Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 the words from the Book of Ecclesiastes, Chapter 1 (v.4):
"One generation passeth away
and another generation cometh
But the earth abideth forever."
Let us pray.
O God, Who made us and brought our nation to this point in history when we are the greatest on the face of the earth, help us to commemorate another Memorial Day in humility and thankfulness.
As we look back, we see that this Twentieth Century, our century, is the bloodiest in the history of mankind.
Yet, You have permitted us to enjoy more progress in science and knowledge than mankind has known in any single century of all of history.
You have given us the Commandments and the Gospel of Love, yet we have not learned how to live together as brothers and sisters in peace.
As we face the future, God help us!
Amen.
Senator ANDERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courson Drummond Fair Giese Gregory Hayes Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Ravenel Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Washington Williams Wilson
Senators COURTNEY, ELLIOTT, FORD, RANKIN, REESE, RUSSELL and WALDREP recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator WASHINGTON introduced Dr. Thaddeus Bell of Charleston, S.C., Doctor of the Day.
Senator PATTERSON rose to a Point of Personal Privilege.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
On motion of Senator DRUMMOND, with unanimous consent, H. 3064 was ordered to receive a third reading on Wednesday, May 28, 1997.
S. 707 (Word version) -- Senator McGill: A BILL TO AMEND CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF FISH, BY ADDING SECTION 50-13-390, SO AS TO PROHIBIT FISHING FROM PUBLIC ROADS WHICH ABUT LANDS THAT ARE POSTED AGAINST TRESPASSING OR FISHING; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Senator McGILL asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
On motion of Senator McGILL, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 3837 (Word version) -- Reps. Stille, Parks, Carnell and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME A SECTION OF S. C. HWY. 72 IN ABBEVILLE COUNTY IN HONOR OF CHARLES L. POWELL AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
Senator O'DELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator O'DELL, with unanimous consent, the Resolution was ordered placed on the Calendar.
H. 3275 (Word version) -- Reps. Klauber, Seithel, Sharpe, Simrill, Knotts, Fleming, Miller, Whatley, Robinson, Trotter, Hawkins, Sandifer, Bauer, R. Smith, Woodrum, Limbaugh, Young, Haskins, Wilder, D. Smith, Webb, Barrett, Witherspoon, Harrell, Leach, Young-Brickell, Kelley, Rodgers and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS; AND TO REPEAL CHAPTER 9 OF TITLE 24 RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM.
Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, the Bill was ordered placed on the Calendar.
The following were introduced:
S. 787 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES WHEREBY A SURVIVING SPOUSE OF A DECEASED DISABLED VETERAN OR SERVICEMAN KILLED IN ACTION QUALIFIES FOR THE EXEMPTION ALLOWED FOR THE DWELLING HOUSE OF SUCH A VETERAN OR SERVICEMAN OR HIS SURVIVING SPOUSE.
Read the first time and referred to the Committee on Finance.
S. 788 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Read the first time and referred to the General Committee.
S. 789 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXTEND THE SENATE'S HEARTIEST AND HEARTFELT CONGRATULATIONS AND BEST WISHES FOR THE FUTURE TO MARGIE PLUNKETT, LONG-TIME TREASURER OF AIKEN COUNTY, UPON THE OCCASION OF HER RETIREMENT.
The Senate Resolution was adopted.
H. 4101 (Word version) -- Reps. Edge, Kelley, Keegan, Witherspoon and Barfield: A BILL TO AMEND ACT 287 OF 1989, RELATING TO THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT BEGINNING IN 1998, THE CHAIRMAN OF THE BOARD SHALL CONSTITUTE A TWELFTH SEPARATE SEAT ON THE BOARD, AND THE CHAIRMAN SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THE COUNTY AT LARGE.
Read the first time and ordered placed on the local and uncontested Calendar.
H. 4189 (Word version) -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar.
H. 4190 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
Senator SETZLER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
Senator SETZLER asked unanimous consent to place the Resolution on the Calendar for consideration tomorrow.
There was no objection.
H. 4191 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
Senator SETZLER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
Senator SETZLER asked unanimous consent to place the Resolution on the Calendar for consideration tomorrow.
There was no objection.
