERG, GREG
Corrections and Penology
Finance
General
Labor, Commerce and Industry
Transportation, Chairman
SETZLER, NIKKI
Banking and Insurance
Education
Finance
Interstate Cooperation
Labor, Commerce and Industry
SHEHEEN, VINCENT A.
Fish, Game and Forestry
General
Judiciary
Rules
SHORT, LINDA H.
Corrections and Penology
Education
Finance
General
Medical Affairs
SMITH, J. VERNE
Finance
Interstate Cooperation
Labor, Commerce and Industry, Chairman
Medical Affairs
Rules
THOMAS, DAVID L.
Banking and Insurance, Chairman
Corrections and Penology
Finance
General
Medical Affairs
VERDIN, DANNY
Agriculture and Natural Resources
Judiciary
Labor, Commerce and Industry
Rules
Transportation
WALDREP, ROBERT L., Jr.
Agriculture and Natural Resources, Chairman
Education
Fish, Game and Forestry
Judiciary
H. 3612 (Word version) -- Reps. Littlejohn, Bailey, Cotty, Anthony, Whipper, Mahaffey, Miller, Battle, R. Brown, J.H. Neal, Rutherford, Frye, Bales, Bowers, G. Brown, J. Brown, Cobb-Hunter, Dantzler, Freeman, Gourdine, Harvin, Hayes, Ott, Clark, Lee, E.H. Pitts, Martin, McLeod, McCraw, Moody-Lawrence, Neilson, Phillips, Rhoad, Rivers, Scott, F.N. Smith, Snow, Stille, Townsend and Umphlett: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS WITHIN SUCH COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
On motion of Senator MARTIN, with unanimous consent, the Bill was committed to the Committee on Finance.
The following were introduced:
S. 943 (Word version) -- Senator Gregory: A SENATE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 2003 FORT MILL HIGH SCHOOL BAND AND THEIR DIRECTOR, MARTIN DICKEY, ON THEIR ACHIEVEMENTS OF EXCELLENCE IN MUSIC ON BEING NAMED CLASS AAAA STATE CHAMPIONS AND ONE OF THE TOP TWENTY-FIVE BANDS IN AMERICA AND TO COMMEND THEM ON THEIR HARD WORK AND DEDICATION.
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The Senate Resolution was adopted.
S. 944 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE BROOKLAND-CAYCE HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM AND THEIR HEAD COACH, JOHN CHECKOVICH, AND ASSISTANT COACH, NINYA CHECKOVICH, ON WINNING THE 2003 CLASS AAA GIRLS VARSITY VOLLEYBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 945 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 46-27-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA COMMERCIAL FEED ACT, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD OTHER DEFINITIONS; TO AMEND SECTION 46-27-40, RELATING TO CERTAIN UNLAWFUL SALES UNDER THE ACT, SO AS TO CORRECT SPECIFIED REFERENCES AND TO PROVIDE THAT IT IS UNLAWFUL TO OFFER FOR SALE ANY FEED THAT IS ADULTERATED OR MISBRANDED; TO ADD SECTION 46-27-41 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE MISBRANDED; TO ADD SECTION 46-27-42 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN COMMERCIAL FEED IS CONSIDERED TO BE ADULTERATED; TO ADD SECTION 46-27-45 SO AS TO REQUIRE MANUFACTURERS, IMPORTERS, DISTRIBUTORS, AND DEALERS OF COMMERCIAL FEEDS TO MAINTAIN CERTAIN RECORDS; TO AMEND SECTION 46-27-310, RELATING TO THE LABELING OF COMMERCIAL FEEDS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS AND DISPLAY OF LABELING INFORMATION; TO ADD SECTION 46-27-350 SO AS TO ESTABLISH PROCEDURES FOR THE REVIEW OF A PRODUCT LABEL BY THE DEPARTMENT OF AGRICULTURE; TO AMEND SECTION 46-27-410, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO INSPECT AND TAKE SAMPLES OF COMMERCIAL FEED, SO AS TO FURTHER PROVIDE FOR THE RIGHTS OF THE COMMISSIONER IN THIS REGARD AND TO REQUIRE RECEIPTS DESCRIBING THE SAMPLES OBTAINED; TO AMEND SECTION 46-27-420, RELATING TO ANALYSIS OF SAMPLES, SO AS TO PROVIDE FOR THE MANNER IN WHICH SAMPLING AND ANALYSES MUST BE CONDUCTED; TO AMEND SECTION 46-27-440, RELATING TO THE UNLAWFUL OBSTRUCTION OF THE INSPECTION OF FEEDS, SO AS TO AUTHORIZE THE DEPARTMENT OR ITS AGENTS TO OBTAIN A COURT ORDER DIRECTING A PREMISE TO BE MADE AVAILABLE FOR INSPECTION; TO AMEND SECTION 46-27-610, RELATING TO THE AUTHORITY OF THE COMMISSION TO SUSPEND SALES OF FEED, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE "WITHDRAWAL OF DISTRIBUTION" ORDERS AND TO PROVIDE FOR THE TERMS OF AND THE PROCEDURES FOR THESE ORDERS; TO ADD SECTION 46-27-625 SO AS TO AUTHORIZE THE COMMISSIONER TO APPLY FOR AND BE GRANTED INJUNCTIONS; TO AMEND SECTION 46-27-650, RELATING TO THE REQUIREMENT THAT THE COMMISSIONER NOTIFY DEALERS AND SOLICITORS OF CERTAIN VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THIS NOTICE; AND TO ADD SECTION 46-27-700 SO AS TO AUTHORIZE THE COMMISSIONER AND HIS REPRESENTATIVES TO COOPERATE WITH STATE AND FEDERAL AGENCIES IN REGARD TO THIS ACT.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 946 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
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Read the first time and referred to the Committee on Education.
