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.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Jethro advised his son-in-law, Moses, with these words:
" 'Listen to me and I will give you some advice, and may God be with you. You must be the people's representative before God...' "
(Exodus 18:19)
Please join me as we bow in prayer:
O Glorious and Loving God, the work that is carried out in the meeting rooms, in the hallways, and in this Chamber of the State House seems almost unending. The needs of our State are so great. And each of these Senators serving You in this place consequently finds himself bombarded by calls for attention by many, many interest groups. Above all else, Lord, we ask You to lead each Senator always to represent the people of our State first and foremost. Let the women, the men, and the children of South Carolina be ever uppermost in the minds of these elected servants -- to the glory of our Lord, in whose name we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator SHANE MARTIN, with unanimous consent, Senators O'DELL, PEELER, REESE, FAIR, ELLIOTT and SHANE MARTIN were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.
At 2:04 P.M., Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bright Bryant Campbell Cleary Coleman Courson Elliott Fair Grooms Hayes Hutto Leventis Malloy Martin, Larry Martin, Shane Massey McGill Nicholson O'Dell Peeler Rose Scott Setzler Sheheen Shoopman Verdin
A quorum being present, the Senate resumed.
Senators PINCKNEY, LEATHERMAN, ANDERSON, CROMER, GREGORY, RYBERG, THOMAS and WILLIAMS recorded their presence subsequent to the Call of the Senate.
The following was received:
Document No. 4262
Agency: Athletic Commission
Chapter: 20
Statutory Authority: 1976 Code Sections 40-1-70 and 40-81-70
SUBJECT: Fees
Received by Lieutenant Governor February 6, 2012
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration: Permanently Withdrawn
Permanently Withdrawn April 10, 2012
The following were received:
Document No. 4186
Agency: Department of Labor, Licensing and Regulation - Soil Classifiers Advisory Council
Chapter: 108
Statutory Authority: 1976 Code Section 40-65-60
SUBJECT: Soil Classifiers
Received by Lieutenant Governor January 10, 2012
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2012
Withdrawn and Resubmitted April 11, 2012
Document No. 4217
Agency: Athletic Commission
Chapter: 20
Statutory Authority: 1976 Code Sections 40-1-70 and 40-81-70
SUBJECT: Mixed Martial Arts
Received by Lieutenant Governor January 10, 2012
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 9, 2012
Withdrawn and Resubmitted April 11, 2012
Document No. 4224
Agency: Board of Architectural Examiners
Chapter: 11
Statutory Authority: 1976 Code Sections 40-1-70 and 40-3-60
SUBJECT: Requirements of Licensure in the Field of Architecture
Received by Lieutenant Governor February 6, 2012
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 5, 2012
Withdrawn and Resubmitted April 11, 2012
Senators FORD and CAMPSEN introduced Dr. William D. Anderson of Columbia, S.C., Doctor of the Day.
On motion of Senator CAMPBELL, at 2:05 P.M., Senator CAMPSEN was granted a leave of absence for today.
At 2:15 P.M., Senator KNOTTS requested a leave of absence from 2:00 - 2:10 P.M.
At 3:55 P.M., Senator REESE requested a leave of absence until 4:20 P.M.
At 4:30 P.M., Senator LEATHERMAN requested a leave of absence for the balance of the day.
At 5:30 P.M., Senator LOURIE requested a leave of absence for the balance of the day.
The following co-sponsors were added to the respective Bills:
S. 1044 (Word version) Sen. Ford
S. 1108 (Word version) Sen. Ford
S. 1210 (Word version) Sen. Ford
S. 1227 (Word version) Sen. Ford
S. 1221 (Word version) Sen. Ford
S. 1229 (Word version) Sen. Ford
S. 1319 (Word version) Sens. Hayes, Ford
S. 1375 (Word version) Sen. Hutto
S. 1376 (Word version) Sens. Setzler, McGill, Verdin, Shoopman, Nicholson,
Cromer, Coleman
S. 1392 (Word version) Sen. Ford
S. 1410 (Word version) Sens. Fair, Shoopman, Campbell
S. 1416 (Word version) Sens. Shoopman, Cleary
S. 1419 (Word version) Sen. Ford
The following co-sponsor was removed from the respective Bill:
S. 1319 (Word version) Sen. Setzler
The following were introduced:
S. 1424 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 58, SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 58-12-550, SO AS TO AUTHORIZE COUNTY GOVERNMENT TO DETERMINE THE DEMAND MARKET AREA AND FOR NOTICE OF ITS DETERMINATION TO THE NIELSON COMPANY, THE FEDERAL COMMUNICATIONS COMMISSION, AND ITS LEGISLATIVE DELEGATION; TO AMEND CHAPTER 12, TITLE 58 BY ADDING SECTION 58-12-560, SO AS TO GIVE A CAUSE OF ACTION FOR ANY PERSON
WHO SUFFERS FROM PERSONAL INJURY, WRONGFUL DEATH, OR LOSS OF PROPERTY DUE TO THE LACK OF NOTICE OF A LOCAL WARNING OR ALERT THROUGH TELEVISION AS A RESULT OF THE DEMAND MARKET AREA AS DETERMINED BY AN ENTITY OTHER THAN THE COUNTY GOVERNMENT; TO AMEND SECTION 4-9-30, SO AS TO ADD DETERMINATION OF A DEMAND MARKET AREA TO THE LIST OF ENUMERATED POWERS FOR COUNTY GOVERNMENT; AND TO AMEND SECTION 4-9-1030, SO AS TO ADD DETERMINATION OF A DEMAND MARKET AREA TO THE LIST OF DUTIES OF A COUNTY BOARD OF COMMISSIONERS.
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Read the first time and referred to the Committee on Judiciary.
S. 1425 (Word version) -- Senator Massey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 36(B)(2) OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO APPROPRIATIONS FROM THE CAPITAL RESERVE FUND, TO PROHIBIT FUNDS FROM BEING EXPENDED FOR OTHER NONRECURRING PURPOSES.
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Read the first time and referred to the Committee on Judiciary.
S. 1426 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 58, SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 58-12-550, SO AS TO AUTHORIZE COUNTY GOVERNMENT TO DETERMINE THE DEMAND MARKET AREA AND FOR NOTICE OF ITS DETERMINATION TO THE NIELSON COMPANY, THE FEDERAL COMMUNICATIONS COMMISSION, AND ITS LEGISLATIVE DELEGATION; TO AMEND SECTION 4-9-30, SO AS TO ADD DETERMINATION OF A DEMAND MARKET AREA TO THE LIST OF ENUMERATED POWERS FOR COUNTY GOVERNMENT; AND TO AMEND SECTION 4-9-1030, SO AS TO ADD DETERMINATION OF A DEMAND MARKET AREA TO THE LIST OF DUTIES OF A COUNTY BOARD OF COMMISSIONERS.
l:\s-jud\bills\cleary\jud0179.hla.docx
Read the first time and referred to the Committee on Judiciary.
S. 1427 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 58, SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 58-12-550, SO AS TO AUTHORIZE COUNTY GOVERNMENT TO DETERMINE THE DEMAND MARKET AREA AND FOR NOTICE OF ITS DETERMINATION TO THE NIELSON COMPANY, THE FEDERAL COMMUNICATIONS COMMISSION, AND ITS LEGISLATIVE DELEGATION; TO AMEND CHAPTER 12, TITLE 58 BY ADDING SECTION 58-12-570, SO AS TO PROVIDE A CAUSE OF ACTION FOR ANY BUSINESS WHO SUFFERS ECONOMIC DAMAGE AS A RESULT OF THE DETERMINATION OF THE DEMAND MARKET AREA, OTHER THAN THE COUNTY GOVERNMENT IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 4-9-30, SO AS TO ADD DETERMINATION OF A DEMAND MARKET AREA TO THE LIST OF ENUMERATED POWERS FOR COUNTY GOVERNMENT; AND TO AMEND SECTION 4-9-1030, SO AS TO ADD DETERMINATION OF A DEMAND MARKET AREA TO THE LIST OF DUTIES OF A COUNTY BOARD OF COMMISSIONERS.
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Read the first time and referred to the Committee on Judiciary.
S. 1428 (Word version) -- Senators Lourie, Hutto, Sheheen and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "TRANSPARENCY IN ETHICS ACT", BY AMENDING SECTION 8-13-540, RELATING TO INVESTIGATIONS AND HEARINGS CONDUCTED BY THE RESPECTIVE ETHICS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, TO PROVIDE THAT RECORDS RELATING TO INVESTIGATIONS ARE NOT CONFIDENTIAL AFTER PROBABLE CAUSE OF AN ETHICS VIOLATION HAS BEEN FOUND, AND TO PROVIDE THAT HEARINGS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT.
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Read the first time and referred to the Committee on Judiciary.