H. 4208 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL "LADY DOGS" TRACK AND FIELD TEAM OF AIKEN COUNTY ON WINNING THE 1997 CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4209 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MIDLAND VALLEY HIGH SCHOOL "MUSTANGS" BASEBALL TEAM OF AIKEN COUNTY ON WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4214 (Word version) -- Reps. Stille, Carnell, Parks and Townsend: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND COACHES OF THE ABBEVILLE HIGH SCHOOL PANTHERS BOYS TRACK TEAM ON BEING 1997 STATE AA TRACK CHAMPIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4222 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ARNOLD S. GOODSTEIN, II OF DORCHESTER COUNTY ON WINNING THE STATE PTO OVERALL REFLECTIONS LITERATURE COMPETITION SPONSORED BY THE NATIONAL PARENT TEACHER ORGANIZATION AND TO WISH HIM WELL AS HE CONTINUES TO DISTINGUISH HIMSELF IN HIS SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4223 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RANDY BLACKWELL ON RECEIVING THE 1997 SOUTH CAROLINA AMBASSADOR FOR ECONOMIC DEVELOPMENT AWARD FOR CLARENDON COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 659 (Word version) -- Senators Courtney, Bryan, Alexander, Washington, Wilson, Elliott, Ford, Glover, Hayes, Lander, McConnell, Mescher, O'Dell, Rankin, Ravenel, Reese, Rose, Russell, Saleeby and J. Verne Smith: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 773 favorable:
S. 773 (Word version) -- Senator Courson: A SENATE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE SENATE CHAMBER ON THURSDAY, NOVEMBER 6, 1997, AND FRIDAY, NOVEMBER 7, 1997, FOR ITS ANNUAL MEETING.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington
Rose
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable with amendment and Senator REESE a minority unfavorable report on:
H. 3695 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3756 (Word version) -- Reps. Limehouse, Bailey, Battle, Bauer, Bowers, J. Brown, T. Brown, Campsen, Canty, Chellis, Dantzler, Delleney, Edge, Gamble, Gourdine, Harrell, Hinson, Hodges, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Leach, Mason, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Pinckney, Rhoad, Rice, Rodgers, Scott, Seithel, Sharpe, Sheheen, F. Smith, Spearman, Stille, Stuart, Tripp, Walker, Whatley, Whipper and Witherspoon: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO REQUIRE THAT BLACK SEA BASS BE PROCESSED, MARKETED, AND SOLD WITH THE HEAD AND TAIL FINS INTACT.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Medical Affairs has polled out H. 3771 favorable: H. 3771 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 44-2-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND SO AS TO CLARIFY THAT THE SUPERB FINANCIAL RESPONSIBILITY FUND CAN PAY CLAIMS DIRECTLY, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S INTERVENTION COSTS NOT AFFECT THE PER OCCURRENCE COVERAGE AMOUNTS, AND TO CLARIFY THAT, AS ACCOUNT AND FUND ADMINISTRATORS, THE STATE AND DEPARTMENT DO NOT ASSUME ADDITIONAL LIABILITY WHEN FUNDING IS INSUFFICIENT; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO UNDERGROUND STORAGE TANK REQUIREMENTS SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS, TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO REQUIRE AN ANNUAL REGISTRATION FEE FOR REGULATED TANKS, TO AUTHORIZE THE DEPARTMENT TO ASSESS PENALTIES FOR LATE FEES AND TO PROHIBIT THE DEPARTMENT FROM DISBURSING MONIES FROM THE SUPERB ACCOUNT OR SUPERB FINANCIAL RESPONSIBILITY FUND TO OWNERS OR OPERATORS WHO OWE FEES OR PENALTIES; TO AMEND SECTION 44-2-80, AS AMENDED, RELATING TO RELEASE OF REGULATED SUBSTANCES, SO AS TO CLARIFY THAT ANY LENDER LIABILITY EXEMPTION IS EXTENDED ONLY TO OWNERS OF PETROLEUM PRODUCT TANKS; AND TO AMEND SECTION 44-2-140, RELATING TO ENFORCEMENT OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ENFORCE THE ACT AND TO AUTHORIZE THE DEPARTMENT TO SUSPEND THE DISPENSING OF A PETROLEUM PRODUCT FROM TANKS THAT POSE AN IMMINENT HAZARD.
Moore J. Verne Smith Peeler Bryan Courson Giese Washington Hayes Cork Ford Short Alexander Fair Hutto
Thomas Rose Jackson
Ordered for consideration tomorrow.
Columbia, S.C., May 27, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 559 (Word version) -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
asks for a Committee of Conference, and has appointed Reps. Townsend, J. Hines and Walker of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators SETZLER, BRYAN and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 359 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 35, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS INCLUDING TO FURTHER PROVIDE FOR NURSING HOME REPRESENTATION ON THE BOARD AND TO REVISE TIME FRAMES FOR REINSTATING LAPSED LICENSES.
The House returned the Bill with amendments.