S. 947 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS COLLECTED BY COUNTY CLERKS OF COURT, REGISTERS OF DEEDS, AND TREASURERS, SO AS TO IMPOSE A SINGLE FEE EQUAL TO FIFTEEN DOLLARS FOR THE RECORDING OF A MORTGAGE ON REAL ESTATE WHICH INCLUDES SUBSEQUENT RECORDING OF A SATISFACTION OF THAT MORTGAGE.
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Read the first time and referred to the Committee on Judiciary.
S. 948 (Word version) -- Senators McGill and O'Dell: A BILL TO ENACT THE "MEDICAL MALPRACTICE AND PATIENT SAFETY REFORM ACT" BY ADDING CHAPTER 80 TO TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH, AMONG OTHER THINGS, ESTABLISHES THE MEDICAL CLAIMS REVIEW OFFICE IN THE DEPARTMENT OF INSURANCE TO CONDUCT PRELITIGATION REVIEWS OF ALL CLAIMS OF ALLEGED MEDICAL MALPRACTICE, TO PROVIDE THAT THIS OFFICE SHALL APPOINT PANELS OF HEALTHCARE PROVIDERS TO REVIEW THESE CLAIMS, TO FURTHER PROVIDE FOR THE OPERATION OF THESE PANELS, AND TO PROVIDE THAT SUBMITTING SUCH A CLAIM FOR REVIEW TOLLS THE STATUTE OF LIMITATIONS; TO REQUIRE MANDATORY ADJUSTING OF MEDICAL MALPRACTICE CLAIMS BY A HEALTHCARE PROVIDER'S INSURANCE CARRIER AND TO FURTHER PROVIDE FOR THE CARRIER'S RESPONSIBILITIES IN ADJUSTING THESE CLAIMS; TO REQUIRE CERTAIN IDENTIFYING HEALTHCARE PROVIDER OUTCOME DATA TO BE AVAILABLE TO CERTAIN GOVERNMENTAL ENTITIES AND TO REQUIRE CERTAIN NONIDENTIFYING HEALTHCARE PROVIDER OUTCOME DATA AND CERTAIN IDENTIFYING HOSPITAL OUTCOME DATA TO BE AVAILABLE TO THE PUBLIC, AND TO PROVIDE THAT SUCH INFORMATION IS NOT ADMISSIBLE IN A MALPRACTICE ACTION OR SUBJECT TO THE FREEDOM OF INFORMATION ACT; TO REQUIRE PARTIES IN A MEDICAL MALPRACTICE ACTION TO PARTICIPATE IN MEDIATION PRIOR TO THE CASE COMING TO TRIAL AND TO AUTHORIZE MEDIATION AT ANY TIME AND BINDING ARBITRATION UPON AGREEMENT OF THE PARTIES; TO REQUIRE THE COURT TO REPORT AN EXPERT TO THE APPROPRIATE PROFESSIONAL LICENSING ENTITY IF THE EXPERT IN A MALPRACTICE ACTION MAY HAVE ENGAGED IN UNJUSTIFIABLE CONDUCT WHILE TESTIFYING AND TO PROVIDE THAT BY TESTIFYING AS AN EXPERT IN SUCH AN ACTION, A HEALTHCARE PROVIDER AGREES TO SUBMIT, FOR CERTAIN PURPOSES, TO THE JURISDICTION OF THAT LICENSING ENTITY; TO ESTABLISH A THREE-HUNDRED-THOUSAND-DOLLAR CAP ON NONECONOMIC DAMAGES AND TO PROVIDE FOR AN ANNUAL ADJUSTMENT BASED ON THE CONSUMER PRICE INDEX; TO PROVIDE THAT IN MEDICAL MALPRACTICE ACTIONS LIABILITY FOR DAMAGES IS APPORTIONED ACCORDING TO EACH DEFENDANT'S PERCENTAGE OF FAULT, TO ALSO PROVIDE FOR THE REALLOCATION OF DAMAGES WHEN A DEFENDANT'S SHARE OF THE DAMAGES IS UNCOLLECTABLE, AND TO PROVIDE THAT A DEFENDANT IS SUBJECT TO CONTRIBUTION WHEN HIS SHARE OF THE DAMAGES IS REALLOCATED AMONG THE OTHER DEFENDANTS; TO REMOVE THE BAR IMPOSED BY THE STATUTE OF LIMITATIONS UNDER CERTAIN CIRCUMSTANCES IN MEDICAL MALPRACTICE ACTIONS FOR THE JOINDER OF THIRD PARTY DEFENDANTS IN INSTANCES OF COMPARATIVE FAULT; TO ADD SECTION 40-47-290 SO AS TO REQUIRE THE STATE BOARD OF MEDICAL EXAMINERS TO ESTABLISH LICENSURE FEES SUFFICIENT TO PERFORM ITS DUTIES AND ENHANCE ITS CAPABILITIES UNDER ITS PRACTICE ACT; TO ADD SECTION 38-79-40 SO AS TO REQUIRE A MEDICAL MALPRACTICE INSURANCE CARRIER TO OFFER INSUREDS THE OPTION OF DEDUCTIBLES AND POLICY LIMITS; TO ADD SECTION 38-79-50, SO AS TO PROHIBIT A MEMBER OF THE BOARD OF DIRECTORS OF THE JOINT UNDERWRITING ASSOCIATION OR THE BOARD OF GOVERNORS OF THE PATIENT'S COMPENSATION FUND FROM BEING EMPLOYED OR COMPENSATED BY THE ASSOCIATION OR FUND WHILE SERVING ON THE BOARD AND FOR ONE YEAR THEREAFTER; TO AMEND SECTION 15-36-10, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REQUIRE THE ATTORNEY OR PRO SE LITIGANT IN A CIVIL ACTION TO SIGN ALL PLEADINGS AND OTHER DOCUMENTS, WHICH THEREBY CONSTITUTES CERTIFICATION THAT THE ACTION IS NOT FRIVOLOUS, AND TO PROVIDE SANCTIONS FOR VIOLATIONS; TO AMEND SECTIONS 38-79-460 AND 38-79-470, BOTH RELATING TO THE MANAGEMENT OF THE PATIENT'S COMPENSATION FUND, SO AS TO TRANSFER THE MANAGEMENT OF THE FUND FROM THE STATE TREASURER TO THE BOARD OF GOVERNORS OF THE FUND; AND TO REPEAL SECTIONS 15-36-20 THROUGH 15-36-50 RELATING TO THE SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT.