S. 1429 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 44-36-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE GOVERNOR OF MEMBERS TO THE ALZHEIMER'S DISEASE AND RELATED
DISORDERS RESOURCE COORDINATION CENTER ADVISORY COUNCIL, SO AS TO PROVIDE THAT THE LIEUTENANT GOVERNOR SHALL APPOINT MEMBERS TO THE COUNCIL.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1430 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MRS. DELORIA ARMSTRONG UPON THE OCCASION OF HER RETIREMENT AFTER THIRTY-SIX YEARS OF DEVOTED SERVICE AS A TEACHER IN THE HORRY COUNTY SCHOOL DISTRICT, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1431 (Word version) -- Senators Leatherman, Campbell, Grooms, Alexander, L. Martin, Coleman, Ford, Cleary, Hutto, McGill, Nicholson, Anderson, Williams, Pinckney, Hayes, O'Dell, Land, Malloy, Jackson, Matthews, Elliott, Setzler, Fair, Reese, Lourie and Sheheen: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
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Read the first time and referred to the Committee on Finance.
S. 1432 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS ALONG THE EAST AND WEST BOUND LANES OF INTERSTATE HIGHWAY 20 AT MILE MARKER 49 THAT CONTAIN THE WORDS "SCHP PATROLMAN BEN W. STRICKLAND MEMORIAL HIGHWAY".
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The Concurrent Resolution was adopted, ordered sent to the House.
Senator COURSON from the Committee on Education submitted a majority favorable and Senator ANDERSON a minority unfavorable report on:
S. 149 (Word version) -- Senators Campsen, Rose, McConnell, Ryberg, Fair, Massey, Leventis, Bryant, Davis and Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-63-100 SO AS TO PERMIT HOME SCHOOL STUDENTS, GOVERNOR'S SCHOOL STUDENTS, AND CHARTER SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator LARRY MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senators CLEARY and CAMPBELL a minority unfavorable report on:
S. 772 (Word version) -- Senators Peeler, Reese and Bright: A BILL TO AMEND SECTION 15-78-30 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, TO PROVIDE A DEFINITION FOR ECONOMIC AND NONECONOMIC DAMAGES; AND TO AMEND SECTION 15-78-120, RELATING TO LIABILITY LIMITS IMPOSED BY THE TORT CLAIMS ACT, TO PROVIDE THAT A PERSON MAY RECOVER THE ACTUAL AMOUNT OF HIS ECONOMIC DAMAGES, TO PROVIDE THAT LIMITS ON NONECONOMIC DAMAGES ARE FIFTY THOUSAND DOLLARS PER PERSON AND NO MORE THAN SIX HUNDRED THOUSAND DOLLARS PER OCCURRENCE, AND THAT THE LIMITS ON NONECONOMIC DAMAGES CAUSED BY A LICENSED PHYSICIAN OR DENTIST ARE THREE HUNDRED FIFTY THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1124 (Word version) -- Senators Rankin and Knotts: A BILL TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF INSURANCE SHALL BE THE "COMMISSIONER OF INSURANCE" ELECTED TO OFFICE UNDER THE LAWS OF THIS STATE; TO AMEND SECTION 38-1-20, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS OF THIS STATE, TO DELETE THE DEFINITION OF "DIRECTOR" OF THE DEPARTMENT OF INSURANCE AND SUBSTITUTE "COMMISSIONER OF INSURANCE"; TO AMEND SECTION 38-1-30, TO PROVIDE THAT EVERY REFERENCE TO "DIRECTOR OF THE DEPARTMENT OF INSURANCE" IN THE 1976 CODE SHALL BE DEEMED TO MEAN "COMMISSIONER OF INSURANCE" ; TO AMEND SECTION 38-3-10, RELATING TO THE DEPARTMENT OF INSURANCE, TO DELETE CERTAIN PROVISIONS RELATING TO THE DEPARTMENT'S DIRECTOR, TO PROVIDE THAT THE COMMISSIONER OF INSURANCE SHALL BE ELECTED RATHER THAN APPOINTED, AND TO MAKE CHANGES IN THE PROVISIONS CONCERNING THE REMOVAL OF THE COMMISSIONER; TO AMEND SECTION 38-3-100, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, TO, AMONG OTHER CHANGES, SUBSTITUTE "COMMISSIONER OF INSURANCE" FOR "DIRECTOR OF THE DEPARTMENT OF INSURANCE" AND DELETE THE REQUIREMENT THAT, IF THE COMMISSIONER BECOMES A CANDIDATE FOR PUBLIC OFFICE OR BECOMES A MEMBER OF A POLITICAL COMMITTEE DURING TENURE, HIS OFFICE MUST BE IMMEDIATELY VACATED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-102 TO PROVIDE THAT THE COMMISSIONER OF INSURANCE MUST BE ELECTED TO OFFICE BY THE QUALIFIED ELECTORS OF THE STATE IN THE GENERAL ELECTION AND PROVIDE FOR THE COMMISSIONER'S TERM OF OFFICE, QUALIFICATIONS, VACANCIES, AND RELATED MATTERS; TO PROVIDE THAT THE ELECTION OF THE COMMISSIONER OF INSURANCE BEGINS WITH THE 2014 STATEWIDE ELECTION PROCESS AND THAT THE DIRECTOR SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE UNTIL HIS
SUCCESSOR IS ELECTED AND QUALIFIES FOR OFFICE AS COMMISSIONER OF INSURANCE; TO PROVIDE THAT EVERY REFERENCE TO "DIRECTOR OF THE DEPARTMENT OF INSURANCE" IN THE 1976 CODE SHALL BE DEEMED TO MEAN "COMMISSIONER OF INSURANCE"; AND TO AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 1134 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, SO AS TO REVISE THE PURPOSE FOR WHICH CAPITAL IMPROVEMENT BOND AUTHORIZATIONS MAY BE USED AT WILLIAMSBURG TECHNICAL COLLEGE.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 1176 (Word version) -- Senators Courson and Land: A BILL TO AMEND SECTION 12-4-520, RELATING TO COUNTY TAX OFFICIALS, TO REDUCE THE OBLIGATION THAT THE DEPARTMENT OF REVENUE SHALL ANNUALLY EXAMINE RECORDS OF ASSESSORS, AUDITORS, TREASURERS, AND TAX COLLECTORS TO A PERMISSIVE AUTHORITY TO ANNUALLY EXAMINE THESE RECORDS; TO AMEND SECTION 12-4-530, RELATING TO INVESTIGATION AND PROSECUTION OF VIOLATIONS, TO REDUCE THE OBLIGATION THAT THE DEPARTMENT SHALL INITIATE COMPLAINTS, INVESTIGATIONS, AND PROSECUTIONS OF VIOLATIONS TO A PERMISSIVE AUTHORITY; TO AMEND SECTION 12-37-30, RELATING TO THE ASSESSMENT OF MULTIPLE TAXES TO BE LEVIED ON THE SAME ASSESSMENT, TO CHANGE THE DESIGNATION OF STATE TAXES TO COUNTY TAXES; TO AMEND SECTION 21-37-266, RELATING TO THE HOMESTEAD EXEMPTION FOR DWELLINGS HELD IN TRUST, TO REQUIRE A COPY OF THE TRUST AGREEMENT BE PROVIDED; TO AMEND SECTION 12-37-290, RELATING TO THE GENERAL HOMESTEAD EXEMPTION, TO CHANGE THE HOMESTEAD