On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 458 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD NEW DEFINITIONS; TO AMEND SECTION 38-71-940, AS AMENDED, RELATING TO PREMIUM RATES AND RATING FACTORS FOR HEALTH INSURANCE PLANS AND THE PROHIBITION OF INVOLUNTARY BUSINESS CLASS TRANSFER, SO AS TO USE AN INDEX RATE VERSUS AN ACTUARIAL BASE RATE AS A MEASURE OF THE "AVERAGE RATE", TO STRENGTHEN ACTUARIAL CERTIFICATION REQUIREMENTS, TO ALLOW RATE VARIATION FROM THE INDEX RATE, TO LIMIT THE INDEX RATE VARIATION FOR A CLASS OF BUSINESS, TO CHANGE THE PROVISIONS FOR PREMIUM RATE INCREASES TO ALLOW AN ANNUAL ADJUSTMENT DUE TO CLAIM EXPERIENCE, HEALTH STATUS, OR DURATION OF COVERAGE, TO ADD GROUP SIZE AS A CASE CHARACTERISTIC AND DELETE IT AS MEANS OF CREATING A CLASS OF NEW BUSINESS; AND TO AMEND SECTION 38-71-960, AS AMENDED, RELATING TO DISCLOSURE TO SMALL EMPLOYERS IN SOLICITATION AND SALES MATERIAL FOR HEALTH INSURANCE, SO AS TO EXPAND INFORMATION REQUIRED TO BE DISCLOSED.
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
On motion of Senator SETZLER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4055 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2177, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3554 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO CLARIFY THE CIRCUMSTANCES FOR EXEMPTION OF TANGIBLE PERSONAL PROPERTY PURCHASED PURSUANT TO A CONTRACT WITH THE FEDERAL GOVERNMENT. H. 3556 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-54-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME LIMITS FOR ASSESSMENT OF TAXES, SO AS TO DELETE REFERENCES TO FEES AND TO CLARIFY THE TIME LIMIT FOR FILING A CLAIM FOR CREDIT OR REFUND.
H. 3557 (Word version) -- Reps. Wilkins and H. Brown: A BILL TO AMEND SECTION 6-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCOMMODATIONS TAX OVERSIGHT COMMITTEE, SO AS TO ELIMINATE THE COMMITTEE AND DEVOLVE ITS OVERSIGHT FUNCTION ON THE DEPARTMENT OF REVENUE AND TO DEVOLVE THE REPORTING REQUIREMENT ON THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
H. 3859 (Word version) -- Reps. Robinson, Altman, Campsen, McMaster, Harrison, Riser and Delleney: A BILL TO AMEND SECTION 12-2-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLYING TO LIMITED LIABILITY COMPANIES, SO AS TO EXCLUDE SINGLE-MEMBER LIABILITY COMPANIES AND GRANTOR TRUSTS FROM ALL STATE TAX LIABILITY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33-44-201, RELATING TO LIMITED LIABILITY COMPANIES AS LEGAL ENTITIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES; TO AMEND SECTION 33-44-1001, RELATING TO CHOICE OF LAW ISSUES FOR LIMITED LIABILITY COMPANIES, SO AS TO EXCEPT CERTAIN SINGLE-MEMBER LIMITED LIABILITY COMPANIES.
H. 4048 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO REPEAL OF OBSOLETE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4054 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bills were read the third time and ordered returned to the House with amendments: H. 3240 (Word version) -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
H. 3461 (Word version) -- Reps. McMahand, F. Smith, Sheheen, Allison, Breeland, Spearman, Littlejohn, Lee, Stoddard and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-545 SO AS TO AUTHORIZE PARENTS AND OTHER ADULT SCHOOL VOLUNTEERS TO RIDE SCHOOL BUSES ON A SPACE AVAILABLE BASIS IN CONJUNCTION WITH THEIR VOLUNTEER SCHOOL ACTIVITIES UNDER CERTAIN CONDITIONS.
H. 3802 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO EXCEPT A DISCLOSURE MADE TO A STATE OR FEDERAL LEVEL GOVERNMENT OFFICIAL ELECTED FROM THE STATE OF SOUTH CAROLINA FROM WHOM THE TAXPAYER HAS SOUGHT ASSISTANCE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (JIC\6150HTC.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-54-240(B)(12) of the 1976 Code, as added by Act 361 of 1992, is amended to read:
/(12) disclosure to any state agency, county auditor, or county assessor of whether a resident or nonresident tax return was filed by any particular taxpayer to the South Carolina Department of Natural Resources./
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
S. 410 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 8-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SALARY SUPPLEMENTS FOR COUNTY OFFICERS, SO AS TO INCLUDE CORONERS AMONG THOSE OFFICERS RECEIVING THE SUPPLEMENT.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators BRYAN and HAYES proposed the following amendment (JUD0410.005), which was adopted:
Amend the bill, as and if amended, page 2, line 13, in SECTION 2, by striking /1997/ and inserting therein /1998/
Amend title to conform.
The amendment was adopted.