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Read the first time and referred to the Committee on Judiciary.
S. 949 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS, AMONG OTHER THINGS, TO FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS, AMONG OTHER THINGS, TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 950 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 56-3-9600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO MORE HOMELESS PETS SPECIAL LICENSE PLATES, SO AS TO SUBSTITUTE THE TERM SOUTH CAROLINA DEPARTMENT OF AGRICULTURE FOR THE TERM STATE VETERINARIAN IN REGARD TO THE ENTITY WHICH DESIGNATES THE USE OF THE FUNDS DERIVED FROM THE SALE OF THESE PLATES.
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Read the first time and referred to the Committee on Transportation.
S. 951 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
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Senator HUTTO asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 952 (Word version) -- Senator Hutto: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR ORANGEBURG 5 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
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Senator HUTTO asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 953 (Word version) -- Senators Setzler, Knotts, Cromer and Courson: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
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Senator SETZLER asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 954 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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Senator SHORT asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 955 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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Senator SHORT asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 956 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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Senator SHORT asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 957 (Word version) -- Senator Short: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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Senator SHORT asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.
Senator RYBERG objected.
Read the first time and referred to the Committee on Education.
S. 958 (Word version) -- Senators Fair, Branton, Cromer, Mescher, Giese, Waldrep and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-65 SO AS TO PROVIDE THAT A PERSON WHO TAKES PART IN THE PROCUREMENT, INITIATION, CONTINUATION, OR DEFENSE OF ANY SECOND OR SUBSEQUENT POST-CONVICTION RELIEF PROCEEDING MAY BE ASSESSED FOR PAYMENT OF ALL OR A PORTION OF THE ATTORNEY'S FEES AND COURT COSTS OF THE OTHER PARTY UNDER CERTAIN CIRCUMSTANCES, TO DEFINE THE TERM "PERSON", AND TO PROVIDE PENALTIES FOR FILING A NON-MERITORIOUS SECOND OR SUBSEQUENT POST-CONVICTION RELIEF APPLICATION; BY ADDING SECTION 17-27-68 SO AS TO PROVIDE THAT A PRISONER IS RESPONSIBLE FOR PAYING CERTAIN FEES ASSOCIATED WITH FILING A SECOND OR SUBSEQUENT ACTION FOR POST-CONVICTION RELIEF FROM MONIES MAINTAINED IN HIS PRISONER TRUST ACCOUNT; TO AMEND SECTION 17-27-50, RELATING TO THE FORM AND CONTENTS OF AN APPLICATION FOR POST-CONVICTION RELIEF, SO AS TO PROVIDE THAT THE APPLICATION MUST DETERMINE WHETHER THE APPLICANT PREVIOUSLY HAS FILED AN APPLICATION FOR POST-CONVICTION RELIEF OR A PETITION FOR HABEAS CORPUS RELATING TO HIS PRESENT INCARCERATION, REQUIRE THE APPLICANT TO ATTACH A COPY OF HIS INMATE TRUST ACCOUNT BALANCE SHEET UNDER CERTAIN CIRCUMSTANCES, AND MUST CONTAIN A PROVISION THAT STATES THAT A NONMERITORIOUS FUTURE APPLICATION FOR POST-CONVICTION RELIEF MAY RESULT IN THE INMATE'S LOSS OF WORK CREDITS, EDUCATION CREDITS, GOOD TIME CREDITS, AND INMATE TRUST FUNDS; AND TO AMEND SECTION 17-27-20, RELATING TO POST-CONVICTION RELIEF FILINGS, SO AS TO PROVIDE THAT A FEE IS NOT REQUIRED FOR AN INITIAL FILING FOR POST-CONVICTION RELIEF.
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Read the first time and referred to the Committee on Judiciary.
S. 959 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO REQUEST THAT DECEMBER FIFTEENTH BE NAMED "BILL OF RIGHTS DAY" IN HONOR OF THE BILL OF RIGHTS OF THE UNITED STATES CONSTITUTION.
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The Senate Resolution was introduced and referred to the General Committee.
S. 960 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE REVEREND DR. ALPHONSO R. BLAKE, PASTOR EMERITUS OF THE MORRIS STREET BAPTIST CHURCH, FOR HIS MANY CONTRIBUTIONS TO HIS COMMUNITY, THIS STATE, AND THE NATION ON THE OCCASION OF HIS RETIREMENT AS MODERATOR OF THE CHARLESTON COUNTY MISSIONARY BAPTIST ASSOCIATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 961 (Word version) -- Senators Richardson, Land, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO COMMEND AMBASSADOR JOHN CARL WEST FOR HIS DISTINGUISHED CAREER AS A UNITED STATES AMBASSADOR, GOVERNOR, LIEUTENANT GOVERNOR, STATE SENATOR, AND STATESMAN, AND OFFER OUR HEARTFELT PRAYERS TO HIM, FORMER FIRST LADY LOIS WEST, AND THEIR FAMILY.
