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, hear words recorded by St. Matthew (10:19):
"Do not worry about how or what you shall speak. For it will be given you in that hour what you shall speak, for it is not you who speaks, but the Spirit of Your Father who speaks in you."
Let us pray.
Our Father, we are humbled when we pray and ask Your guidance. You speak to us the truth.
Give us STEADFASTNESS as we remember the promises we made to our people in offering to be their servants - their VOICES - and their conscience in these halls.
Grant to us Father, the higher wisdom to serve not only our constituents... but also our God!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark Sanford:
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006
At-Large:
Jeffery A. Constant, 131 Creek Road East, Greenwood, S.C. 29646
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006
Lyman Wayne Davis, 608 North Weston Street, Fountain Inn, S.C. 29644 VICE J. W. Henderson
Initial Appointment, Union County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
William E. Goodwin, 914 Bob Little Road, Jonesville, S.C. 29353 VICE Charles Wilson Blackwell (deceased)
Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence August 30, 2001, and to expire August 30, 2005
At-Large:
David Campbell, 1411 Gervais Street, 5th Floor, Columbia, S.C. 29201 VICE Waring Simons Howe
Referred to the Committee on Banking and Insurance
Initial Appointment, South Carolina Aeronautics Commission, with term to commence February 15, 2004, and to expire February 15, 2009
At-Large - Chairman:
H. Neel Hipp, Jr., P. O. Box 546, Greenville, S.C. 29602
Referred to the Committee on Transportation
Reappointment, South Carolina State Ethics Commission, with term to commence May 31, 2005, and to expire May 31, 2009
2nd Congressional District:
Edward E. Duryea, John Demosthenes Co., LLC, P. O. Box 5292, Parris Island, S.C. 29905
Referred to the Committee on Judiciary
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009
2nd Congressional District:
Hank Scott, Collum's Lumber Products, 106 Barnwell Rd., Allendale, S.C. 29810 VICE Carl Brazell
Referred to the Committee on Medical Affairs
Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence March 15, 2005, and to expire March 15, 2010
3rd Congressional District:
Tina Royster, P. O. Box 1947, Bob-o-Link Dr., Seneca, S.C. 29135 VICE Timothy Evatt
Referred to the Committee on Medical Affairs
Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2005, and to expire July 27, 2008
4th Congressional District:
Phyllis Henderson, 110 Silver Creek Court, Greer, S.C. 29650 VICE Elizabeth Carroll Belenchia
Referred to the Committee on Labor, Commerce and Industry
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005
2nd Congressional District:
Joe F. Fragale, 2 Crowell Court, Bluffton, S.C. 29910 VICE Clifford Bush
Referred to the Committee on Judiciary
The following appointments were transmitted by the Honorable Mark Sanford:
Reappointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2002, and to expire June 30, 2005
2nd Congressional District:
Joe F. Fragale, 2 Crowell Court, Bluffton, S.C. 29910 VICE Clifford Bush
Referred to the Committee on Judiciary
Senator LOURIE introduced Dr. William H. Richardson of Columbia, S.C., Doctor of the Day.
On motion of Senator BRYANT, at 12: 05 P.M., Senator CROMER was granted a leave of absence until 1:00 P.M.
On motion of Senator PEELER, at 12:05 P.M., Senator HAYES was granted a leave of absence for the balance of the week.
On motion of Senator MALLOY, at 12:05 P.M., Senator SHORT was granted a leave of absence for the balance of the week.
Senator LEVENTIS rose for an Expression of Personal Interest.
S. 626 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.
On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 626.
The following were introduced:
S. 670 (Word version) -- Senators Elliott, Peeler, Leventis, Ford, Anderson, Malloy, O'Dell, Mescher, J. Verne Smith and Martin: A SENATE RESOLUTION TO EXPRESS THE SENTIMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE EVER INCREASING PRICES OF GASOLINE AND OIL PRODUCTS SHOULD BE ENDED AND SPECIFIC STEPS TAKEN TO ACCOMPLISH THIS PURPOSE.
l:\council\bills\pt\2485sj05.doc
Senator ELLIOTT spoke on the Senate Resolution.
Senator ELLIOTT asked unanimous consent to make a motion that the Resolution be taken up for immediate consideration and adopted.
Senator RYBERG objected.
The Senate Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.
Senator ELLIOTT rose for an Expression of Personal Interest.
