Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words of encouragement from the Prophet Isaiah, Chapter 12 (v. 3):
"With joy you will draw water from the wells of salvation. And you
will say in that day: 'Give thanks to the Lord, call upon His Name;
make known His deeds among the nations'...''
Let us pray.
Dear Lord, we are grateful for the good tidings of healing of the body of Your servant, Vincent George Caggiano, father of our faithful and beloved Clerk, Frank. Bless the doctors and staff. Use them as instruments of Your grace for his continuing recovery, we pray.
As we engage today in the struggle with the many forces in our corporate life, provide us an arsenal of spiritual power that we may validate the truth of what Isaiah meant when he said many centuries ago,
"With joy you will draw water from the wells of salvation."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
S. 518 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
On motion of Senator REESE, with unanimous consent, the name of Senator REESE was added as a co-sponsor of the Bill.
S. 519 (Word version) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory and Peeler: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
On motion of Senator REESE, with unanimous consent, the name of Senator REESE was added as a co-sponsor of the Bill.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The following was received:
Document No. 2412
Agency: Department of Labor, Licensing and Regulation - Office of Amusement Ride Safety
SUBJECT: Amusement Ride Safety
Received by Lieutenant Governor January 28, 1999
Referred to Labor, Commerce and Industry Committee
January 28, 1999 Referred to House Labor, Commerce and Industry Committee
February 9, 1999 Referred to Senate Labor, Commerce and Industry Committee
February 26, 1999 Senate Labor, Commerce and Industry Committee Requested Withdrawal
120 Day Period Tolled
March 2, 1999 Permanently Withdrawn
The following was received:
Document No. 2326
Agency: Department of Labor, Licensing and Regulation - Board of Chiropractic Examiners
SUBJECT: Examinations, Licenses, Testing, Records, Certification, Chiropractor/Patient Relationship
Received by Lieutenant Governor January 12, 1999
Referred to Medical Affairs Committee
Legislative Review Expiration May 16, 1999
January 12, 1999 Referred to House Medical, Military and Municipal Affairs Committee
January 13, 1999 Referred to Senate Medical Affairs Committee
February 25, 1999 House Medical, Military and Municipal Affairs Committee Requested Withdrawal
120 Day Period Tolled
March 2, 1999 Withdrawn and Resubmitted
Senator J. VERNE SMITH introduced Dr. Harold "Hal" Shaw of Greenville, S.C., Doctor of the Day.
The following were introduced:
S. 551 (Word version) -- Senator Land: A SENATE RESOLUTION TO COMMEND MR. FERDINAND PEARSON OF CLARENDON COUNTY ON THE OCCASION OF THE FORTIETH ANNIVERSARY CELEBRATION OF THE MANNING BRANCH OF THE NAACP ON MARCH 6, 1999, AND TO RECOGNIZE HIS CONTRIBUTIONS AS A CHARTER MEMBER OF THE MANNING BRANCH OF THE NAACP.
The Senate Resolution was adopted.
S. 552 (Word version) -- Senator Land: A SENATE RESOLUTION TO COMMEND MR. THELMAR BETHUNE OF CLARENDON COUNTY ON THE OCCASION OF THE FORTIETH ANNIVERSARY CELEBRATION OF THE MANNING BRANCH OF THE NAACP ON MARCH 6, 1999, AND TO RECOGNIZE MR. BETHUNE'S CONTRIBUTIONS TO THE MANNING BRANCH OF THE NAACP AND HIS OTHER LEADERSHIP ROLES IN CLARENDON COUNTY.
The Senate Resolution was adopted.
S. 553 (Word version) -- Senator Land: A SENATE RESOLUTION TO COMMEND THE HONORABLE REUBEN B. CLARK OF CLARENDON COUNTY FOR HIS WORK IN ESTABLISHING THE MANNING BRANCH OF THE NAACP, WHICH WILL CELEBRATE ITS FORTIETH ANNIVERSARY ON MARCH 6, 1999, AND TO RECOGNIZE HIS CONTRIBUTIONS AS A LEADER IN CLARENDON COUNTY.
The Senate Resolution was adopted.