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Senator RICHARDSON spoke on the Resolution.
The Senate Resolution was adopted.
S. 962 (Word version) -- Senators Rankin and Glover: A CONCURRENT RESOLUTION RECOGNIZING THE MANY CONTRIBUTIONS OF THE LATE EUGENE F. (GENE) JOHNSON OF MARION COUNTY AND HONORING HIS MEMORY BY NAMING THE LITTLE PEE DEE RIVER BRIDGE, ADJOINING HORRY COUNTY AND MARION COUNTY, ON HIGHWAY 917 JUST OUTSIDE OF MULLINS, SOUTH CAROLINA, THE "EUGENE F. (GENE) JOHNSON MEMORIAL BRIDGE".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4630 (Word version) -- Reps. Viers, Barfield, Altman, Anthony, Bingham, G. Brown, Davenport, Delleney, Duncan, Frye, Harrison, Haskins, Herbkersman, Hosey, Leach, Limehouse, Littlejohn, Lloyd, Lucas, McCraw, Owens, Phillips, Pinson, M. A. Pitts, Rhoad, Simrill, D. C. Smith, G. R. Smith, Stille, Taylor, Whitmire and Young: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW FOR THE DISPLAY OF THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, GOVERNMENT OFFICES, PUBLIC BUILDINGS, AND OTHER PUBLIC PLACES.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 4705 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 53 AND 57 ON INTERSTATE HIGHWAY 95 IN COLLETON COUNTY THAT CONTAIN THE WORDS "TUSKEGEE AIRMEN MONUMENT" INDICATING THE DIRECTION TO THE TUSKEGEE AIRMEN MONUMENT AND TO ERECT ADDITIONAL SIGNS TO DIRECT MOTORISTS TO THE MONUMENT FROM BOTH EXITS.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4707 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 26, 27, AND 28, 2004, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4713 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A BILL TO AMEND ACT 797 OF 1988, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO ADD A VOTING MEMBER TO THE CAREER CENTER BOARD OF TRUSTEES.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4718 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE 2003 GAFFNEY HIGH SCHOOL FOOTBALL TEAM AND HEAD COACH PHIL STRICKLAND FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAAA STATE FOOTBALL CHAMPIONSHIP COMPETITION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4726 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE 2003 DUTCH FORK HIGH SCHOOL VARSITY CHEERLEADING SQUAD AND HEAD COACH SHERRI KIRKLAND ON THEIR ACHIEVEMENTS OF EXCELLENCE IN CHEERLEADING AND ON BEING NAMED CLASS AAAA STATE CHAMPIONS AND TO COMMEND THEM ON THEIR HARD WORK AND DEDICATION TO BECOME A CHAMPIONSHIP SQUAD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4727 (Word version) -- Reps. Vaughn, Rice, Hamilton, Leach, F. N. Smith, G. R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. RANDOLPH P. KOWALSKI, SENIOR MINISTER OF GREENVILLE'S FIRST PRESBYTERIAN CHURCH, UPON HIS RETIREMENT AFTER FORTY-FOUR YEARS OF SERVICE IN THE MINISTRY, AND TO EXTEND BEST WISHES TO HIM IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4728 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION TO WELCOME HIS EXCELLENCY SIMBI VEKE MUBAKO, THE AMBASSADOR OF THE REPUBLIC OF ZIMBABWE, TO THE UNITED STATES ON THE OCCASION OF HIS VISIT TO THE PALMETTO STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4744 (Word version) -- Reps. Koon, Altman, Bailey, Leach, Whipper, Scarborough, Young, R. Brown, Frye, Breeland, Rhoad, Hagood, Hinson, Mack, Chellis, Dantzler, Rutherford, Miller, Kirsh, Battle, Clark, Coates, Duncan, Hamilton, Hayes, J. Hines, M. Hines, Hosey, Howard, Keegan, Lee, Lloyd, Mahaffey, Martin, McGee, Moody-Lawrence, Ott, Owens, M. A. Pitts, Rice, Richardson, Scott, D. C. Smith, G. R. Smith, J. R. Smith, Snow, Stille, Taylor, Whitmire, Wilkins and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA PORTS AUTHORITY FOR ITS OUTSTANDING CONTRIBUTIONS TO THE STATE'S ECONOMY, FOR THE SIGNIFICANT ROLE IT HAS PLAYED IN ADVANCING SOUTH CAROLINA'S POSITION IN THE GLOBAL ECONOMY, FOR ITS SERVICE TO THE STATE'S INDUSTRIES, AND TO ACKNOWLEDGE FEBRUARY 17, 2004, AS "STATE PORTS AUTHORITY APPRECIATION DAY".
Senator KUHN spoke on the Resolution.
The question then was the adoption of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The Concurrent Resolution was adopted, ordered returned to the House.
Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 31 (Word version) -- Senators Knotts and Setzler: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER, BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL STREET GANG PREVENTION ACT", AND TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 8, TITLE 16 AS ARTICLE 1.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 439 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM" AND PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 769 (Word version) -- Senators Cromer and Reese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTIONS FROM PROPERTY TAXES INCLUDING THE EXEMPTION OF A DWELLING HOUSE OF A VETERAN WHO IS DISABLED FROM A SERVICE-CONNECTED DISABILITY, SO AS TO DEFINE THE TERM "PERMANENTLY AND TOTALLY DISABLED" AND TO ALLOW THE SURVIVING SPOUSE OF A DISABLED VETERAN TO RECEIVE THE EXEMPTION FOR ANY SUBSEQUENT DWELLING.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
S. 776 (Word version) -- Senators Moore, Martin and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO INITIATE ACTION AFFECTING UNITED STATES' TRADE POLICY TOWARD CHINA SO AS TO PROTECT AND PRESERVE THE TEXTILE INDUSTRY OF SOUTH CAROLINA AND THE UNITED STATES.
Ordered for consideration tomorrow.
Senator RICHARDSON from the Committee on Judiciary submitted a favorable report on:
S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 904 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.
Ordered for consideration tomorrow.
Senator KNOTTS from the Committee on Judiciary submitted a favorable report on:
H. 3681 (Word version) -- Reps. E.H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.
Ordered for consideration tomorrow.
Columbia, S.C., February 11, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT THE "COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 11, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E.H. Pitts, Mack, M.A. Pitts, Richardson, J.H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J.R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 10, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Cato, Sandifer, and Jennings to the Committee of Free Conference on the part of the House on:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 10, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 11, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
S. 862 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 10, 2004, AND FRIDAY, JUNE 11, 2004.
Returned with concurrence.
Received as information.
S. 865 (Word version) -- Senators Thomas, Fair and Anderson: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 18, 2004, AS "SOUTH CAROLINA HOMETOWN DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING MUNICIPAL OFFICIALS IN OUR STATE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 4544 (Word version) -- Rep. Harvin: A BILL TO ENACT THE "CLARENDON COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN CLARENDON COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF CLARENDON COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED BY ORDINANCE OF THE GOVERNING BODY OF CLARENDON COUNTY AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM IN THE COUNTY ON THE QUESTION OF IMPOSITION OF THIS TAX, AND TO PROVIDE THAT A TAX IMPOSED PURSUANT TO THIS ACT MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE CLARENDON COUNTY TREASURER FOR THE CLARENDON COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL DETERMINE THE METHOD OF DISTRIBUTION OF THE REVENUES OF THIS TAX TO THE THREE SCHOOL DISTRICTS IN CLARENDON COUNTY, TO PROVIDE THAT THE TAX AUTHORIZED BY THIS ACT MUST BE IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator LAND proposed the following amendment (GGS\ 22449HTC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Clarendon County School Districts Property Tax Relief Act".
SECTION 2. For purposes of this act, 'governing body' means the Clarendon County Council.
SECTION 3. Subject to the requirements of this act, there may be imposed a one percent sales and use tax within Clarendon County. The proceeds of the tax must be distributed to the three school districts in Clarendon County as provided in this act. The boards of trustees of each of the school districts, before the expenditure of the proceeds of the tax authorized by this act, by resolution, must determine the specific purposes for which the proceeds of the tax as distributed must be expended. However, in any case and as finally determined by the governing body the proceeds only must be applied to (a) reduce ad valorem property taxes imposed to pay debt service on general obligation bonds or (b) otherwise defray the cost of capital improvements within each school district.
SECTION 4. (A) The tax authorized by this act may be imposed by ordinance of the governing body. The tax may not be imposed for more than twenty years.
(B) The governing body may, but is not required to conduct a referendum open to all qualified electors residing in Clarendon County on the question of the imposition of the tax. Any referendum must be conducted by the Clarendon County Election Commission. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. Expenses of the referendum must be paid by the three Clarendon County school districts, proportionally according to number of persons residing in each school district who are registered to vote in Clarendon County.
The question to be voted upon in the referendum must be prepared by the governing body and the ballot may contain a short explanation of the question to be voted upon in this referendum also prepared by the governing body.
The Clarendon County Election Commission, by resolution, shall certify the results of any referendum to the governing body. The results of the referendum are purely advisory and the results certified do not affect the authority of the governing body to impose the tax authorized by this act.
SECTION 5. (A) The tax must be imposed beginning upon the first day of the third full month following the filing of the imposition ordinance with the South Carolina Department of Revenue.
(B) The tax terminates upon the earlier of:
(1) the final day of the maximum time specified in the ordinance for the imposition; or
(2) sixty days following the filing with the Department of Revenue of a certified copy of an ordinance of the governing body terminating the tax.
SECTION 6. (A) The tax levied pursuant to this act must be administered and collected by the South Carolina Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this act is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in Clarendon County which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code are exempt from the tax imposed by this act. The gross proceeds of the sale of food that may lawfully be purchased with United States Department of Agriculture food coupons are exempt from the tax imposed by this act. The tax imposed by this act also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976 Code.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36, Title 12 of the 1976 Code shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this act in Clarendon County, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(G) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this act, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
SECTION 7. (A) The revenues of the sales and use tax collected under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the South Carolina Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues monthly to the Clarendon County Treasurer for the benefit of the Clarendon County school districts in the amounts established in accordance with subsection (B) of this section. The State Treasurer may correct misallocation costs or refunds by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocation.
(B) The State Treasurer shall distribute proceeds of the tax, less amounts attributable to refunds and administration as provided in subsection (A) of this section, to the Clarendon County Treasurer and thereafter by the Clarendon County Treasurer to the school districts of Clarendon County for the purposes provided in this act. The method of distribution to the individual school districts must be specified in the imposition ordinance and may include, but is not limited to, proportions determined by:
(1) one hundred thirty-five average daily membership;
(2) weighted pupil units;
(3) assessed value of property;
(4) a combination of two or more of the methods provided in items (1) through (3); and
(5) any other method determined appropriate by the governing body, not including any method determined by point of collection.