Senator BRYAN proposed the following amendment (JUD0410.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 17-5-45. (A) The General Assembly annually shall appropriate salary supplements for coroners. The supplement shall be one thousand five hundred seventy-five dollars per coroner or ten percent of the respective coroner's salary, whichever is less.
(B) The amounts appropriated for salary supplements pursuant to subsection (A) must include both salary and related employers' contributions and are in addition to amounts provided as compensation for the coroners by counties. To the extent that compensation for the coroner is reduced by a county or there is any other reduction of expenditures in the operation of the office, a corresponding reduction must be made in the distribution otherwise due the county pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act.
(C) Amounts appropriated pursuant to this section must be paid to county treasurers in a lump sum at the beginning of the fiscal year and paid to the coroners over a twelve-month period in the same manner that salaries are paid county employees."
SECTION 2. This act takes effect July 1, 1998./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills and Joint Resolutions having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 785 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
H. 4106 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO APPLICATION FOR LICENSE; EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
H. 4056 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2167, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3708 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
H. 3059 (Word version) -- Reps. Inabinett, Altman, Lloyd and Moody-Lawrence: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCLUDE SEAFOOD PROCESSING FACILITIES WITHIN THE CLASSIFICATION OF AGRICULTURAL REAL PROPERTY.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 593 (Word version) -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.
Senator McCONNELL explained the Bill.
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Senator PEELER explained the Bill.
S. 567 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Labor, Commerce and Industry proposed the following amendment (KGH\15170AC.97), which was adopted:
Amend the bill, as and if amended, Section 40-13-10(A), page 13, line 38, and Section 40-13-10(B), page 14, line 21, after /Governor/ by inserting /with the advice and consent of the Senate/.
Amend the bill further, Section 40-13-10(A), page 14, by deleting lines 9 and 10 in their entirety.
Amend the bill further, Section 40-13-10(B), page 14, by deleting lines 23 and 24 and inserting /qualify. Terms commence on April first. Vacancies on the committee must be filled in the/.
Amend the bill further, beginning on page 18 by deleting Section 40-13-200 and inserting:
/Section 40-13-200. (A) A person who practices or offers to practice cosmetology in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days or both for a first offense and for a second or subsequent offense may be fined not more than five hundred dollars or imprisoned not more than six months or both.
(B) The board permanently shall revoke the license of a person convicted of or who pleads guilty or nolo contendere to a violation under subsection (A)./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3180 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-17-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITS ON THE AMOUNT OF SHRIMP AUTHORIZED TO BE TAKEN OVER BAIT, SO AS TO IMPOSE CATCH AND POSSESSION LIMITS ON SHRIMP, AND TO REVISE THE PENALTIES FOR VIOLATIONS INCLUDING THE FORFEITURE OF SPECIFIED PERSONAL PROPERTY FOR CERTAIN VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Fish, Game and Forestry proposed the following amendment (3180R002.HSP), which was adopted:
Amend the bill, as and if amended, page 3, by striking lines 27 through 36 and inserting in lieu thereof the following:
/(2) for a second or subsequent offense of possession of any number of quarts of shrimp over the lawful daily catch limit or possession limit is guilty of a misdemeanor and, upon conviction, must be fined two hundred one thousand dollars or imprisoned for not more than thirty days. In addition, The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch must may be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bait must be suspended for two years from the date of conviction. No part of the fines provided in this section may be suspended. Other law notwithstanding, magistrate's court has jurisdiction over second and subsequent offenses./
Amend the bill further, as and if amended, page 4, by striking lines 1 through 7 and inserting in lieu thereof the following:
/(2) For a second or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars or imprisoned for not more than thirty days. The boat, motor, trailer, rigging, coolers, fishing devices, and the entire catch may be seized and forfeited as provided in Section 50-17-650. If the shrimp involved in the violation were caught over bait, his privilege to catch shrimp over bail must be suspended for two years from the date of conviction. Other law notwithstanding, magistrate's court has jurisdiction over second and subsequent offenses./
Amend the bill further, as and if amended, page 4, by striking lines 17 and 18 and inserting in lieu thereof the following:
/(H) No part of the fine or suspension imposed for a violation of this section may be suspended./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 667 (Word version) -- Senator Moore: A BILL TO AMEND ACT 472 OF 1976, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 OF MCCORMICK COUNTY, SO AS TO REQUIRE ALL CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES TO FILE A STATEMENT OF CANDIDACY WITH THE BOARD OF ELECTION AND REGISTRATION NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER 1ST OF THE YEAR IN WHICH THE GENERAL ELECTION IS HELD, AND TO FURTHER REFINE THE PROCEDURE FOR APPOINTMENT OF TRUSTEES IN THE EVENT THAT NO CANDIDATES OFFER IN THE GENERAL ELECTION FOR ANY FULL-TERM VACANCIES ON THE BOARD.