S. 554 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-60-1760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A COUNTY MUST PAY REASONABLE ATTORNEY'S FEES, EXPENSES, DAMAGES, AND COSTS RESULTING FROM DEFENDING AN ACTION BROUGHT AGAINST A COUNTY OFFICER FOR PERFORMING A DUTY IMPOSED ON HIM BY TITLE 12 IF THE PLAINTIFF PREVAILS IN THE ACTION AND IT AFFECTS THE INTEREST OF THE COUNTY, SO AS TO DELETE THE REQUIREMENT THAT THE DUTY WAS IMPOSED BY TITLE 12 AND THE REQUIREMENT THAT THE PLAINTIFF MUST PREVAIL AND IT MUST AFFECT THE INTEREST OF THE COUNTY.
Read the first time and referred to the Committee on Finance.
S. 555 (Word version) -- Senator Reese: A BILL TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE IN THE SELECTED RESERVE OF ANY OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES TO BE ESTABLISHED, TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE, AND TO PROVIDE THAT THE NATIONAL GUARD AND RESERVE SERVICE MUST BE ESTABLISHED IN THE SAME MANNER THAT NONMEMBER SERVICE IS ESTABLISHED.
Read the first time and referred to the Committee on Finance.
S. 556 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO REDUCE FROM TEN YEARS TO FIVE YEARS THE STATE-COVERED ENTITY SERVICE REQUIRED FOR A RETIREE TO REMAIN IN THE INSURANCE PLAN UPON RETIREMENT.
Read the first time and referred to the Committee on Finance.
S. 557 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999, AS "READ ACROSS AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.
Whereas, the State of South Carolina has committed itself to a course of raising academic standards for all students; and
Whereas, the citizens of the State of South Carolina stand firmly committed to promoting reading as a catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and
Whereas, the General Assembly has provided significant leadership in the area of education reform, grounded in the principle that educational investment is key to the state's well-being and long-term quality of life; and
Whereas, "Read Across America", a national celebration of Dr. Suess's birthday on March 2, promotes reading and adult involvement in the education of our students; and
Whereas, "Read Across America" is a project of great merit and is highly deserving of enthusiastic support. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, designate Tuesday, March 2, 1999, as "Read Across America Day" in South Carolina, urge every citizen in the Palmetto State to ensure that every child is read to by a caring adult at least once on that day, and rededicate this State to efforts which engage in programs and activities to place South Carolina's children among the best readers in the nation.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 558 (Word version) -- Senators Elliott, Waldrep, Glover, Ford, Holland and Saleeby: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO PROVIDE FOR THE SOUTH CAROLINA INDIAN AFFAIRS COMMISSION, AND TO PROVIDE FOR ITS PURPOSE, MEMBERSHIP, AND DUTIES.
Read the first time and referred to the Committee on Judiciary.
S. 559 (Word version) -- Senator Holland: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
Read the first time and referred to the Committee on Judiciary.
S. 560 (Word version) -- Senator Alexander: A BILL TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 561 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.
Read the first time and referred to the Committee on Transportation.
S. 562 (Word version) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Senator MOORE spoke on the Bill.
Read the first time and on motion of Senator MOORE, with unanimous consent, ordered placed on the Calendar without reference.
S. 563 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF HERMAN CHARLES SHEALY, SR. OF MCCORMICK AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
S. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.
Senator COURSON spoke on the Bill.
Read the first time and, on motion of Senator COURSON, with unanimous consent, ordered placed on the local and uncontested Calendar.
H. 3345 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF ANTLERLESS DEER, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE INDIVIDUAL TAGS FOR TAKING ANTLERLESS DEER STATEWIDE EXCEPT ON PROPERTIES RECEIVING ANTLERLESS DEER QUOTA PERMITS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3623 (Word version) -- Reps. J. Brown, Howard and Neal: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND DOCTOR WESTBERRY HOMER NEAL OF RICHLAND COUNTY FOR HIS MORE THAN HALF CENTURY OF FAITHFUL SERVICE AS A PASTOR, DEDICATED EDUCATOR, AND LIFE-LONG HUMANITARIAN, AND CONGRATULATING HIM UPON RECEIVING THE NATIONAL ALUMNI COUNCIL OF THE UNITED NEGRO COLLEGE FUND, INC.'S OUTSTANDING ALUMNUS AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3624 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE PEOPLE, PROGRAMS, AND PARTNERSHIPS THAT ARE MAKING SOUTH CAROLINA'S JUVENILE JUSTICE SYSTEM WORK, ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S JUVENILE JUSTICE WEEK, MARCH 1-7, 1999.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3644 (Word version) -- Reps. Clyburn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING CLARENCE W. DICKERT, DISTRICT SUPERINTENDENT OF EDGEFIELD COUNTY SCHOOLS, ON HIS NOMINATION FOR THE "SOUTH CAROLINA RURAL EDUCATOR OF THE YEAR" AWARD AND HIS APPOINTMENT TO THE STATE BOARD OF EDUCATION, AND COMMENDING HIM FOR HIS PROFESSIONALISM AND HIS DEDICATION TO PUBLIC EDUCATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3645 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999, AS "READ ACROSS AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ-TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.