EXEMPTION FROM PROPERTY TAXES FROM THE FIRST TEN THOUSAND DOLLARS TO THE FIRST FIFTY THOUSAND DOLLARS OF THE VALUE OF THE PRIMARY RESIDENCE OF A HOMEOWNER WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER TO CONFORM WITH OTHER SECTIONS OF THE CODE, AND TO TRANSFER FROM THE COMPTROLLER GENERAL TO THE DEPARTMENT OF REVENUE THE AUTHORITY TO PROMULGATE RULES AND FORMS, AND THE OBLIGATION TO REIMBURSE THE STATE AGENCY OF VOCATIONAL REHABILITATION FOR EXPENSES INCURRED IN EVALUATING DISABILITY UNDER THE REQUIREMENTS OF THIS SECTION; TO AMEND SECTION 12-37-450, RELATING TO THE BUSINESS INVENTORY TAX EXEMPTION, TO REMOVE THE REQUIREMENT THAT THE AMOUNT OF REIMBURSEMENT ATTRIBUTED TO DEBT SERVICE BE REDISTRIBUTED TO OTHER SEPARATE MILLAGES ONCE THE DEBT IS PAID, TO REQUIRE THE REIMBURSEMENT BE REDISTRIBUTED PROPORTIONATELY TO THE SEPARATE MILLAGES LEVIED BY THE POLITICAL SUBDIVISIONS, TO STRIKE THE REQUIREMENT THAT THE REDISTRIBUTION BE ATTRIBUTED TO THE MILLAGE RATES IN THE YEAR 1987, AND TO REQUIRE THE ATTRIBUTION OF THE CURRENT TAX YEAR MILLAGE RATES; TO AMEND SECTION 12-37-710, RELATING TO THE RETURN AND ASSESSMENT OF PERSONAL PROPERTY, TO STRIKE "OF FULL AGE AND OF SOUND MIND" AS A QUALIFIER FOR EVERY PERSON WHO MUST LIST PERSONAL PROPERTY FOR TAXATION; TO AMEND SECTION 12-37-715, RELATING TO THE FREQUENCY OF AD VALOREM TAXATION ON PERSONAL PROPERTY, TO ALLOW NEWLY ACQUIRED VEHICLES TO BE TAXED MORE THAN ONCE IN A TAX YEAR; TO AMEND SECTION 12-37-760, RELATING TO STATEMENTS OF PERSONAL PROPERTY FOR TAXATION WHERE A PERSON REFUSES OR NEGLECTS TO DELIVER A STATEMENT OF PERSONAL PROPERTY, TO ELIMINATE THE OBLIGATION AND TO ALLOW THE PERMISSIVE AUTHORITY FOR THE COUNTY AUDITOR TO ASCERTAIN AND RETURN A LIST OF THAT PERSON'S PERSONAL PROPERTY AND TO ALLOW THAT HE MAY DENOTE REASONS FOR THE REFUSAL; TO REPEAL SECTION 12-37-850, RELATING TO THE REMOVAL OF THE JURISDICTION OF THE COURTS TO HEAR MATTERS
ORIGINATED FROM THE TAXPAYER CONCERNING ALLEGATIONS OF FALSE RETURNS, TAX EVASION, OR FRAUD; TO AMEND SECTION 12-37-890, RELATING TO PERSONAL PROPERTY RETURNS FOR TAXATION PURPOSES, TO STRIKE LANGUAGE LISTING ANIMALS AND VEHICLES AND REPLACE WITH DESIGNATION OF PROPERTY USED IN ANY BUSINESS TO BE RETURNED TO THE COUNTY IN WHICH IT IS SITUATED FOR TAXATION PURPOSES, AND TO REMOVE THE REQUIREMENT THAT ALL BANKERS' CAPITAL OR PERSONAL ASSETS RELATED TO THE BANKING BUSINESS BE RETURNED TO THE COUNTY WHERE THE BANKING HOUSE IS LOCATED FOR TAXATION PURPOSES; TO AMEND SECTION 12-37-900, RELATING TO PERSONAL PROPERTY TAX RETURNS, TO STRIKE THE DESIGNATED DATES OF THE REQUIRED ANNUAL RETURNS OF PERSONAL AND REAL PROPERTY TO THE COUNTY AUDITOR AND TO STRIKE THE AUTHORITY OF THE COUNTY LEGISLATIVE DELEGATION TO WAIVE THE PENALTIES OF FAILURE TO MAKE THIS STATEMENT; TO AMEND SECTION 12-37-940, RELATING TO VALUATION OF ARTICLES OF PERSONAL PROPERTY, TO STRIKE THE REQUIREMENT THAT MONEY AND BANK BILLS BE VALUED AT PAR VALUE AND THAT CREDITS BE VALUED AT THE FACE VALUE OF THE CONTRACT UNLESS THE PRINCIPAL BE PAYABLE AT A FUTURE TIME WITHOUT INTEREST AND CONTRACTS FOR THE DELIVERY OF SPECIFIC ARTICLES BE VALUED AT THE USUAL SELLING PRICE OF SUCH ITEMS; TO AMEND SECTION 12-37-970, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS' INVENTORIES, TO REMOVE MERCHANTS' INVENTORIES FROM THE REQUIRED ASSESSMENT OF PERSONAL PROPERTY FOR TAXATION PURPOSES; TO AMEND SECTION 12-37-2420, RELATING TO PROPERTY TAX RETURNS FOR AIRLINE COMPANIES, TO CHANGE THE DATE OF FILING FROM APRIL FIFTEENTH TO APRIL THIRTIETH, AND TO STRIKE LANGUAGE DESIGNATING THE FILING DEADLINES FOR AIRLINES IN YEAR 1976; TO AMEND SECTION 12-37-2610, RELATING TO TAX YEAR OF MOTOR VEHICLES, TO REMOVE REFERENCES TO VEHICLE LICENSE AND REPLACE WITH VEHICLE REGISTRATIONS, TO REMOVE REFERENCES AND PROCEDURES FOR TWO-YEAR VEHICLE LICENSES, TO PROVIDE AN EXCEPTION FOR TRANSFER OF
THE LICENSE FROM ONE VEHICLE TO ANOTHER, AND TO PROVIDE THAT NOTICES OF SALES BY DEALERS MUST BE MADE TO THE DEPARTMENT OF MOTOR VEHICLES RATHER THAN THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-37-2630, RELATING TO MOTOR VEHICLE TAXES, TO REQUIRE THAT AN OWNER OF A VEHICLE SHALL MAKE A PROPERTY TAX RETURN TO THE AUDITOR WITHIN FORTY-FIVE DAYS OF THE VEHICLE BECOMING TAXABLE IN A COUNTY; TO AMEND SECTION 12-37-2660, RELATING TO MOTOR VEHICLE LICENSE REGISTRATIONS, TO REDUCE THE TIME THE DEPARTMENT OF MOTOR VEHICLES MUST PROVIDE A LIST OF LICENSE REGISTRATION APPLICATIONS TO THE COUNTY AUDITOR FROM NINETY TO SIXTY DAYS AND TO UPDATE THE REQUIRED FORM OF THE LISTINGS; TO AMEND SECTION 12-37-2725, RELATING TO THE TRANSFER OF THE TITLE OF A VEHICLE TO ANOTHER STATE, TO CHANGE THE LOCATION OF THE RETURN OF THE LICENSE PLATE AND VEHICLE REGISTRATION FROM THE COUNTY AUDITOR TO THE DEPARTMENT OF MOTOR VEHICLES, AND TO DELINEATE THE PROCESS FOR OBTAINING A TAX REFUND FOR THE PORTION OF THE TAX YEAR REMAINING; TO REPEAL SECTION 12-37-2735, RELATING TO THE ESTABLISHMENT OF THE PERSONAL PROPERTY TAX RELIEF FUND; TO AMEND SECTION 12-39-10, RELATING TO THE APPOINTMENT OF THE COUNTY AUDITOR, TO ELIMINATE THE FOUR YEAR TERM OF THE AUDITOR AND TO REQUIRE HIM TO TAKE THE OATH OF OFFICE BEFORE ENTERING INTO OFFICE; TO AMEND SECTION 12-39-40, RELATING TO APPOINTMENT OF A DEPUTY AUDITOR, TO REQUIRE THE APPOINTMENT TO BE FILED WITH THE STATE TREASURER INSTEAD OF THE COMPTROLLER GENERAL; TO AMEND SECTION 12-39-60, RELATING TO THE COUNTY AUDITOR, TO CHANGE THE DEADLINE FOR RECEIVING TAX RETURNS FROM APRIL FIFTEENTH TO APRIL THIRTIETH AND TO REDUCE THE REQUIREMENT OF PUBLIC NOTICE FOR A LOCATION TO RECEIVE RETURNS TO A PERMISSIVE AUTHORITY FOR THE PROVIDING OF THIS NOTICE; TO AMEND SECTION 12-39-120, RELATING TO THE POWER OF THE COUNTY AUDITOR TO ENTER INTO BUILDINGS THAT ARE NOT DWELLINGS TO DETERMINE VALUE, TO CHANGE THE DETERMINATION
FROM THE VALUE OF ANY BUILDING TO THE VALUE OF ANY TAXABLE PERSONAL PROPERTY; TO AMEND SECTION 12-39-160, RELATING TO SPECIAL LEVIES, TO CHANGE THE REQUIREMENT THAT THE COUNTY AUDITOR REPORT THE AMOUNT OF PROPERTIES SUBJECT TO SPECIAL LEVIES TO THE COUNTY SUPERINTENDENT, BOARDS OF EDUCATION, AND BOARDS OF TRUSTEES, TO A PERMISSIVE AUTHORITY TO PROVIDE THE INFORMATION; TO AMEND SECTION 12-39-190, RELATING TO THE REPORTING OF REAL AND PERSONAL PROPERTY TAXES, TO ELIMINATE THE REQUIREMENT THAT THE REPORTING BE IN A NUMBER OF COLUMNS SPECIFIED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-39-200, RELATING TO FORMS THE DEPARTMENT OF REVENUE MAY PRESCRIBE, TO ALLOW THE DEPARTMENT TO DETERMINE THE TYPES OF ACCEPTABLE FORMAT REQUIRED; TO AMEND SECTION 12-39-220, RELATING TO OMISSION OF NEW PROPERTY FROM THE COUNTY DUPLICATE, TO REQUIRE THE COUNTY AUDITOR TO IMMEDIATELY NOTIFY THE COUNTY ASSESSOR, TO ELIMINATE THE SPECIFICATION OF A TWENTY PERCENT PENALTY FOR UNPAID TAXES TO REPLACE WITH ALL APPLICABLE PENALTIES, AND TO ELIMINATE DUPLICATE LANGUAGE IN THE CODE; TO AMEND SECTION 12-39-260, RELATING TO THE COUNTY AUDITOR'S RECORDS, TO REDUCE THE REQUIREMENT THAT AUDITORS KEEP RECORDS OF ALL SALES OR CONVEYANCES OF REAL PROPERTY TO A PERMISSIVE AUTHORITY TO KEEP THESE RECORDS; TO AMEND SECTION 12-39-270, RELATING TO THE COUNTY AUDITOR'S ABATEMENT BOOK, TO REMOVE THE PROVISION THAT REQUIRES THE ABATEMENT ALLOWED IN ANNUAL SETTLEMENTS BETWEEN THE AUDITOR AND THE TREASURER TO BE ACCORDING TO THE RECORD IN THE ABATEMENT BOOK; TO AMEND SECTION 12-43-220, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT, TO REQUIRE THAT IN ORDER TO PROVE ELIGIBILITY FOR THE FOUR PERCENT HOME ASSESSMENT RATIO, THE OWNER-OCCUPANT MUST PROVIDE PROOF THAT ALL MOTOR VEHICLES REGISTERED IN HIS NAME WERE REGISTERED AT THAT SAME ADDRESS; TO AMEND SECTION 12-45-10, RELATING TO THE APPOINTMENT OF