H. 3292 (Word version) -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 31-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REPAIRING, CLOSING, OR DEMOLISHING OF UNFIT DWELLINGS, SO AS TO REVISE THE DEFINITION OF A "MUNICIPALITY";TO AMEND SECTION 31-15-30, RELATING TO MUNICIPAL ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A MUNICIPALITY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS MUNICIPAL TAXES AND THAT IF THE MUNICIPALITY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES; AND TO AMEND SECTION 31-15-330, RELATING TO COUNTY ORDINANCES WITH REGARD TO UNFIT DWELLINGS, SO AS TO PROVIDE THAT COSTS INCURRED BY A COUNTY TO FIX OR REMOVE SUCH DWELLINGS SHALL BE COLLECTIBLE IN THE SAME MANNER AS COUNTY TAXES AND THAT IF THE COUNTY IN DEMOLISHING AN UNFIT DWELLING CONTRACTS WITH A THIRD PARTY TO DO THE WORK, THE WORK MUST BE BID IN CONFORMITY WITH APPLICABLE PROCUREMENT CODES.
Senator ALEXANDER explained the Bill.
S. 780 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO AREA VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2128, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 784 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOMES, PRACTICES IN THE INDUSTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator McCONNELL explained the Resolution.
H. 3340 (Word version) -- Reps. Hawkins, Littlejohn, Altman, Bauer, Simrill, Davenport, McCraw, Trotter, Mullen, Barrett, Hinson, Maddox, Beck, Campsen, Webb, Tripp, Battle, Miller and Pinckney: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF CERTAIN PROPERTY OF THE BELLE W. BARUCH FOUNDATION AS A BIRD AND GAME SANCTUARY, SO AS TO PERMIT EDUCATIONAL AND RESEARCH ACTIVITIES TO BE UNDERTAKEN IN SUCH SANCTUARY NOT ONLY BY THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY BUT ALSO BY ANY OTHER FULLY ACCREDITED, NOT-FOR-PROFIT PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY HEADQUARTERED IN THIS STATE OR UNDERTAKEN UNDER THE SUPERVISION OF SUCH COLLEGE OR UNIVERSITY.
Senator GIESE asked unanimous consent to give the Bill a third reading on Wednesday, May 28, 1997.
Senator LANDER objected to third reading of the Bill.
H. 3137 (Word version) -- Rep. J. Brown: A BILL TO AMEND TITLE 40, CHAPTER 67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH PATHOLOGISTS AND AUDIOLOGISTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO REDUCE THE NUMBER OF BOARD MEMBERS FROM SIX TO FIVE, TO CLARIFY THE DUTIES AND RESPONSIBILITIES OF THE BOARD, TO CLARIFY THE SCOPE OF PRACTICE, TO AUTHORIZE DISPENSING AND FITTING DEVICES TO PROMOTE COMMUNICATION, TO ADD LICENSURE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR BIENNIAL LICENSURE, TO INCREASE FEES, TO REQUIRE CONTINUING EDUCATION, TO CLARIFY EXEMPTIONS FROM THE CHAPTER, AND TO ESTABLISH CRIMINAL PENALTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Labor, Commerce and Industry proposed the following amendment (PSD\7396AC.97), which was adopted:
Amend the bill, as and if amended, Section 40-67-10(C), page 9, by deleting lines 11 and 12 and inserting:
/successor has been appointed and qualifies./
Amend the bill further, Section 40-67-120, page 15, line 5, by deleting / $50,000 / and inserting /one thousand dollars/.
Amend the bill further, Section 40-67-200(A), page 15, by deleting line 41 and on page 16 by deleting lines 1 and 2 and inserting:
/upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both./
Amend the bill further, Section 40-67-200(B), page 16 by deleting lines 5-6 and inserting:
/and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more/
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3207 (Word version) -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD3207.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 61-2-175. (A) Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, or wholesaler's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title.