(C) Except as provided in Section 8 of this act, withdrawals by the school districts of tax proceeds from the Clarendon County Treasurer must be made in the same manner as are funds appropriated to the school districts by the State. Pending these withdrawals, taxes must be deposited in accounts for each school district, separate and distinct from accounts established for any other purpose, and investment earnings derived from monies in such an account must be credited to the account. Each school district shall maintain records that demonstrate that tax proceeds are spent only for the purposes as approved by the governing body and in accordance with this act.
SECTION 8. If the governing body elects that all or a portion of the share of the proceeds of the sales and use tax imposed and collected may be applied to the reduction of property taxes imposed in a given fiscal year to pay debt service on general obligation bonds of a school district, the governing body shall notify the Clarendon County Treasurer in writing no later than July first of that fiscal year of its election and shall specify in the writing the amount of sales and use taxes to be applied to its general obligation bond debt service. The amount specified must not exceed the amount of sales and use tax proceeds held by the Clarendon County Treasurer for the school district as of July first of the fiscal year. The election is effective only for and applies only to debt service payments to be made in the eighteen-month period following that July first. Elections may be renewed from year to year.
Upon notification by the governing body of its election under this section, the Clarendon County Treasurer shall certify to the Clarendon County Auditor by August first of that fiscal year the amount of sales and use taxes then held by the Clarendon County Treasurer for the benefit of the school district and designated by the governing body for application to general obligation bond debt service payments. The Clarendon County Auditor shall reduce the levy of property taxes for the fiscal year required to pay debt service on general obligation bonds of the school district by the amount of sales and use tax revenues certified as held by the Clarendon County Treasurer and designated by the governing body for that purpose. This amount of sales and use taxes thereafter must not be released to the school district but must be held by the Clarendon County Treasurer to pay debt service on general obligation bonds. However, any sales and use taxes held by the Clarendon County Treasurer in excess of the amounts designated by the governing body for payment of debt service on general obligation bonds in the eighteen months following the July first of the fiscal year must be expended as directed by the governing body in accordance with this act. Any investment earnings derived from the sales and use tax must be expended as directed by the governing body in accordance with this act. With respect to a school district situated in more than one county, the requirements of this Section 8 apply with respect to the auditor and treasurer of both counties.
SECTION 9. The South Carolina Department of Revenue, the State Department of Education, and the Clarendon County Auditor shall furnish data to the State Treasurer, the county treasurer, and to the governing body for the purpose of calculating distributions and estimating revenues. The information that must be supplied to the governing body upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code.
SECTION 10. 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 amended and ordered returned to the House.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 390 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.
S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (JUD0658.005), which was adopted:
Amend the bill, as and if amended, page 2, beginning at line 9, in Section 14-25-15(A), as contained in SECTION 2, by striking lines 9 through 14 in their entirety and inserting therein the following:
/ "(A) Each municipal judge shall must be appointed by the council to serve for a term set by the council of not less than two years and not to exceed four years and until his successor is appointed and qualified. His compensation shall must be fixed by the council." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
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.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the Third Reading Calendar:
S. 785 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 1 SO AS TO PROVIDE FOR THE STATE BUDGET AND CONTROL BOARD CEILING ON THE ISSUANCE OF QUALIFIED PUBLIC EDUCATIONAL FACILITIES BONDS IN COMPLIANCE WITH THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration
S. 786 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS AND AUTHORIZATIONS, SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF BONDS ISSUED TO REFUND EXISTING BONDS AND THE COST OF ISSUANCE OF THESE REFUNDING BONDS IS NOT INCLUDED IN THE AGGREGATE PRINCIPAL AMOUNT OF STATE CAPITAL IMPROVEMENT BONDS AND TO DELETE THE REQUIREMENT THAT THE BOND PREMIUM BE APPLIED TO THE FIRST INSTALLMENT OF PRINCIPAL OF THE BONDS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration
S. 787 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150, 41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
The following Bills, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 856 (Word version) -- Senator Hawkins: A BILL TO PROVIDE THAT A CERTAIN PORTION OF THE ROADSIDE OF INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
H. 3516 (Word version) -- Reps. Vaughn, Whipper, Hamilton, Bailey, Chellis, Frye, Gilham, Haskins, Howard, Koon, Littlejohn, Mahaffey, Sinclair, Snow, Stille, Taylor, Cotty and Edge: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO ADD TO THE LIST OF CASES OVER WHICH MAGISTRATES HAVE CONCURRENT CIVIL JURISDICTION ACTIONS FOR DAMAGES ARISING FROM A PERSON'S FAILURE TO RETURN LEASED OR RENTED PERSONAL PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE EXPIRATION OF THE LEASE OR RENTAL AGREEMENT, TO PROVIDE SUCH DAMAGES TO BE BASED ON THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY, WHICHEVER IS LESS, AND TO REQUIRE THAT THE LEASE OR RENTAL AGREEMENT SHALL SPECIFY THE MANNER IN WHICH THE CALCULATION OF THE LOSS OF REVENUE OR REPLACEMENT VALUE OF THE PROPERTY SHALL BE CALCULATED.
H. 4700 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
By prior motion of Senator MATTHEWS, with unanimous consent
S. 764 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RICHARDSON proposed the following amendment (764R001.SHR):
Amend the bill, as and if amended, page 1, by adding after line 28 appropriately numbered SECTIONS to read:
/ SECTION _____. Article 5, Chapter 5 of Title 56 is amended by adding:
"Section 56-5-830. (A) This section shall be known and may be cited as the South Carolina Red Light Running Act of 2004.