Whereas, the State of South Carolina has committed itself to a course of raising academic standards for all students; and
Whereas, the citizens of the State of South Carolina stand firmly committed to promoting reading as a catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and
Whereas, the General Assembly has provided significant leadership in the area of education reform, grounded in the principle that educational investment is key to the state's well-being and long-term quality of life; and
Whereas, "Read Across America", a national celebration of Dr. Suess's birthday on March 2, promotes reading and adult involvement in the education of our students; and
Whereas, "Read Across America" is a project of great merit and is highly deserving of enthusiastic support. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates Tuesday, March 2, 1999, as "Read Across America Day" in South Carolina, urges every citizen in the Palmetto State to ensure that every child is read-to by a caring adult at least once on that day, and rededicates this State to efforts which engage in programs and activities to place South Carolina's children among the best readers in the nation.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3660 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO CONGRATULATE DR. ROBERT F. TESTIN OF OCONEE COUNTY ON BEING CHOSEN TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3662 (Word version) -- Reps. Govan, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Stille, Stuart, T. Brown, Taylor, Townsend, Tripp, Trotter, Vaughn, W. McLeod, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION PROUDLY RECOGNIZING AND HEARTILY CONGRATULATING SOUTH CAROLINA NATIVE DR. ROBERT FURCHGOTT ON HIS AWARD OF THE 1998 NOBEL PRIZE FOR MEDICINE DECEMBER 10, 1998, AT CEREMONIES IN STOCKHOLM, SWEDEN.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 177 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE THE "SPIRITUAL" AS THE OFFICIAL MUSIC OF THE STATE.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 277 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING OR PURCHASING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 376 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS FROM LIABILITY FOR GOVERNMENTAL ENTITIES UNDER THE GOVERNMENTAL TORT CLAIMS ACT, SO AS TO EXEMPT COUNTY SHERIFFS' DEPARTMENTS AND MUNICIPAL LAW ENFORCEMENT DEPARTMENTS FROM LIABILITY WHEN ESCORTING FUNERAL PROCESSIONS.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 388 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable report on:
S. 404 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF LITTERING, SO AS TO INCREASE FROM FIVE TO FIFTEEN THE MINIMUM HOURS A PERSON MAY BE REQUIRED TO PERFORM LITTER-GATHERING LABOR OR OTHER FORM OF PUBLIC SERVICE IF CONVICTED OF THE OFFENSE OF LITTERING.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
S. 550 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH 9, 1999, "YORK COUNTY DAY" IN SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 41 (Word version) -- Senator McConnell: A BILL TO AMEND ARTICLE 5, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR BEER AND WINE SALES, BY ADDING SECTION 61-4-630, SO AS TO ALLOW DELIVERY OF BEER OR WINE IN A SEALED CONTAINER BY RETAIL PERMIT HOLDERS IN CERTAIN CIRCUMSTANCES.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
On motion of Senator PEELER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third.
There was no objection.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: A BILL TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.
S. 328 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 27-31-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE PROVISION THAT THE HORIZONTAL PROPERTY REGIME MAY BE WAIVED AND MERGED, SO AS TO PROVIDE THAT IN THE CASE OF NONPROFIT LONG-TERM CARE RETIREMENT OR LIFE CARE FACILITIES WHERE THERE ARE CO-OWNERS, THEN A TWO-THIRDS VOTE, RATHER THAN A UNANIMOUS VOTE, OF THE CO-OWNERS SUFFICES TO WAIVE THE REGIME.