(B) Any person, corporation, or partnership found by the department to be in violation of subsection (A) of this section shall be issued a notice to cease and desist. Any person, corporation, or partnership who, after receiving a cease and desist order, is found by the department to be in violation of subsection (A) of this section for a second or subsequent occurrence within a two-year period of the first violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed $10,000. This subsection shall not apply to any person, corporation, or partnership who has registered brands for sale with the department pursuant to this title and who has current licenses and who has posted adequate surety bonds as required by this title; however, violations of subsection (A) constitute grounds for the department to take appropriate administrative action against the person, including suspension or cancellation of license and forfeiture of bonds."/
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3286 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 2 OF ACT 387 OF 1996 RELATING TO THE ONE-YEAR PERIOD WITHIN WHICH A PERMANENT WAIVER OF EDUCATIONAL REQUIREMENTS MAY BE GRANTED TO A MASSAGE/BODYWORK THERAPY APPLICANT FOR LICENSURE WHO MEETS CERTAIN OTHER REQUIREMENTS, SO AS TO REVISE THE AMOUNT OF TIME REQUIRED IN PROFESSIONAL PRACTICE AS A THERAPIST FROM FOUR YEARS TO ONE YEAR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Labor, Commerce and Industry proposed the following amendment (KGH\15173AC.97), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION _____. Section 40-30-40(C) of the 1976 Code, as last amended by Act 387, of 1996, is further amended to read:
"(C) Members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the advisory panel must be filled in the manner of the original appointment for the remainder of the unexpired term."
SECTION _____. Section 40-30-40 of the 1976 Code, as last amended by Act 387 of 1996, is further amended by adding at the end:
"(E) Members of the advisory panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided for in Section 40-1-50."
SECTION _____. Section 40-30-65(C) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(C) Members serve a term of two years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the disciplinary panel must be filled in the manner of the original appointment for the remainder of the unexpired term."
SECTION _____. Section 40-30-65(E) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(E) Members of the disciplinary panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the disciplinary panel. Compensation and reimbursements paid to disciplinary panel members under this subsection must be paid as an expense of the disciplinary panel in the administration of this chapter for in Section 40-1-50."
SECTION _____. The professional members initially appointed to the advisory panel authorized in Section 40-30-40 of the 1976 Code and to the disciplinary panel authorized in Section 40-30-65 of the 1976 Code may serve without being licensed to practice massage/bodywork therapy in South Carolina at the time of the appointments if these members meet the other qualifications prescribed; however, these members must obtain a license to practice massage/bodywork therapy in South Carolina before January 1, 1998. If a member initially appointed to the advisory panel or disciplinary panel does not obtain a South Carolina license for the practice of massage/bodywork therapy before January 1, 1998, the appointment is vacated, and another member must be appointed to fill the vacancy./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
Senator SETZLER objected.
The following Bills were carried over:
H. 3605 (Word version) -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
On motion of Senator RAVENEL, the Bill was carried over.
H. 3594 (Word version) -- Reps. Chellis, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Boan, Bowers, H. Brown, J. Brown, T. Brown, Campsen, Cato, Cave, Cobb-Hunter, Cooper, Dantzler, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limbaugh, Limehouse, Lloyd, Loftis, Maddox, Martin, Mason, McCraw, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES, AUDITS, EVALUATIONS, AND REPORTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ANNUAL SCHOOL DISTRICT PROGRAMMATIC REPORTS TO THE PARENTS AND CONSTITUENTS OF THE DISTRICT MUST BE PROVIDED ON DECEMBER FIRST OF EACH YEAR RATHER THAN NOVEMBER FIFTEENTH.
On motion of Senator McCONNELL, the Bill was carried over.
H. 3553 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION.
Senator PASSAILAIGUE explained the Bill.
On motion of Senator MOORE, the Bill was carried over.
H. 3551 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR CALCULATION OF THE PROPERTY TAX EXEMPTION USING THE LOWER OF THE SCHOOL OPERATING MILLAGE IMPOSED FOR TAX YEAR 1995 OR FOR THE CURRENT TAX YEAR; TO AMEND SECTION 12-37-750, RELATING TO THE ASSESSMENT AND COLLECTION OF PROPERTY NOT RETURNED, SO AS TO INCLUDE BUSINESS PERSONAL RETURNS FILED WITH THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE EQUALIZATION AND ASSESSMENT OF PROPERTY, SO AS TO PROVIDE A REVISED FORMULA FOR CALCULATION OF FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO LEVY AND EXECUTION BY DISTRESS AND SALE OF PROPERTY TO SATISFY DELINQUENT COUNTY TAXES, SO AS TO PROVIDE COUNTIES THE ALTERNATIVE COLLECTION PROCEDURES PROVIDED FOR IN CHAPTER 56, TITLE 12; AND TO AMEND SECTION 12-60-2150, RELATING TO THE RIGHT OF A CONTESTED HEARING IN REFUND DETERMINATIONS, SO AS TO REPLACE "COUNTY ASSESSOR" WITH "LOCAL GOVERNING BODY".
On motion of Senator McCONNELL, the Bill was carried over.
H. 3550 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW EXAMINATION OF INFORMATION BY PERSONS CONTRACTED WITH FOR AUDIT OF STATEWIDE FINANCIAL STATEMENTS OR COLLECTION OF DELINQUENT TAXES, AND TO SUBSTITUTE "DEPARTMENT" FOR "COMMISSION".