(B) It is hereby found and declared as follows:
(1) the frequency of red light running within the State of South Carolina continues to increase as the number of vehicles on our roads increases;
(2) an automated red light camera program will assist state and local governments by reducing the necessity for conducting extensive conventional traffic enforcement at heavily traveled high-risk intersections; and
(3) based on results of similar programs, the adoption of an automated red light camera program will result in a significant reduction in the number of red light violations and accidents within the State of South Carolina.
(C) For purposes of this section, the following definitions shall apply:
(1) 'Agency' shall mean both the state or law enforcement agency primarily responsible for a traffic control signal operated and maintained at an intersection under its control; and the political subdivision, or law enforcement agency of the political subdivision, that is authorized to issue citations for a violation of the South Carolina law or of local traffic laws or regulations.
(2) 'Owner' shall mean the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more. 'Owner' does not include a motor vehicle rental or leasing company.
(3) 'Recorded images' shall mean images recorded by a traffic control signal monitoring system shown on one or more of the following:
(a) two or more photographs;
(b) two or more microphotographs;
(c) two or more electronic images;
(d) digital video; or
(e) any other medium.
Recorded images must show the traffic control signal on at least one image or digital video frame, clearly identify the registration plate number of the motor vehicle, and provide full evidentiary documentation, including a sequence of the front of the offending vehicle approaching the intersection.
(4) 'Traffic control signal monitoring system' shall mean a device with one or more above ground motor vehicle sensors working in conjunction with a traffic signal to produce recorded images of motor vehicles entering the intersection against a red signal indication. The traffic control signal monitoring system must incorporate both a method of detecting motor vehicles entering an intersection against a red signal indication and a method of monitoring and reporting any change in the duration of the yellow phase at an enforced intersection.
(5) 'Summary court' shall mean either municipal court or magistrate's court.
(D) This article applies to a violation at an intersection monitored by a traffic control signal monitoring system.
(E) Local governments may adopt ordinances for the civil enforcement of Section 56-5-710 by means of a traffic control signal monitoring systems, as described in subsection (C)(4) of this section. Notwithstanding other provisions of law, all ordinances adopted by a local governing body pursuant to this section shall comport with the provisions set forth herein.
(F) A violation detected solely by a traffic control signal monitoring system is deemed a noncriminal violation for which a civil penalty shall be assessed. No court costs, assessments, or surcharges may be assessed against the owner or driver of the vehicle, and no points authorized by Section 56-1-720 may be assigned to the owner or driver of the vehicle. A civil penalty under this chapter may not exceed one hundred dollars.
(G) Subject to the provisions of this section:
(1) An agency shall mail, by certified mail, to the owner liable under this section a citation, which shall include all of the following:
(a) the name and address of the registered owner of the vehicle;
(b) the registration number of the motor vehicle involved in the violation;
(c) the violation charged;
(d) the location of the intersection;
(e) the date and time of the violation;
(f) a copy of the recorded images;
(g) the amount of the civil penalty imposed, and the date by which the civil penalty should be paid;
(h) a signed statement by a technician employed by the agency that states in pertinent part that based upon the technician's inspection of recorded images, the motor vehicle was being operated in violation of state or local traffic laws;
(i) a statement that recorded images are evidence of a violation of this section; and
(j) information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested, and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability, and may result in the refusal to register or reregister the motor vehicle, or the suspension of the motor vehicle registration.
(2) A citation issued under this section shall be mailed by certified mail no later than two weeks after the alleged violation.
(3) An agency may not mail a citation to a person who is not an owner under subsection 56-5-830(C)(2).
(4) A person who receives a citation under paragraph (1) of this subsection may pay the civil penalty, in accordance with the instructions on the citation, directly to the political subdivision or to the court, or elect to stand trial for the alleged violation. Jurisdiction over citations issued pursuant to this section shall be exclusively with the summary courts.
(H) Adjudication of liability shall be based on a preponderance of evidence. A certificate, sworn to or affirmed by a duly authorized agent of the agency that states that based upon an inspection of recorded images produced by a traffic control monitoring system a violation of the traffic laws occurred, shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section.
(I)(1) The summary court may consider any of the following in defense of a violation:
(a) the driver of the vehicle passed through the intersection in violation of this chapter in order to yield the right-of-way to an emergency vehicle, or as part of a funeral procession;
(b) the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;
(c) this subsection is unenforceable against the owner because at the time and place of the alleged violation the traffic control signal was not in proper position and able to be seen by an ordinary observant individual;
(d) subject to subsection (3), evidence that the person named in the citation was not operating the vehicle at the time of the violation; or
(e) Any other issues and evidence that the summary court deems relevant.
(2) In order to demonstrate that the motor vehicle or registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report concerning the stolen motor vehicle or registration plates was filed in a timely manner prior to the alleged violation.
(3) To satisfy the evidentiary burden under subsection (I)(1)(d), the person named in the citation must provide to the summary court a letter sworn to or affirmed by the person and sent by certified mail, return receipt requested, that states that the person named in the citation was not operating the vehicle at the time of the violation. The affidavit also must provide the name, address, and driver's license identification number of the person who was operating the vehicle at the time of the violation.
(4) If the summary court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence identifying the person driving the vehicle at the time of the violation, the clerk shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation. Upon receipt of substantiating evidence from the summary court, an agency may issue a citation as provided in subsection (G)(1) to the person that the evidence indicates was operating the vehicle at the time of the violation.