S. 671 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3575 SO AS TO ALLOW A TAX CREDIT OF FIFTY PERCENT OF THE TOTAL AMOUNT OF PREMIUMS PAID BY A TAXPAYER PURSUANT TO AN INDIVIDUAL POLICY FOR HEALTH INSURANCE COVERAGE, UP TO THREE THOUSAND DOLLARS FOR EACH TAXABLE YEAR FOR EACH COVERED INDIVIDUAL, AND TO PROHIBIT A DOUBLE BENEFIT.
l:\council\bills\ggs\22958htc05.doc
Read the first time and referred to the Committee on Finance.
S. 672 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER GAME FISH, TO PROVIDE FOR THE MANNER IN WHICH TAKE, POSSESSION, AND SIZE LIMITS APPLY TO CERTAIN SALTWATER GAME FISH AND NONGAME FISH, TO REVISE TAKE AND POSSESSION LIMITS FOR TARPON AND TAKE PERIODS FOR SPOTTED SEA TROUT AND RED DRUM, TO DELETE CERTAIN SEA BASS REQUIREMENTS, AND TO PROVIDE FOR PROCEDURAL AND IMPLEMENTATION PROVISIONS IN REGARD TO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
l:\council\bills\gjk\20358sd05.doc
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 673 (Word version) -- Senator Gregory: A BILL TO REPEAL SECTION 47-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY; SECTION 47-3-320 RELATING TO TRAINING OF CONSERVATION OFFICERS TO REMOVE DOGS; SECTION 47-3-510 RELATING TO THE AUTHORITY OF AN OWNER OF A HUNTING DOG TO REGISTER THE DOG WITH THE DEPARTMENT OF NATURAL RESOURCES; SECTION 50-1-20 RELATING TO DEFINITION OF HUNTERS AND HUNTING; SECTION 50-3-360 RELATING TO EMPLOYMENT OF DEPUTY OFFICERS IN GAME ZONE 2; SECTION 50-3-396 RELATING TO THE USE OF AN OFFICIAL SUMMONS FOR LITTERING VIOLATIONS; SECTION 50-11-30 RELATING TO EXTENSION OF HUNTING SEASONS OPENING OR CLOSING ON SUNDAY; SECTION 50-11-1070 RELATING TO AUTHORITY TO KILL BOBCATS WITHOUT A LICENSE; SECTION 50-13-60 RELATING TO THE DEPARTMENT'S AUTHORITY TO DECLARE A CLOSED SEASON ON FISH IN STREAMS ON RECOMMENDATION OF COUNTY LEGISLATIVE DELEGATIONS; SECTION 50-13-70 RELATING TO NOTICE OF A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-80 RELATING TO CONDUCT WHICH IS PRIMA FACIE EVIDENCE OF VIOLATING A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-120 RELATING TO NO SIZE LIMIT ON FRESH-WATER GAME FISH OR COLD-WATER TROUT; SECTION 50-13-350 RELATING TO UNLAWFUL FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-980 RELATING TO PRESUMPTIONS FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; SECTION 50-13-1760 RELATING TO SALE OF WHITE PERCH AND INVOICES REQUIRED FOR IMPORTED FISH; AND SECTION 50-21-60 RELATING TO CERTAIN PERSONNEL, EXPENSES, AND SALARIES OF THE DEPARTMENT OF NATURAL RESOURCES REQUIRED TO BE APPROVED BY THE BUDGET AND CONTROL BOARD;
l:\council\bills\gjk\20051sd05.doc
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 674 (Word version) -- Senators Lourie, Drummond, Sheheen, Leatherman, Elliott, Malloy, Rankin, Ford, Knotts, Anderson, Matthews, Cleary, Mescher, Hutto, Land, Cromer, McGill, Hayes and Thomas: A JOINT RESOLUTION TO CREATE A NURSE STAFFING TASK FORCE TO STUDY THE NURSING SHORTAGE IN THIS STATE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO REQUIRE THE TASK FORCE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2006, AND TO ABOLISH THE TASK FORCE UPON SUBMISSION OF ITS REPORT.
l:\council\bills\nbd\11553ac05.doc
Read the first time and referred to the Committee on Medical Affairs.
S. 675 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO LICENSING OF GROUP CHILD CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11616ac05.doc
Read the first time and ordered placed on the Calendar without reference.
S. 676 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS OPERATED BY CHURCHES OR RELIGIOUS ENTITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2924, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11614ac05.doc
Read the first time and ordered placed on the Calendar without reference.
S. 677 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD CARE CENTERS LICENSING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2901, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\nbd\11615ac05.doc
Read the first time and ordered placed on the Calendar without reference.