On motion of Senator MOORE, the Bill was carried over.
H. 3626 (Word version) -- Rep. Harrell: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO ENACT THE TOURISM INFRASTRUCTURE TAX ACT AND WHICH PROVIDES THAT A PORTION OF ADMISSIONS TAXES PAID TO CERTAIN TOURISM AND RECREATION FACILITIES MAY BE USED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, PROVIDES FOR THE FUND INTO WHICH THESE REVENUES MUST BE DEPOSITED AND THE USES TO WHICH THEY MAY BE PUT FOR THE ADMINISTRATION AND DURATION OF THE PROGRAM, AND FOR THOSE FACILITIES ELIGIBLE TO PARTICIPATE; AND TO REPEAL SECTION 12-21-2423, RELATING TO A SIMILAR USE OF A PORTION OF ADMISSIONS TAX REVENUES.
On motion of Senator McCONNELL, the Bill was carried over.
H. 3637 (Word version) -- Reps. R. Smith, Mason, Sharpe, Clyburn, Beck, Felder, Kelley and Spearman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".
On motion of Senator LEATHERMAN, the Bill was carried over.
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following amendment (3823R002.JCL), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/SECTION . The 1976 Code is amended by adding:
"Section 56-1-175. (A) The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:
(1) held a beginner's permit for at least ninety days;
(2) passed a driver's education course as defined in subsection (D);
(3) passed successfully the road tests or other requirements the department may prescribe; and
(4) satisfied the school attendance requirement contained in Section 56-1-176.
(B) A provisional driver's license is valid only in the operation of:
(1) vehicles during daylight hours. During nighttime hours, but no later than midnight and no earlier than six a.m., the holder of a provisional driver's license must be accompanied by a licensed adult, twenty-one years of age or older;
(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.
(C) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.
(D) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.
(E) For purposes of issuing a provisional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."
SECTION . The 1976 Code is amended by adding:
"Section 56-1-176. (A) School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:
(1) has a high school diploma or certificate, or a General Education Development Certificate; or
(2) is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."
SECTION . The 1976 Code is amended by adding:
"Section 56-23-87. A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."
SECTION . Section 56-1-30(4) of the 1976 Code is amended to read:
"(4) Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."
SECTION . Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:
"(1) who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen-year old who is licensed to drive pursuant to Section 56-1-175 if the driver has not been convicted of point-assessable traffic offenses posted to his driver's record after one year from the date of the issuance of the provisional license. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"
SECTION . Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:
"Section 56-1-50. (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.
(B) The permit is valid only in the operation of:
(1) vehicles during the daylight hours;
(2) motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.
(D) A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.
(E) The following persons are not required to obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and
(2) Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.
(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.
(G) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."
SECTION . Section 56-1-130 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-130. (A) The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such further physical and mental examination as it deems necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.
(B) No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.
(C) A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.
A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."
SECTION . Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:
"Section 56-1-180. (A) The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.
(B) The special restricted driver's license is valid only under the following conditions in the operation of:
(1) in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, no later than midnight and no earlier than six a.m., the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. This restriction may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:
(a) employment or the opportunity for employment;
(b) travel between the licensee's home and place of employment or school; or
(c) travel between the licensee's home or place of employment and vocational training;
(2) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.
(D) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."
SECTION . Section 56-1-185 of the 1976 Code is amended to read:
"Section 56-1-185. (A) Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.
(B) A person while operating a motor vehicle under a beginner's permit, provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."
SECTION . This act takes effect upon approval by the Governor and applies to a person applying for a beginner's permit, provisional or restricted driver's license or regular motor vehicle driver's license after December 31, 1997. A person, who upon the effective date of this act, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on December 31, 1997. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise affect his driving privilege.
SECTION . The State Law Enforcement Division must submit the BAC Datamaster to a facility with expertise in breath alcohol testing so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the test to the General Assembly by January 1, 1998./
Amend title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators COURTNEY and HUTTO proposed the following amendment (JUD3823.001), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth fourth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth fourth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation Public Safety to operate a motor vehicle except as provided in Section 56-1-385."
SECTION . The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, then the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) the person must not have been convicted of an alcohol or drug violation during the previous seven-year period;
(2) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.
(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.
(D) Before a person may have his driver's license reinstated under this section he must:
(1) pay a fifty dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article."/.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HAYES asked unanimous consent to carry over the Bill as amended.
There was no objection.
H. 3379 (Word version) -- Rep. Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM INDICATING HIMSELF AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator BRYAN proposed the following amendment (JUD3379.001):
Amend the bill, as and if amended, page 5, line 15, by inserting:
/Section 35-6-110. For purposes of Section 62-2-202, transfers under this chapter are part of the probate estate." /
Amend title to conform.
Senator BRYAN explained the amendment.