COUNTY TREASURERS, TO CHANGE THE OBLIGATION OF THE GOVERNOR TO APPOINT COUNTY TREASURERS TO MAKE IT A PERMISSIVE AUTHORITY TO DO SO; TO AMEND SECTION 12-45-35, RELATING TO THE APPOINTMENT OF DEPUTY COUNTY TREASURERS, TO CHANGE THE REQUIREMENT OF THE FILING OF THE APPOINTMENT WITH THE DEPARTMENT OF REVENUE TO THE FILING WITH THE STATE TREASURER; TO AMEND SECTION 12-45-40, RELATING TO THE PUBLICATION AND NOTICE OF CERTAIN TAX RATES, TO CHANGE THE OBLIGATION TO PUBLISH IN ONE NEWSPAPER TO REQUIRE PUBLICATION IN EITHER THE PRINT MEDIA OR ELECTRONICALLY, OR BOTH, AND TO REMOVE THE REQUIREMENT THAT THE PUBLICATION STATE THE RATE PERCENT OF THE STATE LEVY; TO AMEND SECTION 12-45-70, RELATING TO COLLECTION OF TAXES, TO CHANGE THE REQUIREMENT THAT THE OFFICIAL CHARGED WITH COLLECTING TAXES SHALL SEND A LIST OF TAXES PAID TO THE DEPARTMENT OF MOTOR VEHICLES INSTEAD OF THE DEPARTMENT OF PUBLIC SAFETY AND THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT THIS CERTIFICATION INSTEAD OF A TAX RECEIPT; TO AMEND SECTION 12-45-90, RELATING TO THE FORMS OF PAYMENT FOR TAXES, TO STRIKE FROM THE ACCEPTABLE FORMS OF PAYMENT, JURY CERTIFICATES, CIRCUIT COURT WITNESS PER DIEMS, AND COUNTY CLAIMS; TO AMEND SECTION 12-45-120, RELATING TO DELINQUENT TAXATION, TO REPLACE THE DESIGNATION OF CHATTEL TAX WITH THE TERM PERSONAL TAX; TO AMEND SECTION 12-45-180, RELATING TO THE COLLECTION OF DELINQUENT TAXES, TO ADD THE OFFICE AUTHORIZED TO COLLECT DELINQUENT TAXES AS AN OFFICE AUTHORIZED TO WAIVE PENALTIES IN CASES OF IMPROPER MAILING OR ERROR; TO AMEND SECTION 12-45-185, RELATING TO THE WAIVER OF PENALTIES FOR DELINQUENT TAXES, TO ALLOW THE COUNTY TREASURER TO NOTIFY THE COUNTY AUDITOR OF SUCH WAIVERS; TO AMEND SECTION 12-45-260, RELATING TO THE MONTHLY FINANCIAL REPORT OF COUNTY TREASURER TO THE COUNTY SUPERVISOR, TO ELIMINATE THE REQUIREMENT THAT THE TREASURER MUST REPORT TO THE COUNTY SUPERVISOR ON THE FIFTEENTH OF EACH MONTH AND TO ALLOW THE TREASURER TO REPORT MONTHLY; TO AMEND
SECTION 12-45-300, RELATING TO THE AUDITOR'S LIST OF DELINQUENT TAXES, TO STRIKE THE REQUIREMENT THAT THE AUDITOR MUST MAKE MARGINAL NOTATIONS AS TO THE REASONS THE TAXES WERE NOT COLLECTABLE, AND TO ELIMINATE THE REQUIREMENT THAT THE TREASURER MUST SIGN AND SWEAR TO THE LIST BEFORE THE AUDITOR; TO AMEND SECTION 12-45-420, RELATING TO THE WAIVER OF PENALTIES DUE TO ERRORS BY THE COUNTY BY A COMMITTEE MADE UP OF THE COUNTY AUDITOR, TREASURER, AND ASSESSOR, TO REQUIRE THAT THE WAIVER MUST BE BY MAJORITY VOTE OF THE COMMITTEE; TO AMEND SECTION 12-49-10, RELATING TO LIENS AND SUITS FOR THE COLLECTION OF TAXES, TO CHANGE THE DESIGNATION OF DEBTS PAYABLE TO THE STATE TO DEBTS PAYABLE TO THE COUNTY; TO AMEND SECTION 12-49-20, RELATING TO LIENS IN THE COLLECTION OF DELINQUENT TAXES, TO MOVE THE AUTHORITY OF THE COUNTY SHERIFF TO COLLECT DELINQUENT TAXES TO THE COUNTY TAX COLLECTOR; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTABLE PROPERTY TAX FOR DERELICT MOBILE HOMES, TO CHANGE THE AUTHORITY FROM THE COUNTY AUDITOR TO THE COUNTY ASSESSOR TO DETERMINE THE REMOVAL AND DISPOSAL OF A MOBILE HOME AND TO INCLUDE THE REQUIREMENT THAT THE ASSESSOR REMOVE THE DERELICT HOME FROM HIS RECORDS AND THE AUDITOR TO REMOVE THE DERELICT HOME FROM THE DUPLICATE LIST; TO AMEND SECTION 12-49-910, RELATING TO THE SEIZURE OF PROPERTY SUBJECT TO A TAX LIEN BY THE SHERIFF OR COUNTY TAX COLLECTOR, TO REMOVE THE AUTHORITY OF THE SHERIFF TO LEVY AND SEIZE PROPERTY OF A DEFAULTING TAXPAYER; TO AMEND SECTION 12-49-920, RELATING TO THE SEIZURE OF PROPERTY FOR TAX DEFAULT BY THE COUNTY SHERIFF OR THE COUNTY TAX COLLECTOR, TO REMOVE THE AUTHORITY OF THE SHERIFF TO POSSESS THE SEIZED PROPERTY; TO AMEND SECTION 12-49-930, RELATING TO THE REMOVAL OR DESTRUCTION OF PERSONAL PROPERTY SUBJECT TO A TAX LIEN, TO REMOVE THE REFERENCE TO THE COUNTY SHERIFF; TO AMEND SECTION 12-49-940, RELATING TO THE DISPOSAL OF PERSONAL PROPERTY SEIZED DUE TO A TAX LIEN BY THE
COUNTY SHERIFF OR TAX COLLECTOR, TO REMOVE THE AUTHORITY OF THE COUNTY SHERIFF TO ADVERTIZE FOR THE SALE OF THE PROPERTY; TO AMEND SECTION 12-49-950, RELATING TO BIDDING ON PERSONAL PROPERTY SUBJECT TO A TAX LIEN BY THE FORFEITED LAND COMMISSION, TO ALLOW BIDS TO BE MADE ON BEHALF OF THE FORFEITED LAND COMMISSION; TO AMEND SECTION 12-49-960, RELATING TO THE SALE OF PROPERTY SUBJECT TO A TAX SALE, TO REMOVE THE AUTHORITY OF THE COUNTY SHERIFF; TO AMEND SECTION 12-49-1110, RELATING TO THE RIGHTS OF REAL PROPERTY MORTGAGES, TO CHANGE THE DEFINITION OF "TAX TITLE" FROM "A DEED FOR REAL PROPERTY AND A BILL OF SALE FOR PERSONAL PROPERTY" TO "A DEED FOR REAL PROPERTY OR A BILL OF SALE FOR PERSONAL PROPERTY"; TO AMEND SECTION 12-49-1150, RELATING TO THE NOTICE TO MORTGAGEE OF A TAX SALE, TO INCLUDE IN THE INFORMATION PROVIDED THE TAX MAP NUMBER OF THE PROPERTY; TO AMEND SECTION 12-49-1220, RELATING TO THE PROCEDURES FOR PROVIDING NOTICE OF TAX SALE OF MOBILE OR MANUFACTURED HOMES, TO SPECIFY THE FORMS OF LIENHOLDERS PROVIDED TO TAX COLLECTORS FOR NOTICE TO BE THOSE PROVIDED BY THE DEPARTMENT RESPONSIBLE FOR THE REGISTRATION OF MANUFACTURED HOMES; TO AMEND SECTION 12-49-1270, RELATING TO THE RIGHTS OF THE LIENHOLDER IN A TAX SALE AND THE RIGHTS AND REMEDIES THAT ARE NOT AFFECTED BY COMPLIANCE OF THE INFORMATION PROVISIONS, TO CHANGE THE INFORMATION PROVIDED TO THE AUDITOR TO THE ASSESSOR; TO AMEND SECTION 12-51-40, RELATING TO PROPERTY TAXES AND THE TREATMENT OF MOBILE HOMES AS PERSONAL PROPERTY, TO REMOVE THE REQUIREMENT OF WRITTEN NOTICE OF THE HOMES ANNEXATION TO THE LAND BY THE HOMEOWNER TO THE AUDITOR TO REQUIRE COMPLIANCE WITH DE-TITLING PROVISIONS OF THE MANUFACTURED HOUSING LAW AND TO ALLOW A COUNTY TO CONTRACT IN THE COLLECTION OF DELINQUENT TAXES; TO AMEND SECTION 12-51-55, RELATING TO THE BID ON PROPERTY SOLD FOR AD VALOREM TAXES, TO REMOVE THE PROVISIONS FOR THE APPLICATIONS OF THE FUNDS FOR WHEN THE PROPERTY IS