S. 678 (Word version) -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MARINE CORPS LEAGUE COMMANDANT ED HAMMONS FOR HIS HONORABLE AND OUTSTANDING CAREER IN THE UNITED STATES MARINE CORPS AND THE MARINE CORPS LEAGUE, COMMEND HIM FOR THE MANY DECORATIONS HE HAS EARNED OVER THE PAST FORTY-TWO YEARS, THANK HIM FOR HIS LOYAL AND DEDICATED SERVICE TO OUR COUNTRY, AND EXTEND BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.
l:\council\bills\swb\6433cm05.doc
The Senate Resolution was adopted.
Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:
Alexander Patterson McGill Reese Knotts O'Dell Elliott Ford Grooms Verdin Campsen
Tuesday, April 5, 2005 - 12:30-2:00 PM
Members of the Senate and Staff, Lunch, State House Grounds, by STATE FARM INSURANCE COMPANIES
Tuesday, April 5, 2005 - 6:00-8:00 PM
Members of the Senate, Reception-Low Country Stew, Clarion Town House, by SC HOSPITAL ASSOCIATION
Wednesday, April 6, 2005 - 8:00-10:00 AM
Members of the Senate and Staff, Breakfast, 221 Blatt, by SC AMBULATORY SURGERY CENTERS
Senator ELLIOTT desired to be recorded as not voting on the aforementioned invitation.
Wednesday, April 6, 2005 - 11:00 AM-2:00 PM
Members of the Senate and Staff, Barbeque Lunch, State House Grounds, by SC ALLIANCE OF HEALTH PLANS
Senator ELLIOTT desired to be recorded as not voting on the aforementioned invitation.
Wednesday, April 6, 2005 - 6:00-8:00 PM
Members of the Senate and Staff, Reception, Columbia Museum of Art, by SC STATE PORTS AUTHORITY BOARD, DISTRICT EXPORT COUNCIL AND SC STATE PORTS AUTHORITY
Thursday, April 7, 2005 - 8:00-10:30 AM
Members of the Senate and Staff, Breakfast, 221 Blatt, by SC COALITION FOR PROMOTING PHYSICAL ACTIVITY
Senator ELLIOTT desired to be recorded as not voting on the aforementioned invitation.
Tuesday, April 12, 2005 - 6:30-10:00 PM
Members of the Senate, Barbeque, State Fairgrounds-Cantey Building, by THE CITADEL ALUMNI ASSOCIATION
Wednesday, April 13, 2005 - 8:30-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by YMCA'S OF SC
Senator ELLIOTT desired to be recorded as not voting on the aforementioned invitation.
Wednesday, April 13, 2005 - 12:30 PM
Members of the Senate and Staff, Lunch, Williams-Brice Stadium, by UNIVERSITY OF SOUTH CAROLINA
Wednesday, April 13, 2005 - 6:00-8:00 PM
Members of the Senate, Reception, Seawell's, by SCAMPS - SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS
Senator ELLIOTT desired to be recorded as not voting on the aforementioned invitation.
Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 515 (Word version) -- Senator Land: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 533 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-230 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR APPROPRIATE INSTRUCTION IN THE PREVENTION OF, AND THE SERIOUSNESS OF THE PENALTIES FOR, LYNCHING, AND PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE THIS INSTRUCTION DURING THE FIRST WEEK OF SCHOOL.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 544 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INOCULATING PETS AGAINST RABIES, SO AS TO PROVIDE THAT THESE INOCULATIONS MUST BE ADMINISTERED BY A LICENSED VETERINARIAN OR SOMEONE UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 3020 (Word version) -- Reps. Govan, Clyburn, Clark, E.H. Pitts, Toole, Haley, Ballentine, McLeod, Mack, Breeland, M. Hines, Anderson, Hosey, Parks, Pinson, Jefferson, Walker, Sinclair, Hamilton, G.R. Smith, Mahaffey, McGee, D.C. Smith, Anthony, Phillips, Rhoad, Funderburk and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable report on:
H. 3321 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN JANUARY 2005, BY THE STUDENTS OF A SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT OR ANY OTHER SCHOOL OR INSTITUTION OF HIGHER LEARNING IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE TRAIN WRECK AND CHEMICAL LEAK IN GRANITEVILLE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 210 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION OF THE COUNTY TREASURER AND IS NOT SUBJECT TO APPEAL.