On motion of Senator BRYAN, the Bill was carried over.
H. 3419 (Word version) -- Reps. Cobb-Hunter, R. Smith, Harrell, Kennedy and Harvin: A BILL TO AMEND SECTIONS 59-127-310, 59-127-320, 59-127-400, 59-127-440, AND 59-127-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL OBLIGATION BONDS OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO DEFINE "NET ATHLETIC REVENUES" AND ADD THESE REVENUES TO THOSE REVENUE SERVICES PREVIOUSLY AVAILABLE FOR DEBT SERVICE ON THESE BONDS, TO REMOVE THE THREE MILLION DOLLAR OUTSTANDING DEBT LIMIT FOR THESE BONDS, TO AUTHORIZE BOND PROCEEDS TO BE USED FOR ACQUIRING, CONSTRUCTING, RECONSTRUCTING, RENOVATING, OR EQUIPPING ATHLETIC FACILITIES, AND TO REFUND PREVIOUSLY ISSUED BONDS, AND TO DELETE PROVISIONS RELATING TO ADVERTISING OF ISSUES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (3419R001.GFM):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/ SECTION . Section 59-121-30 of the 1976 Code is amended to read:
"Section 59-121-30. The General Assembly shall hold an election to fill vacancies occurring due to expiration of terms no earlier than the first day of April of the year the term expires and as necessary to fill unexpired terms which are caused by the death, resignation, or removal of a trustee, except that vacancies of unexpired terms of members elected by the Association of Citadel Men shall be filled in the same manner as is provided for by Section 59-121-10. No elective member shall be elected or re-elected either by the General Assembly or by the Association of Citadel Men to fill any term of office the duration of which shall extend beyond the member's seventy-fifth birthday." /
Amend title to conform.
Senator GIESE objected to further consideration of the Bill.
H. 3669 (Word version) -- Reps. R. Smith, Wilkins, Boan, Harrell, Cobb-Hunter, Harvin, Webb, Jennings, Riser, Sharpe, Cromer, Felder, Cato, H. Brown and Witherspoon: A BILL TO AMEND CHAPTER 119, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 9, PROVIDING FOR CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (3669R001.GFM):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/ SECTION . Section 59-121-30 of the 1976 Code is amended to read:
"Section 59-121-30. The General Assembly shall hold an election to fill vacancies occurring due to expiration of terms no earlier than the first day of April of the year the term expires and as necessary to fill unexpired terms which are caused by the death, resignation, or removal of a trustee, except that vacancies of unexpired terms of members elected by the Association of Citadel Men shall be filled in the same manner as is provided for by Section 59-121-10. No elective member shall be elected or re-elected either by the General Assembly or by the Association of Citadel Men to fill any term of office the duration of which shall extend beyond the member's seventy-fifth birthday." /
Amend title to conform.
Senator GIESE objected to further consideration of the Bill.
H. 3919 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND moved to adjourn debate on the Bill.
Debate was adjourned on the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator PASSAILAIGUE spoke on the Resolution.
Senator MOORE asked unanimous consent to make a motion to give the Resolution a second reading with notice of general amendments on third reading, leaving the Resolution in the status of Interrupted Debate.
Senator LEATHERMAN objected.
Senator PASSAILAIGUE continued speaking on the Resolution.
Senator PASSAILAIGUE proposed the following Amendment No. 1 (632R001.ELP), which was adopted:
Amend the bill, as and if amended, page 2, after line 8, by adding appropriately numbered new SECTIONS to read:
/SECTION . It is proposed that Section 7, Article VI of the Constitution of this State be amended by adding the following new paragraph at the end:
"Beginning upon the expiration of the term of the Superintendent of Education serving in office on the date of the 2002 general election, the Superintendent of Education must be appointed by the Governor, with the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason."
SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 7, Article VI of the Constitution of this State relating to state constitutional officers be amended so as to delete the Superintendent of Education from the list of state officers which the Constitution requires to be elected and provide that upon the expiration of the term of the Superintendent of Education serving in office on the date of the 2002 general election, the superintendent must be appointed by the Governor, with the advice and consent of the Senate, to serve at his pleasure and to be removable by him for any reason?
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3665 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.
On behalf of the Chairmen's Committee, Senator DRUMMOND moved that the Bill be made a Special Order.
The Bill was made a Special Order.
Senator COURTNEY asked unanimous consent to make a motion that the Bill be made a Special Order.
Senator RYBERG objected.
Senator COURTNEY moved that the Bill be made a Special Order.
By a division vote of 26-4, the Bill was made a Special Order.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Joseph R. Young of Charleston, S.C.
At 1:24 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
* * *
This web page was last updated on Monday, June 29, 2009 at 10:47 A.M.