S. 357 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
S. 357 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
On motion of Senator GIESE, with unanimous consent, the name of Senator GIESE was added as a co-sponsor of the Bill.
S. 264 (Word version) -- Senators Peeler and Giese: A BILL TO AMEND ACT 302 OF 1998 RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROVIDING PRODUCTS OR VOUCHERS FOR PRODUCTS FOR THE TREATMENT OF HEAD LICE FOR ELIGIBLE SCHOOL CHILDREN, SO AS TO REQUIRE IMPLEMENTATION OF THE ACT RATHER THAN HAVING IMPLEMENTATION CONTINGENT UPON FUNDING.
Senator PEELER explained the Bill.
S. 539 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-43-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT INSURANCE AGENTS, COUNTERSIGNATURE REQUIREMENT, AND EXCEPTIONS, SO AS TO PROVIDE THAT BUSINESS DONE IN THIS STATE BY INSURERS MUST BE TRANSACTED BY THEIR REGULARLY AUTHORIZED AGENTS LICENSED IN THIS STATE AND TO ELIMINATE THE REQUIREMENT THAT THE AGENTS ACTUALLY RESIDE IN SOUTH CAROLINA, DELETE THE REQUIREMENTS PROVIDING THAT ALL INSURANCE POLICIES, EXCEPT HEALTH AND ACCIDENT AND LIFE INSURANCE POLICIES AND CERTIFICATES ISSUED UNDER GROUP INSURANCE POLICIES, MUST BE PERSONALLY OR MECHANICALLY COUNTERSIGNED ON BEHALF OF THE AGENT, AND DELETE THE PROVISION THAT AN INSURER MAY AMEND OR REPLACE ITS OUTSTANDING POLICIES WITH A NEWLY REVISED POLICY FORM OR NECESSARY ENDORSEMENTS WITHOUT COMPLYING WITH THE COUNTERSIGNATURE REQUIREMENT; TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT OF PERSONAL COUNTERSIGNATURE BY A LICENSED RESIDENT AGENT OF THE SURETY, WITH RESPECT TO THE REQUIRED FILING OF A BOND EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT SURETY INSURANCE IN SOUTH CAROLINA; AND TO REPEAL SECTION 38-87-60 RELATING TO REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS UNDER THE SOUTH CAROLINA INSURANCE LAWS AND THE PROVISION THAT A POLICY OF INSURANCE ISSUED TO A RISK RETENTION GROUP OR ANY MEMBER OF THAT GROUP IS NOT REQUIRED TO BE COUNTERSIGNED AS OTHERWISE PROVIDED IN SECTION 38-43-60.
Senator McCONNELL explained the Bill.
S. 540 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-147 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO LET FOR BIDS ANY AUTOMOBILE LIABILITY REINSURANCE CONTRACT PURSUANT TO SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, UNDER CERTAIN CIRCUMSTANCES.
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington and Reese: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (80R001.EES), which was adopted:
Amend the bill, as and if amended, by striking all after the words, A BILL, and inserting in lieu thereof the following:
/ TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FOURTEEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) Many of South Carolina's urban and rural communities face critical social and economic problems arising in part from people living in poverty because of the lack of economic growth, employment, and other opportunities.
(2) The restoration and maintenance of these communities requires increased access to credit and capital for development activities, including investment in businesses, housing, human development, and other activities that promote the long-term economic and social viability of the community.
(3) Access to credit and capital is essential to unleash the untapped entrepreneurial energy of South Carolina's poorest communities and to empower individuals and communities to become self-sufficient.
(4) Community development financial institutions have the proven ability to identify and respond to community needs for capital, credit, and development services in the absence of, or as a complement to, services provided by other lenders.
(5) Community development corporations have a proven ability to identify and respond to community needs and manage community assets for the purpose of community and economic development on a local level.
(6) For the above reasons, it has determined to enact the provisions of this act as being consistent with public policy objectives of our State, including economic growth, higher employment, and community development.
SECTION 2. Title 34 of the 1976 Code is amended by adding:
Section 34-43-10. (A) There is created a South Carolina Community Economic Development Commission. The commission shall exist for the purpose of certifying entities as community development financial institutions, as defined in Section 34-43-40, and as community development corporations, as defined in Section 34-43-50. The commission also may make grants to community development financial institutions and community development corporations from grant funds made available to it by the General Assembly or from other available funds. The General Assembly may appropriate funds to the commission to be used to make grants to community development financial institutions and community development corporations as authorized in this chapter. The General Assembly also may provide funds in the annual general appropriation act to pay salaries, employee benefits, and administrative expenses of the commission.