S. 337 (Word version) -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senate Finance Committee proposed the following amendment (GGS\22041HTC05), which was adopted:
Amend the bill, as and if amended, in Section 12-37-135 as contained in SECTION 1, page 1, by striking on line 28 / is not / and inserting / must not be /.
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 399 (Word version) -- Senators Alexander, Hayes and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-135 SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS-LICENSE TAX A COUNTY MAY REQUIRE A BUSINESS REGISTRATION THROUGHOUT THE COUNTY FOR AN ADMINISTRATIVE FEE NOT TO EXCEED FIFTEEN DOLLARS, BY ADDING SECTION 12-37-712 SO AS TO PROVIDE FOR THE ALLOCATION OF THE VALUE OF BOATS FOR PROPERTY TAX PURPOSES HAVING A SITUS IN THIS STATE AND AT LEAST ONE OTHER STATE, BY ADDING SECTION 12-45-430 SO AS TO PROVIDE THAT THE COUNTY TREASURER MAY NOT ISSUE A TAX RECEIPT UNLESS THE TAXES, PENALTIES, COSTS, AND ALL OTHER CHARGES INCLUDED IN THE BILL HAVE BEEN PAID IN FULL, TO AMEND SECTIONS 12-37-2650 AND 12-37-2730, RELATING TO PROPERTY TAX ON MOTOR VEHICLES, SO AS TO PROVIDE THAT THE TREASURER SHALL ISSUE A TAX RECEIPT ONLY IF ALL OTHER CHARGES ON THE TAX BILL HAVE BEEN PAID AND TO DELETE OBSOLETE LANGUAGE AND TO AUTHORIZE A CODE ENFORCEMENT OFFICER TO ISSUE AN ORDINANCE SUMMONS TO A PERSON THE OFFICER BELIEVES HAS FAILED TO REMIT MOTOR VEHICLE PROPERTY TAXES, TO PROVIDE FOR A FINE FOR VIOLATORS, AND PROVIDE FOR DISMISSAL OF THE SUMMONS UPON SHOWING BY THE TAXPAYER BEFORE THE COURT DATE OF PROPER REGISTRATION AND PAYMENT OF CURRENT AND DELINQUENT TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A TAXPAYER'S RENTAL OF HIS RESIDENCE FOR FEWER THAN FIFTEEN DAYS IN A TAXABLE YEAR DOES NOT DISQUALIFY THE RESIDENCE FROM RECEIVING THE FOUR-PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO AMEND SECTIONS 12-49-950 AND 12-51-55, AS AMENDED, SO AS TO PROVIDE FOR THE MINIMUM BID OF THE FORFEITED LAND COMMISSION WHEN THERE ARE NO BIDS AT A DELINQUENT TAX SALE, TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE ISSUING OF A TAX TITLE AT THE END OF THE REDEMPTION PERIOD, SO AS TO MAKE THE PURCHASER RESPONSIBLE FOR THE ACTUAL COSTS OF PREPARING THE TAX TITLE, TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS OF TAXES, SO AS TO PROVIDE THAT NO INTEREST IS DUE ON AN OVERPAYMENT OF PROPERTY TAXES IF THE OVERPAYMENT IS REFUNDED WITHIN SEVENTY-FIVE DAYS AFTER THE COUNTY RECEIVES NOTICE FROM THE DEPARTMENT OF REVENUE THAT THE TAXPAYER IS DUE A CREDIT OR REFUND, AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION ON DISCLOSING TAX RETURNS AND THE EXCEPTIONS, SO AS TO ALLOW DISCLOSURE OF ADDITIONAL INFORMATION FROM A RETURN.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senate Finance Committee proposed the following amendment (GGS\22040HTC05), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Amend further, as and if amended, on page 3, by striking SECTIONS 4 and 5 and inserting:
/ SECTION 4. Section 12-37-2650 of the 1976 Code is amended to read:
"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer who must collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is and all other charges included on the tax bill have been paid, the treasurer shall issue the taxpayer two copies of the a paid receipt. One The receipt or a copy may be delivered by the taxpayer to the Department of Motor Vehicles with the application for the motor vehicle registration. A copy record of the payment of the tax must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No registration may be issued by the Department of Motor Vehicles unless the application is accompanied by the receipt, a copy of the notification required by Section 12-37-2610 or notice from the county treasurer, by other means satisfactory to the Department of Motor Vehicles, of payment of the tax. Motor vehicles registered under the International Registration Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made.
The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the Department of Motor Vehicles. Each institution shall certify to the Department of Motor Vehicles that the taxes have been paid, and the Department of Motor Vehicles is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section.