NOT REDEEMED; TO AMEND SECTION 12-51-80, RELATING TO THE SETTLEMENT BY THE TREASURER, TO INCREASE THE TIME OF SETTLEMENT TO THE POLITICAL SUBDIVISIONS FROM THIRTY DAYS TO FORTY-FIVE DAYS AFTER THE TAX SALE; TO REPEAL SECTION 12-59-30, RELATING TO THE SUFFICIENCY OF DEEDS OF LANDS FORFEITED TO THE STATE COMMISSIONS IN YEAR 1939; TO AMEND SECTION 12-59-40, RELATING TO FORFEITED LAND COMMISSIONS, TO INCLUDE LANDS FORFEITED TO COUNTY TAX COLLECTORS IN LANDS AUTHORIZED FOR SALE AND TO REMOVE THE STATE AS HOLDER OF PROPERTY HELD AND SOLD BY THE FORFEITED LAND COMMISSION; TO AMEND SECTION 12-59-50, RELATING TO THE FORFEITED LAND COMMISSION, TO REMOVE THE REFERENCE TO DELINQUENT STATE TAXES SUBJECT TO THESE PROVISIONS; TO AMEND SECTION 12-59-70, RELATING TO FORFEITED LAND COMMISSION SALES, TO REMOVE REFERENCE TO THE SHERIFF SUBMITTING TITLE TO THE COMMISSION AND TO REFERENCE THE COUNTY TAX COLLECTOR SUBMITTING TITLE TO THE COMMISSION; TO AMEND SECTION 12-59-80, RELATING TO THE FORFEITED LAND COMMISSION, TO DESIGNATE THE PROCEDURE FOR ACCEPTING BIDS FOR THE SALE OF FORFEITED PROPERTY; TO AMEND SECTION 12-59-90, RELATING TO FORFEITED LANDS TAX SALES, TO REMOVE THE AUTHORITY OF THE COUNTY SHERIFF TO EXECUTE DEEDS AND CONVEYANCES FOR FORFEITED LANDS AND TO AUTHORIZE THE COUNTY TAX COLLECTOR TO EXECUTE THE DEEDS AND CONVEYANCES; TO AMEND SECTION 12-59-100, RELATING TO THE TURNING OVER OF PROCEEDS OF A DELINQUENT TAX SALE BY THE FORFEITED LANDS COMMISSION TO THE COUNTY TREASURER AND THE TREASURER TO DEPOSIT THESE FUNDS INTO THE COUNTY GENERAL FUND, TO DELETE THE PROVISION THAT THE TREASURER DO SO AT THE CLOSE OF THE FISCAL YEAR AND TO STRIKE REFERENCES TO THE STATE INTERESTS IN THESE PROCEEDS; TO REPEAL SECTION 12-59-110, RELATING TO FEES AND COSTS OF THE SHERIFF FOR SERVICES PROVIDED TO THE FORFEITED LANDS COMMISSION IN REGARD TO DELINQUENT TAX SEIZURES; TO AMEND SECTION 12-59-120, RELATING TO THE FORFEITED LANDS COMMISSION, TO
REPLACE REFERENCE TO THE COUNTY SHERIFFS WITH THE COUNTY TAX COLLECTOR REGARDING THE ALLOWING OF AGENTS OF THE COMMISSION ACCESS TO EXECUTIONS ISSUED FOR THE COLLECTION OF TAXES; AND TO AMEND SECTION 12-60-1760, RELATING TO PROPERTY TAX PROTESTS, TO REPLACE THE COUNTY AUDITOR WITH THE COUNTY IN REGARD TO WHO IS OBLIGATED TO RATABLY APPORTION FEES, EXPENSES, DAMAGES, AND COSTS RESULTING IN DEFENDING A COURT ACTION, AND TO REPLACE THE COUNTY AUDITOR OR TREASURER WITH THE COUNTY AS TO WHO MAY CAUSE A MUNICIPALITY TO BE MADE A PARTY TO ANY ACTION INVOLVING A MUNICIPAL LEVY.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation polled out S. 1410 favorable:
S. 1410 (Word version) -- Senators Grooms, Fair and Shoopman: A JOINT RESOLUTION TO CLARIFY AND AFFIRM THAT THE SAVANNAH RIVER MARITIME COMMISSION IS THE SOLE AUTHORITY THAT MAY TAKE ANY ACTION PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER AND CONCERNING THE SAVANNAH HARBOR EXPANSION PROJECT; TO ESTABLISH VOTING REQUIREMENTS FOR THE SOUTH CAROLINA DELEGATION TO THE JOINT PROJECT OFFICE; TO PROVIDE THAT SOUTH CAROLINA APPOINTEES TO THE JOINT PROJECT OFFICE ARE SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE; AND TO PROVIDE THAT ANY EXPENDITURE OF STATE FUNDS THROUGH THE JOINT PROJECT OFFICE MUST BE UPON THE APPROVAL OF A MAJORITY OF THE SOUTH CAROLINA REPRESENTATIVES ON THE JOINT PROJECT OFFICE.
AYES
Grooms Ryberg Land Leatherman McGill Elliott
Rankin Verdin Malloy Campsen Cleary Anderson Bright Campbell Peeler Sheheen
NAYS
Total--0
Pinckney
S. 1410 (Word version) -- Senators Grooms, Fair and Shoopman: A JOINT RESOLUTION TO CLARIFY AND AFFIRM THAT THE SAVANNAH RIVER MARITIME COMMISSION IS THE SOLE AUTHORITY THAT MAY TAKE ANY ACTION PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER AND CONCERNING THE SAVANNAH HARBOR EXPANSION PROJECT; TO ESTABLISH VOTING REQUIREMENTS FOR THE SOUTH CAROLINA DELEGATION TO THE JOINT PROJECT OFFICE; TO PROVIDE THAT SOUTH CAROLINA APPOINTEES TO THE JOINT PROJECT OFFICE ARE SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE; AND TO PROVIDE THAT ANY EXPENDITURE OF STATE FUNDS THROUGH THE JOINT PROJECT OFFICE MUST BE UPON THE APPROVAL OF A MAJORITY OF THE SOUTH CAROLINA REPRESENTATIVES ON THE JOINT PROJECT OFFICE.
Senator GROOMS asked unanimous consent to take up the Joint Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator GROOMS asked unanimous consent to give the Joint Resolution a second reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Elliott Fair Grooms Hayes Hutto Jackson Knotts Land Leventis Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
The Joint Resolution was given a second reading and ordered placed on the Third Reading Calendar for consideration tomorrow.
I did not vote either "aye" or "nay" today on S. 1410. The Joint Resolution was filed yesterday, bypassed the committee process and came up for a vote on the Senate floor without adequate debate or, in my opinion, knowledge by the members of what it contained. My quick reading of the Joint Resolution in the moments before the vote was taken (the first time I had an opportunity to read it) did not enable me to adequately judge its merits and/or demerits. Accordingly, I have put my name on the Joint Resolution as desiring to be present so as to forestall a third and final reading on the resolution. In the interim, I
will endeavor to educate the body on the content and likely impact the Joint Resolution would have, if such were to become law.
Senator CAMPBELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3385 (Word version) -- Reps. D.C. Moss, V.S. Moss, Harrison, Delleney, Gambrell, Harrell, Hiott, Hixon, Lucas and Norman: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS ON SUNDAYS AND ELECTION DAYS, SO AS TO INCLUDE CHRISTMAS DAY AND THANKSGIVING DAY IN THE PURVIEW OF THE STATUTE.
Ordered for consideration tomorrow.
Senator CAMPBELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4205 (Word version) -- Reps. Funderburk, G.A. Brown and Lucas: A BILL TO AMEND ARTICLE 8, CHAPTER 36, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS NOT-FOR-PROFIT PROVIDING WATER SERVICE FINANCED BY FEDERAL OR STATE LOANS BEING PERMITTED TO CONVERT TO A PUBLIC SERVICE DISTRICT, BY ADDING SECTION 33-36-1315 SO AS TO PROVIDE FOR ADDITIONAL CONVERSION PROVISIONS, TERMS, AND LIMITATIONS FOR NONPROFIT CORPORATIONS OF A CERTAIN SIZE THAT PROVIDE WATER SERVICE IN TWO OR MORE COUNTIES; AND TO AMEND SECTION 33-36-1330, RELATING TO THE GOVERNING BOARD AND STRUCTURE OF A CORPORATION WHICH HAS BEEN CONVERTED TO A PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF A PUBLIC SERVICE DISTRICT OF A CERTAIN SIZE THAT PROVIDES SERVICE IN TWO OR MORE COUNTIES.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4595 (Word version) -- Reps. Bingham, Allison, Anthony and White: A BILL TO AMEND ACT 73 OF 2011, RELATING TO THE 2011-2012 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE PARAGRAPH 1A.54, SECTION 1A, PART IB, DIRECTING THE DEPARTMENT OF EDUCATION TO TRANSFER CERTAIN
FUNDS TO MEET MAINTENANCE OF EFFORT REQUIREMENTS FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT BY PROVIDING THAT THE DOLLAR AMOUNT DIRECTED TO BE TRANSFERRED MUST BE "UP TO" THAT AMOUNT AND NOT THE SPECIFIC AMOUNT STIPULATED.