The citation shall be mailed no later than two weeks after receipt of the evidence from the municipal court.
(J) If the civil penalty is not paid and the violation is not contested, the agency shall electronically send to the Department of Motor Vehicles the information contained in subsection (G)(1) of this section, along with a statement that the owner of the motor vehicle involved in the violation has not paid the penalty, or that the owner failed to contest the citation, or both. Upon receipt of such information, the Department of Motor Vehicles shall suspend the vehicle's current registration and shall not register or reregister the motor vehicle until it receives withdrawal of the suspension electronically from the agency that the owner has paid the penalty, or has otherwise resolved the payment of the citation with the agency. A reinstatement fee of fifty dollars must be paid to the Department of Motor Vehicles for each suspension. The reinstatement fee collected must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the costs of this program.
(K) A violation of this section is not a moving violation and may not be recorded by the administration on the driving record of the owner or driver of the vehicle. The violation shall be treated as a parking violation for purposes of this section and may not be considered in the provision of motor vehicle insurance coverage."
SECTION _____. Section 14-25-45 of the 1976 Code is amended to read:
"Section 14-25-45. Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to limits imposed on municipal courts. The court shall have no jurisdiction in civil matters; provided however, the court has jurisdiction over noncriminal violations cited pursuant to Section 56-5-830."
SECTION _____. Section 56-5-710 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:
"( ) adopting ordinances to use traffic control photographic systems for the civil enforcement of traffic laws pursuant to Section 56-5-830."/
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Senator LEVENTIS objected to further consideration of the Bill.
S. 256 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION ERECT DIRECTIONAL AND HISTORICAL SIGNS AT LOCATIONS WHICH ARE VISIBLE TO THE MOTORING PUBLIC READING "HISTORICAL TUSKEGEE AIRMEN MEMORIAL" AND THAT THESE SIGNS MUST BE PLACED AT APPROPRIATE LOCATIONS ON INTERSTATE 95 NEAR EXITS 53 AND 57, WITH DIRECTIONAL SIGNS AT THE OFF-RAMP TERMINATIONS, IN COLLETON COUNTY.
The Concurrent Resolution was adopted, ordered sent to the House.
On motion of Senator PINCKNEY, with unanimous consent, the names of Senators PINCKNEY and MATTHEWS were added as co-sponsors of S. 256.
S. 942 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF HIGHWAY 76/301 NORTH COMMENCING AT THE INTERSECTION OF HIGHWAY 327 AND ENDING AT THE OLD MARION HIGHWAY IN HONOR OF MR. CHRISTOPHER JAMES YAHNIS AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THE WORDS "CHRISTOPHER JAMES YAHNIS HIGHWAY".
The Concurrent Resolution was adopted, ordered sent to the House.
On motion of Senators LEVENTIS and KNOTTS, the names of Senators LEVENTIS and KNOTTS were added as co-sponsors of S. 942.
The following Bills were carried over:
H. 3080 (Word version) -- Reps. Easterday and Hinson: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER, TO REQUIRE THAT THE AUTHORIZATION BE OBTAINED PURSUANT TO APPROPRIATE STATE AND FEDERAL REGULATIONS, TO PROVIDE THAT THE AUTHORIZATION FOLLOWS THE CUSTOMER, AND TO ESTABLISH PENALTIES.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
On motion of Senator RICHARDSON, the Bill was carried over.
S. 920 (Word version) -- Senators Moore and Setzler: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Senator RYBERG, the Bill was carried over.
On motion of Senator SETZLER, with unanimous consent, the name of Senator SETZLER was added as a co-sponsor of S. 920.
S. 921 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Senator RYBERG, the Bill was carried over.
S. 922 (Word version) -- Senator Moore: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
On motion of Senator RYBERG, the Bill was carried over.
S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RICHARDSON proposed the following amendment (277R001.SHR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 4-10-330(A)(1) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:
(a) highways, roads, streets, and bridges, and public parking garages and related facilities;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) beach access and beach renourishment;
(g) jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) (f) of this subsection;
(g)(h) any combination of the projects described in subitems (a) through (f) (g) of this item;" /
Renumber sections to conform. Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
On motion of Senator SETZLER, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator LEVENTIS spoke on the Joint Resolution.
Senator MARTIN moved to carry over the Resolution.
Senator PATTERSON objected.
With Senator LEVENTIS retaining the floor, Senator MARTIN asked unanimous consent to make a motion to carry over the Resolution.
Senator PATTERSON objected.
Senator LEVENTIS spoke on the Joint Resolution.
At 4:12 P.M., on motion of Senator MARTIN, with unanimous consent, the Senate receded from business not to exceed one minute, with Senator LEVENTIS retaining the floor.
At 5:04 P.M., the Senate resumed.
Senator LEVENTIS spoke on the Joint Resolution.
With Senator LEVENTIS retaining the floor, on motion of Senator MARTIN, with unanimous consent, debate was interrupted by adjournment.
Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2002, and to expire October 21, 2006
Allendale County
Daniel L. Cannady, P. O. Box 301, Allendale, S.C. 29810 VICE H. Carl Gooding
Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2002, and to expire at the next General Election and until a successor shall qualify.
Barnwell County
Abe H. Moskow, M.D., Barnwell Pediatrics, PA, P. O. Box 1302, Barnwell, S.C. 29812 VICE Jacqueline P. Ramsey
On motion of Senator O'DELL, with unanimous consent, the Senate stood adjourned in memory of Ms. Sara Branyon Rogers of Pelzer, S.C.
At 5:06 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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