Tax bills (notices) for county assessed personal property valued in accordance with applicable Department of Revenue regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."
SECTION 5. Section 12-37-2730 of the 1976 Code is amended to read:
"Section 12-37-2730. (A) It is unlawful for any a person to use the treasurer's receipt to obtain a motor vehicle license plates plate unless all municipal personal property taxes due in the county of his residence on any vehicles a vehicle now or previously owned by the applicant have been paid. Any A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars. Each day's violation constitutes a separate offense.
The above penalty is in addition to any other penalties prescribed by law for failure to pay municipal taxes.
The verbatim text of the first paragraph of this section must be printed or stamped upon the treasurer's receipt. When a municipality contracts for the collection of its vehicle tax, a receipt for the payment of the taxes must not be issued unless both the county and municipal tax and all other charges included on the tax bill have been paid. The owner of any a motor vehicle registered under the International Reciprocity Plan who opts to pay semiannually and fails to pay semiannual payments as provided in this chapter is not permitted to relicense the vehicle until all taxes are paid and shall forfeit any further privilege to pay semiannually.
(B) To enforce the collection of personal property taxes and vehicle registration laws of this State, a code enforcement officer may issue an ordinance summons to a person the officer believes has failed to remit property taxes to the appropriate taxing entity or a person he believes has failed to comply fully with the vehicle registration laws of this State. However, a code enforcement officer may not stop a vehicle that is in motion or issue an ordinance summons to a person who has stopped a moving vehicle to issue an ordinance summons pursuant to this section. A fine imposed pursuant to this section may not exceed the criminal jurisdiction of the magistrate's court. A magistrate shall dismiss an ordinance summons issued pursuant to this subsection upon a showing by the person summoned of proper registration and the payment of current and delinquent property taxes before the court hearing date set in the summons." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 458 (Word version) -- Senators Thomas and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-69-245 SO AS TO PROVIDE FOR MINIMUM NONFORFEITURE AMOUNTS FOR INDIVIDUAL DEFERRED ANNUITIES; TO AMEND SECTION 38-69-240, RELATING TO THE CALCULATION OF MINIMUM NONFORFEITURE AMOUNTS OF CONTRACTS ISSUED AFTER JUNE 30, 2007, SO AS TO CHANGE THE TIME OF APPLICABILITY ON THESE CONTRACTS; AND TO AMEND SECTION 2 OF ACT 313 OF 2002, RELATING TO TEMPORARY PROVISIONS RELATING TO MINIMUM VALUES OF ANY PAID-UP ANNUITY, CASH SURRENDER, OR DEATH BENEFITS AVAILABLE UNDER CERTAIN ANNUITIES, SO AS TO CHANGE THE DATE OF APPLICABILITY FROM 2005 TO 2007 TO THESE CONTRACTS AND PROVIDE THAT CONTRACTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS ACT AND BEFORE JULY 1, 2007, MAY APPLY, AT THE INSURER'S OPTION, THE MINIMUM VALUES AS PROVIDED IN THIS ACT ON CERTAIN ANNUITIES ON A CONTRACT-FORM-BY-CONTRACT-FORM BASIS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators THOMAS and RICHARDSON proposed the following amendment (JUD0458.003), which was adopted:
Amend the bill, as and if amended, page 5, after line 35, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. Section 30 of Act 154 of 1997 is amended to read:
"SECTION 30. Article 5 of Chapter 77, Title 38 of the 1976 Code is repealed effective January 1, 2006 2010." /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 608 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT THE GENOCIDE IN DARFUR, SUDAN, SHOULD BE ENDED AND TO EXPRESS SUPPORT FOR SPECIFIC STEPS TO ACCOMPLISH THIS PURPOSE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3683 (Word version) -- Reps. Walker, Sinclair, Littlejohn, Mahaffey, Lee, Davenport and W.D. Smith: A BILL TO AMEND ACT 612 OF 1984, RELATING TO THE SPARTANBURG COUNTY SCHOOL BOARD ELECTIONS, INCLUDING REQUIRING THAT A PETITION BE FILED IN ORDER TO PLACE A CANDIDATE ON THE BALLOT, SO AS TO PROVIDE THAT AN INCUMBENT BOARD MEMBER WHO HAS PREVIOUSLY MET THIS PETITION REQUIREMENT AND WHO HAS BEEN IN CONTINUOUS SERVICE IS ONLY REQUIRED TO SUBMIT HIS OR HER NAME AND A ONE HUNDRED DOLLAR FILING FEE AND TO DELETE THE PROVISION THAT IF NO PETITION IS FILED THE BOARD OF EDUCATION MUST APPOINT A SUCCESSOR.