Ordered for consideration tomorrow.
Senator CAMPBELL from the Committee on Judiciary submitted a favorable report on:
H. 4726 (Word version) -- Reps. Pitts, Parks and Pinson: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF PUBLIC SERVICE DISTRICT AND SPECIAL PURPOSE DISTRICT COMMISSIONS, INCLUDING, AMONG OTHER THINGS, THE POWER TO ASSESS THE COST OF THE ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE, SO AS TO PROVIDE THAT IF A RESIDENTIAL SUBDIVISION RECEIVED CONCEPTUAL APPROVAL FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR SEPTIC TANK USE AND SUBSEQUENTLY FIVE OR MORE LOTS IN THE SUBDIVISION WERE DENIED PERMITS BY THE DEPARTMENT, AN ASSESSMENT MAY BE LEVIED ON THE ABUTTING PARCELS IN THE SUBDIVISION FOR THE ACTUAL COSTS OF THE SEWER LATERAL COLLECTION LINES, TRANSMISSION LINES, AND ASSOCIATED INFRASTRUCTURE AND TO PROVIDE THAT A LETTER OR CERTIFICATE OF THE DEPARTMENT ESTABLISHES THESE CONDITIONS AUTHORIZING THE ASSESSMENT.
Ordered for consideration tomorrow.
Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable report on:
Initial Appointment, Crime Victims' Ombudsman of the Office of the Governor with term coterminous with the Governor:
Crime Victims' Ombudsman
Mrs. Debora D. Curtis, 1047 Beagle Run Road, Chapin, SC 29036
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4632 (Word version) -- Rep. Battle: A BILL TO FORM ALL SCHOOL DISTRICTS IN MARION COUNTY INTO A SINGLE SCHOOL DISTRICT ENTITLED THE "MARION COUNTY SCHOOL DISTRICT" ON JULY 1, 2012, TO PROVIDE THAT THERE MUST BE NO ELECTED COUNTY SUPERINTENDENT OF EDUCATION FOR MARION COUNTY WITH ALL POWERS AND DUTIES OF THIS OFFICE DEVOLVED UPON THE MARION COUNTY BOARD OF EDUCATION WHICH MUST BE THE GOVERNING BODY OF THE MARION SCHOOL DISTRICT, TO PROVIDE FOR THE MANAGERIAL AND OTHER ADMINISTRATIVE STAFF FOR THE DISTRICT, TO PROVIDE FOR THE MANNER IN WHICH CONTRACTS OF EMPLOYMENT FOR TEACHERS AND OTHER PROFESSIONAL PERSONNEL OF THE DISTRICT MUST BE OFFERED, TO PROVIDE FOR THE FISCAL AUTHORITY AND AFFAIRS OF THE DISTRICT, INCLUDING THE MANNER IN WHICH AD VALOREM TAXES FOR THE BENEFIT OF THE DISTRICT MUST BE LEVIED FOR OPERATING AND GENERAL OBLIGATION DEBT PURPOSES, AND TO PROVIDE FOR OTHER RELATED PROVISIONS TO EFFECTUATE THIS FORMATION ON JULY 1, 2012.
H. 4983 (Word version) -- Reps. Pope, King, Norman, Simrill, Delleney, Long and D.C. Moss: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES AND THE USE OF FIREARMS WITHIN THEIR BORDERS, SO AS TO REVISE THE BOUNDARIES OF CERTAIN BIRD SANCTUARIES IN YORK COUNTY.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1351 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-157 SO AS TO SPECIFY THE NUMBER OF LIFEGUARDS, BASED ON THE SQUARE FOOTAGE AND NUMBER OF PATRONS, A TYPE "A" PUBLIC SWIMMING POOL OPERATED BY THE STATE, OR A POLITICAL SUBDIVISION OF THE STATE, MUST HAVE AS A CONDITION OF OBTAINING AND MAINTAINING AN OPERATING PERMIT AND TO PROVIDE PROCEDURES FOR APPLYING FOR A VARIANCE; AND TO REQUIRE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL APPROVAL OF LIFEGUARD COVERAGE PLANS FOR TYPE "E" PUBLIC SWIMMING POOLS.
S. 1384 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 469 OF 2000, AS AMENDED, RELATING TO YORK COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THE FIVE SPECIFIC ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE GOVERNING BODY OF THE YORK COUNTY SCHOOL DISTRICT 1 MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS, AND MAKE NECESSARY CONFORMING CHANGES.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 1412 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND ACT 518 OF 1982, RELATING TO BERKELEY COUNTY BOARD OF EDUCATION AS THE GOVERNING BODY OF THE SCHOOL DISTRICT OF BERKELEY COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BERKELEY COUNTY BOARD OF EDUCATION SHALL BE ELECTED BEGINNING WITH SCHOOL BOARD ELECTIONS IN 2012, AND TO PROVIDE FOR
DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.
On motion of Senator GROOMS, S. 1412 was ordered to receive a third reading on Thursday, April 12, 2012.
S. 1059 (Word version) -- Senators Cromer and Elliott: A BILL TO AMEND SECTION 48-4-30 OF THE 1976 CODE, RELATING TO THE COMPOSITION OF THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, TO INCREASE THE NUMBER OF BOARD MEMBERS TO REFLECT THE ADDITION OF THE NEW CONGRESSIONAL DISTRICT, AND TO DESIGNATE THE AT-LARGE BOARD MEMBER AS CHAIRMAN.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CROMER proposed the following amendment (1059R007.RWC), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 24 - 35 and inserting:
/ SECTION 4. Notwithstanding any other provision of law to the contrary, a person appointed to serve, or serving, as a member of the Department of Natural Resources Board to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, as the representative of the district to which he was transferred for the term of office for which he was appointed; however, the appointing authority shall appoint an additional member to the board from the district which loses a resident member on it as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. /
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the amendment.
The amendment was adopted.
Senators KNOTTS and LEATHERMAN proposed the following amendment (1059R008.JMK), which was adopted:
Amend the bill, as and if amended, page 3, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. Section 48-4-50 of the 1976 Code is amended to read:
"Section 48-4-50. The board shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of set the policies for the department subject only to the laws of this State and the United States. The board has no duty or authority concerning the management of, control over, or administration of the day to day affairs of the department." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott
Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1168 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-60 SO AS TO REQUIRE HOSPITALS TO PROVIDE PARENTS OF NEWBORNS, PRIOR TO DISCHARGE, EDUCATIONAL INFORMATION ON PERTUSSIS DISEASE AND TO REQUIRE THIS INFORMATION TO INCLUDE THE CENTER FOR DISEASE CONTROL'S RECOMMENDATION THAT PARENTS RECEIVE THE TETANUS, DIPHTHERIA, AND PERTUSSIS VACCINE DURING POST PARTUM TO PROTECT NEWBORNS FROM THE TRANSMISSION OF PERTUSSIS; AND TO PROVIDE THAT HOSPITALS ARE NOT REQUIRED TO PROVIDE OR PAY FOR A VACCINATION AGAINST PERTUSSIS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman
Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1220 (Word version) -- Senators Campbell and Hayes: A BILL TO AMEND SECTION 48-2-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES IMPOSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR CERTAIN ENVIRONMENTAL PROGRAMS, INCLUDING THE SURFACE WATER WITHDRAWAL PROGRAM, WHICH ARE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND FOR ADMINISTRATION OF THESE PROGRAMS, SO AS TO ENUMERATE THE FEES FOR SURFACE WATER WITHDRAWAL APPLICATIONS AND PERMITS THAT WOULD OTHERWISE HAVE BEEN REPEALED JANUARY 1, 2013; BY ADDING SECTION 49-4-175 SO AS TO REIMPOSE THE FEES THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY CHARGE FOR SURFACE WATER WITHDRAWAL AND APPLICATIONS AND PERMITS AND TO PROVIDE THAT THE DEPARTMENT SHALL RETAIN THESE FEES TO IMPLEMENT AND OPERATE THE SURFACE WATER WITHDRAWAL PROGRAM; AND TO AMEND ACT 247 OF 2010, BY REPEALING PROVISIONS THAT PROSPECTIVELY REPEAL THE IMPOSITION OF SURFACE WATER WITHDRAWAL PERMIT FEES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Bright
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1394 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator CLEARY explained the Joint Resolution.
The question then was second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Bright
The Joint Resolution was read the second time and ordered placed on the Third Reading Calendar.
H. 4905 (Word version) -- Reps. Bingham, Allison and Anthony: A JOINT RESOLUTION TO REQUIRE LOCAL SCHOOL DISTRICTS TO DECIDE AND NOTIFY TEACHERS OF THEIR EMPLOYMENT
FOR THE 2012-2013 SCHOOL YEAR BY MAY 15, 2012; TO PROVIDE THAT A CONTINUING-CONTRACT TEACHER WHO IS BEING RECOMMENDED FOR FORMAL EVALUATION THE FOLLOWING SCHOOL YEAR MUST BE NOTIFIED IN WRITING ON OR BEFORE THE DATE THE SCHOOL DISTRICT ISSUES THE WRITTEN OFFER OF EMPLOYMENT OR REEMPLOYMENT; TO REQUIRE TEACHERS WHO ARE REEMPLOYED BY WRITTEN NOTIFICATION TO NOTIFY THE DISTRICT BOARD OF THEIR ACCEPTANCE WITHIN TEN DAYS OF RECEIPT OF WRITTEN NOTIFICATION OF EMPLOYMENT; AND TO ALLOW DISTRICTS TO UNIFORMLY NEGOTIATE SALARIES OF CERTAIN RETIRED TEACHERS BELOW THE DISTRICT SALARY SCHEDULE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator RYBERG proposed the following amendment (4905R001.WGR), which was adopted:
Amend the joint resolution, as and if amended, page 2, by striking lines 12-14 and inserting:
/ salary schedule for the 2012-2013 school year for retired teachers. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
The question then was second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Knotts
Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading.
S. 1042 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-65 SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2012-2013, ALL MIDDLE AND HIGH SCHOOLS OF THIS STATE SHALL PROVIDE AT LEAST THREE HOURS OF INSTRUCTION EACH YEAR TO ITS STUDENTS IN EACH GRADE AT THE BEGINNING OF THE SCHOOL YEAR ABOUT CRIMINAL CONDUCT OR OTHER ACTIONS MOST COMMONLY COMMITTED BY OR INVOLVING SCHOOL-AGED CHILDREN OR YOUNG ADULTS THAT COULD RESULT IN INCARCERATION IN A FEDERAL, STATE, OR LOCAL PRISON OR DETENTION FACILITY WHETHER THE CONDUCT OR ACTIONS ARE COMMITTED AS A JUVENILE OR AS AN ADULT, AND TO PROVIDE FOR PROCEDURES AND OTHER REQUIREMENTS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (DKA\4059SD12), which was adopted:
Amend the bill, as and if amended, by striking Section 59-29-65 as contained in SECTION 1, page 1 and inserting:
/ "Section 59-29-65. Beginning with school year 2012-2013, all middle and high schools of this State shall provide instruction each year to its students in each grade at the beginning of the school year about criminal conduct or other actions most commonly committed by or involving school-aged children or young adults that could result in incarceration in a federal, state, or local prison or detention facility whether the conduct or actions are committed as a juvenile or as an adult. This conduct includes, but is not limited to, mob or gang violence, fighting, criminal sexual conduct with particular emphasis on unlawful sexual relations between a minor and another person of a greater age, failure to pay child support, and disrupting school or classes. The instruction must be given in single gender settings and shall be of a length determined by the local school district governing body. Also, the students must be taught how to protect themselves from unwanted sexual contact, how to protect themselves from being a victim of sexual abuse or conduct, and the potential of being brought before family court for status offenses such as school truancy. The Department of Education shall prepare an outline of the instruction to be taught and make it available to the middle and high schools of this State."
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cleary Coleman Courson Cromer Elliott Ford Gregory
Hayes Hutto Jackson Land Leatherman Leventis Lourie Malloy Martin, Larry Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Scott Sheheen Thomas Williams
Bright Bryant Campbell Davis Fair Grooms Knotts Martin, Shane Massey Rose Ryberg Setzler Shoopman Verdin
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1324 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 40-57-40, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, TO ADD A COMMISSIONER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-59-10, RELATING TO THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-81-50, RELATING TO THE STATE ATHLETIC COMMISSION, TO ADD A COMMISSIONER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; AND TO AMEND SECTION 41-43-30, RELATING TO THE SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT AUTHORITY, TO ADD A COMMISSIONER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1398 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Resolution, the question being the second reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bright Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill Nicholson O'Dell Peeler Pinckney Rose Ryberg Scott Setzler Sheheen Shoopman Thomas Verdin Williams
Total--0
The Joint Resolution was read the second time and ordered placed on the Third Reading Calendar.
S. 788 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 21, TITLE 47 OF THE 1976 CODE, RELATING TO THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, BY AMENDING SECTION 47-21-70 TO PROVIDE ADDITIONAL LIABILITY EXEMPTIONS TO VETERINARIANS AND PEOPLE WHO HOLD A SUPERIOR INTEREST IN THE PROPERTY; BY ADDING SECTION 47-21-90 TO PROVIDE FOR A CIVIL CAUSE OF ACTION FOR A PERSON THAT SUFFERS DAMAGES AS A RESULT OF VIOLATIONS OF CHAPTER 21 RELATING TO ANIMAL FACILITY OPERATIONS; AND BY ADDING ARTICLE
5 TO PROVIDE THAT IT IS UNLAWFUL TO TAMPER WITH CROP OPERATIONS, TO INTERFERE WITH THE OPERATIONS OF A CROP OPERATION, TO FRAUDULENTLY GAIN ACCESS TO A CROP OPERATION, AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION FOR VIOLATIONS OF THIS ACT RELATED TO CROP OPERATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT, TO DEFINE NECESSARY TERMS, AND TO MAKE TECHNICAL CORRECTIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture proposed the following amendment (788R002.DBV), which was adopted:
Amend the bill, as and if amended, page 6, after line 25, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 4, Title 47 of the 1976 Code is amended by adding:
"Section 47-4-170. Information prepared, owned, used, submitted to, in the possession of, or retained by the commission or the State Veterinarian related to the exercise of its official duties pursuant to this chapter, including, but not limited to, certificates of veterinary inspection, animal medical records, laboratory reports, or other records that may be used to identify a person or private business activities subject to regulation by the commission is confidential and exempt from disclosure pursuant to Chapter 4, Title 30 unless the State Veterinarian determines that disclosure is necessary to implement the programs contained in this chapter or the State Veterinarian determines that disclosure is necessary to prevent the spread of animal disease or to protect the public health." /
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
On motion of Senator MALLOY, the Bill was carried over, as amended.
H. 3163 (Word version) -- Reps. Tallon, Cole, Allison, G.R. Smith, Taylor, McCoy, Forrester, Murphy, Hixon and Patrick: A BILL TO AMEND SECTION 56-5-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "MOTOR VEHICLE" SO AS TO INCLUDE "MOPEDS" IN THE TERM'S DEFINITION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (3163R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
/ TO AMEND ARTICLE 23, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, BY ADDING SECTION 56-5-2905 TO INCLUDE MOPEDS IN THE DEFINITION OF MOTOR VEHICLES FOR THE PURPOSES OF THE ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2905. For the purposes of this article 'Motor Vehicle' is defined as any vehicle which is self-propelled, including mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the committee amendment.
The committee amendment was adopted.
Senator MALLOY proposed the following amendment (NBD\12154DG12), which was adopted:
Amend the committee amendment, as and if amended, page [3163-1] by striking Section 56-5-2905 and inserting:
/"Section 56-5-2905. For the purposes of this article 'Motor Vehicle' is defined as any vehicle which is self-propelled, including mopeds, golf carts, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails." /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
The amendment was adopted.
Senator SCOTT proposed the following amendment (3163R004.JLS):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2937. (A) Notwithstanding any other provision of law, a person convicted of violating Section 56-5-2930 or Section 56-5-2933 while operating a moped must be punished as follows:
(1) for a first offense, by a fine of not less than one hundred dollars but not more than five hundred dollars or imprisonment of not more than thirty days;
(2) for a second offense, by a fine of not less than five hundred dollars but not more than one thousand dollars or imprisonment of not more than sixty days;
(3) for a third or subsequent offense, by imprisonment of ninety days, no part of which may be suspended.
(B) Any conviction for a violation of Section 56-5-2930 or Section 56-5-2933 may be used for enhancement purposes under this section." /
Renumber sections to conform.
Amend title to conform.
Senator SCOTT explained the amendment.
Senator KNOTTS moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator GROOMS spoke on the amendment.
On motion of Senator GROOMS, the Bill was carried over.
H. 3083 (Word version) -- Reps. Pitts, Daning, Toole, G.M. Smith, Clyburn, Bingham, J.R. Smith, Huggins, Young, Taylor, Long, H.B. Brown, Ryan, Whipper and R.L. Brown: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHANE MARTIN proposed the following amendment (3083R001.SRM):
Amend the bill, as and if amended, by adding an appropriately number SECTION:
/ SECTION __. Section 48-59-60 of the 1976 Code is amended to read:
"Section 48-59-60. To receive and hold revenues of the bank, there is created in the State Treasury separate and distinct from all other funds the South Carolina Conservation Bank Trust Fund. Earnings on the trust fund are retained in the trust fund and unexpended trust fund revenues at the end of a fiscal year are carried forward in the trust fund.
The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants and private gifts and bequests. Effective July 1, 2013, the fund must not receive any state funds, whether from appropriations or transfers from other state agencies. Trust fund revenues may be used only as provided in this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator SHANE MARTIN explained the amendment.
On motion of Senator SHANE MARTIN, the Bill was carried over, along with the pending amendment.