Senator HAWKINS asked unanimous consent to commit the Bill to the Spartanburg Delegation.
There was no objection and the Bill was committed to the Spartanburg Delegation.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 80 (Word version) -- Senators McConnell, Moore, Campsen, Ryberg, Verdin, Alexander, Gregory, Grooms and Richardson: A BILL TO PROVIDE FOR THE RESTRUCTURING OF CERTAIN ADMINISTRATIVE DEPARTMENTS AND CABINET AGENCIES. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN spoke on the Bill.
Senator MARTIN moved under Rule 26B to take up a further amendment on third reading.
Senator LEVENTIS made a Parliamentary Inquiry as to whether the provisions under Rule 26B required a vote of 3/5 of those present and voting or 3/5 of the membership in order to adopt the motion.
The PRESIDENT stated that the necessary vote would be 3/5 of those present and voting.
By a division vote of 27-1, the necessary vote under the provisions of Rule 26B were met.
Amendment No. 2 was taken up for immediate consideration.
Senators McCONNELL and MARTIN proposed the following Amendment No. 2 (JUD0080.015), which was adopted:
Amend the bill, as and if amended, page 83, by striking lines 3 through 17, in Section 11-35-1580, and inserting therein the following:
/ (C) Notwithstanding the provisions of subsection (B), an exempted state agency as defined in Section 1-11-1315(3) may conduct and administer procurements for information technology as a Purchasing Agency without the oversight of the Information Technology Management Office. In making information technology procurements, an exempted state agency must follow the requirements of the South Carolina Consolidated Procurement Code and related regulations." /
Amend the bill further, as and if amended, page 86, by striking lines 16 through 40, in Section 1-11-1315, and inserting therein the following:
/ (3) 'Exempted state agency' means the Department of Transportation, the Medical University of South Carolina, Clemson University, the University of South Carolina and its regional campuses, the state's four-year public colleges and universities, the state's technical schools and colleges, and the South Carolina Education Lottery Commission. An identifiable division of a state agency that has a fiduciary responsibility to use its assets in a manner consistent with constitutionally protected trust funds shall also receive the status of an 'exempted state agency' under this article.
(4) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch. Governmental body does not mean the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; the Office of Legislative Printing, Information and Technology Systems; the South Carolina Public Service Authority; the South Carolina State Ports Authority; the Department of Transportation; the Medical University of South Carolina; Clemson University; the University of South Carolina and its regional campuses; the state's four-year public colleges and universities; the state's technical schools and colleges; the South Carolina Education Lottery Commission; an identifiable division of a state agency that has a fiduciary responsibility to use its assets in a manner consistent with constitutionally protected trust funds; and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
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.
On motion of Senator RYBERG, with unanimous consent, the name of Senator RYBERG was removed as a co-sponsor of S. 80.
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator ELLIOTT proposed the following Amendment No. 1 (MS\ 7376AHB05):
Amend the bill, as and if amended, by striking in its entirety Section 14-7-1630(A)(8), as contained in SECTION 2, beginning on page 5, line 30, and inserting:
/ (8) a crime involving the wilful adding of a foreign harmful chemical to potable water supplies, sewer systems, ponds, streams, rivers, or wetlands that does documented harm to the ambient air, soil, or land, or both soil and land. A crime pursuant to the provisions of this item includes a wilful violation of the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, or the Solid Waste Policy and Management Act or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime by violating one of these statutes if the anticipated damages, the cost of remediation, exceed one million dollars. /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment, with Senator ELLIOTT retaining the floor.
Having received a favorable report from the Greenwood County Delegation, the following appointment was confirmed in open session:
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006
At-Large:
Jeffery A. Constant, 131 Creek Road East, Greenwood, S.C. 29646
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2004, and to expire March 15, 2006
Lyman Wayne Davis, 608 North Weston Street, Fountain Inn, S.C. 29644 VICE J. W. Henderson
Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Union County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
William E. Goodwin, 914 Bob Little Road, Jonesville, S.C. 29353 VICE Charles Wilson Blackwell (deceased)
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Representative Dwight A. Holder of Pickens, S.C., a former member of the S. C. House of Representatives and a distinguished S. C. businessman, who passed away Sunday morning, March 27, 2005.
At 1:14 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
This web page was last updated on Wednesday, June 24, 2009 at 1:18 P.M.