S. 781 (Word version) -- Senators Thomas and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 38 SO AS TO ENACT THE "PORTABLE ELECTRONICS INSURANCE ACT", TO PROVIDE CERTAIN DEFINITIONS RELATED TO PORTABLE ELECTRONICS INSURANCE, TO PROVIDE REQUIREMENTS RELATING TO THE SALE OF PORTABLE ELECTRONICS INSURANCE, TO PROVIDE CERTAIN DISCLOSURE REQUIREMENTS OF A VENDOR OF PORTABLE ELECTRONICS INSURANCE TO THE PROSPECTIVE CONSUMER OF THIS INSURANCE, TO PROVIDE PENALTIES FOR A VIOLATION, AND TO PROVIDE LICENSURE FEES AND SURCHARGES.
On motion of Senator MALLOY, the Bill was carried over.
S. 1210 (Word version) -- Senators Hayes, Land, Lourie and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 60-15-100 AND 60-15-110 SO AS TO PROVIDE AN ANNUAL TRANSFER TO THE SOUTH CAROLINA ARTS COMMISSION OF AN AMOUNT EQUAL TO FIFTEEN PERCENT OF THE GENERAL FUND PORTION OF STATE ADMISSIONS TAX REVENUES IN THE PREVIOUS YEAR AFTER OTHER TRANSFERS REQUIRED FROM THE REVENUE AND TO REQUIRE THE COMMISSION TO EXPEND AT LEAST SEVENTY PERCENT OF ITS STATE APPROPRIATED FUNDS ON GRANTS FOR CHILDREN'S AND COMMUNITY PROGRAMS.
On motion of Senator HAYES, the Bill was carried over.
S. 1307 (Word version) -- Senators Courson, Setzler, Matthews, Hayes and Ford: A BILL TO AMEND THE 1976 CODE, RELATING TO CERTAIN BOARDS AND COMMISSIONS TO AMEND CERTAIN EDUCATIONAL BOARDS OR COMMISSIONS, BOARDS FOR INSTITUTIONS OF HIGHER EDUCATION, THE SC EDUCATIONAL TELEVISION COMMISSION, AND THE SC MUSEUM COMMISSION TO ADJUST MEMBERSHIP TO ACCOUNT FOR THE SEVENTH CONGRESSIONAL DISTRICT, AND TO PROVIDE FOR THE CONTINUATION OF A MEMBER WHOSE RESIDENCY IS TRANSFERED. (ABBREVIATED TITLE)
On motion of Senator HAYES, the Bill was carried over.
S. 1399 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator FORD, the Joint Resolution was carried over.
H. 3059 (Word version) -- Reps. Merrill, Stavrinakis, J.E. Smith and Whipper: A BILL TO AMEND SECTION 12-6-3376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, SO AS TO REVISE THE DEFINITION OF "PLUG-IN HYBRID VEHICLE", TO RAISE THE AGGREGATE AMOUNT OF THE CREDIT AVAILABLE EACH FISCAL YEAR AND DELETE ITS EXPIRATION DATE, AND TO PROVIDE THAT THE CREDIT MUST BE ALLOCATED TO ELIGIBLE CLAIMANTS DURING A FISCAL YEAR ON A FIRST-COME, FIRST-SERVE BASIS.
Senator CAMPBELL explained the Bill.
On motion of Senator SHANE MARTIN, the Bill was carried over.
S. 163 (Word version) -- Senators Shoopman, Rose, Verdin and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-95 SO AS TO CREATE THE OFFENSES OF UNLAWFULLY PROVIDING BEER OR WINE TO A PERSON
UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 61-6-4083 SO AS TO CREATE THE OFFENSES OF UNLAWFULLY PROVIDING ALCOHOLIC LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH RESULTS TO THE PERSON UNDER THE AGE OF TWENTY-ONE OR TO ANOTHER PERSON AND TO PROVIDE PENALTIES.
Senator MALLOY objected to the Bill.
S. 148 (Word version) -- Senators Campsen, Rose, Verdin, McConnell and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "HOME INVASION PROTECTION ACT", BY ADDING SECTION 16-11-320 TO ESTABLISH THE OFFENSE OF HOME INVASION, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE HOME INVASION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF THE OFFENSE OF HOME INVASION.
Senator MALLOY objected to the Bill.
H. 3028 (Word version) -- Reps. Clemmons, Taylor, Clyburn and Long: A BILL TO AMEND SECTION 59-26-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDUCTION, ANNUAL, AND CONTINUING CONTRACTS FOR TEACHERS, SO AS TO INCREASE THE INDUCTION CONTRACT PERIOD FROM ONE YEAR TO FIVE YEARS.
Senators SCOTT and PINCKNEY objected to the Bill.
H. 4690 (Word version) -- Reps. Owens, J.M. Neal, Patrick, Willis, Daning, Erickson and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "JASON FLATT ACT" BY ADDING SECTION 59-26-110 SO AS TO PROVIDE
THAT THE DEPARTMENT OF EDUCATION SHALL REQUIRE TWO HOURS OF TRAINING IN YOUTH SUICIDE AWARENESS AND PREVENTION AS A REQUIREMENT FOR THE RENEWAL OF CREDENTIALS FOR INDIVIDUALS EMPLOYED IN MIDDLE SCHOOLS AND HIGH SCHOOLS; TO REQUIRE THE DEPARTMENT TO DEVELOP GUIDELINES FOR TRAINING AND MATERIALS THAT MAY BE USED BY SCHOOLS AND SCHOOL DISTRICTS AND TO PROVIDE THAT SCHOOL DISTRICTS MAY APPROVE TRAINING MATERIALS FOR TRAINING THEIR EMPLOYEES; TO PROVIDE THAT THIS TRAINING REQUIREMENT MAY BE SATISFIED THROUGH SELF REVIEW OF SUICIDE PREVENTION MATERIALS; AND TO PROVIDE THAT NO CAUSE OF ACTION RESULTS FROM THE IMPLEMENTATION OF THIS ACT.
Senator HAYES explained the Bill.
Senator FORD objected to the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator KNOTTS, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.
(R135, H4723 (Word version)) -- Reps. Loftis, Corbin, Allen, Dillard, Hamilton, Henderson, Nanney, G.R. Smith, Stringer, Willis and Bannister: AN ACT TO AMEND ACT 848 OF 1954, RELATING TO THE CREATION OF THE BEREA WATER AND SEWER DISTRICT IN GREENVILLE COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THE GOVERNING COMMISSION AND PROVIDE FOR STAGGERING THEIR TERMS.
The veto of the Governor was taken up for immediate consideration.
On motion of Senator SHOOPMAN, the veto was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 836 (Word version) -- Senators Grooms, Verdin, Knotts, Bright, Bryant, Courson, Campsen, McConnell, Cleary, Rose, Hayes, Shoopman, Massey, Campbell, Fair, Gregory, Cromer, L. Martin and Alexander: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 10 TO ENACT THE INTERSTATE HEALTHCARE COMPACT, TO PROVIDE THAT COMPACT MEMBERS MUST TAKE ACTION TO OBTAIN CONGRESSIONAL CONSENT TO THE COMPACT, TO PROVIDE THAT THE LEGISLATURE IS VESTED WITH THE RESPONSIBILITY TO REGULATE HEALTHCARE DELIVERED IN THEIR STATE, TO PROVIDE FOR HEALTHCARE FUNDING, TO ESTABLISH THE INTERSTATE ADVISORY HEALTH CARE COMMISSION AND TO PROVIDE ITS COMPOSITION, POWERS, DUTIES, AND AUTHORITY, TO PROVIDE THE EFFECTIVE DATE OF THE COMPACT, TO PROVIDE FOR AMENDING THE COMPACT, TO PROVIDE FOR THE MANNER OF WITHDRAWAL FROM THE COMPACT, AND TO PROVIDE NECESSARY DEFINITIONS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ROSE spoke on the Bill.
At 4:52 P.M., with Senator ROSE retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed three minutes.
At 4:55 P.M., the Senate resumed.
Senator HUTTO spoke on the Bill.
Senator HUTTO moved under the provisions of Rule 26B to take up an additional amendment on third reading.
Amendment No. 3 was taken up for immediate consideration.
Senators HUTTO, ROSE, KNOTTS, GROOMS, CAMPBELL, COURSON, MATTHEWS, SETZLER and ELLIOTT proposed the following Amendment No. 3 (MS\7753AHB12), which was adopted:
Amend the bill, as and if amended, page 6, after line 19, by adding:
/ Section 44-10-120. South Carolina's participation in the compact does not include the administration of Medicare (42 U.S.C. 1395 et seq.) unless the General Assembly takes action that specifically authorizes inclusion of the Medicare program in the compact." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campbell Cleary Coleman Courson Cromer Davis Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Knotts Land Leventis Lourie Malloy Martin, Larry Martin, Shane Massey Matthews McGill O'Dell Peeler Pinckney Reese Rose Ryberg Scott Setzler Shoopman Verdin Williams
Bright
The amendment was adopted.
There being no further amendments, the question then was the third reading of the Bill.
Senator LEVENTIS spoke on the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bright Bryant Campbell Cleary Courson Cromer Davis Fair Gregory Grooms Hayes Knotts Martin, Larry Martin, Shane Massey O'Dell Peeler Reese Rose Ryberg Setzler Shoopman Verdin
Coleman Elliott Ford Hutto Jackson Land Leventis Malloy Matthews McGill Pinckney Scott Williams
The Bill was read the third time, passed and ordered sent to the House of Representatives.
At 5:41 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 11:00 A.M.
Senator BRIGHT desired to be recorded as voting against the motion to adjourn.
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