(B) In addition to other powers provided for in this chapter, the commission may:
(1) promulgate regulations necessary to carry out its functions;
(2) contract for and accept, for use in carrying out the provisions of this chapter, any grant or contribution of funds from a political subdivision of the State or from another source, and comply, subject to the provisions of this chapter, with the terms and conditions of those contracts; and
(3) do anything necessary or convenient to carry out its powers and functions.
(C) The commission may receive funds from, among other sources, state appropriations and private contributions.
Section 34-43-20. (A) The governing body of the commission consists of the following seven members which must represent the diverse ethnic population of the State:
(1) a chairman, representing a federally-chartered or state-chartered financial institution doing business in this State, who must be appointed by the Governor, with the advice and consent of the Senate;
(2) the Secretary of Commerce, or his designee;
(3) three members from the community economic development field appointed by the Governor, with the advice and consent of the Senate; and
(4) two members representing federally-chartered or state-chartered financial institutions or other business entities doing business in this State, other than the institution represented by the chairman, who must be appointed by the Governor, with the advice and consent of the Senate.
(B) A commission member serves a term of four years and until his successor is appointed and qualifies.
(C) A member who is appointed to fill a vacancy on the commission serves only for the remainder of the unexpired term and until a successor is appointed and qualifies.
(D) The commission ceases to exist on July 1, 2004, unless further authorized by the General Assembly.
Section 34-43-30. (A) Four appointed members of the commission are a quorum. However, the commission may not act on a matter unless at least four members in attendance concur.
(B) The commission determines the times and places of its meetings.
(C) Members of the commission, while serving on business of the commission, shall receive, to the extent funding is available, per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(D) The commission, to the extent funding is available, may employ or contract for staff and consultants it considers necessary to assist in carrying out its duties and responsibilities pursuant to this chapter.
(E) In its internal functions, the commission shall keep proper records of its accounts and follow the procedures of this State governing the purchase of office space, supplies, facilities, materials, equipment, and professional services. The commission must be audited by the State Auditor as provided in Chapter 7 of Title 11.
(F) The commission shall make an annual report on its condition and operations to the General Assembly and the Governor, including the information required to be reported by Section 34-43-80.
Section 34-43-40. (A) The commission may certify an entity as a community development financial institution if it meets the definition provided in subsection (B).
(B) For purposes of this section:
(1) 'Community development financial institution' means an organization that:
(a) has a primary mission of promoting community development through the provision of credit, capital, or development services to small businesses including, but not limited to, the provision of capital access programs, microlending, franchise financing, and guaranty performance bonds;
(b) provides service delivery throughout the State;
(c) maintains, through representation on its governing board, accountability to persons in need of the institution's services;
(d) is not an agent or instrumentality of the United States, or of a state or political subdivision of a state or maintains an affiliate relationship with none of them;
(e) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
(f) provides capital and technical assistance to small and micro businesses;
(g) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at one time or in one transaction. That dollar amount must be adjusted in the manner provided in Section 37-1-109; and
(h) has been certified or recertified previously as a community development financial institution as provided in this chapter.
(2) 'Low-income' means individuals whose income level falls within the eightieth percentile of the mean income for a family of four within this State.
(3) The term 'invest' includes any advance of funds to a community development financial institution whether by purchase of stock or other equity interest or by charitable contribution.
(C) Banks and financial institutions chartered by the State of South Carolina are authorized to invest in community development financial institutions incorporated under the laws of this State, up to a maximum of ten percent of a chartered bank or financial institution's total capital and surplus.
(D) A federally-chartered or state-chartered financial institution holding company may qualify as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of subsection (B).
(E) A community development financial institution is not subject to taxes based upon or measured by income which are levied now or may be levied later by the State.
Section 34-43-50. (A) The commission may certify an entity as a community development corporation if it meets the definition provided in subsection (B).
(B) 'Community development corporation' means a nonprofit corporation that:
(1) is chartered pursuant to Chapter 31, Title 33;
(2) is tax-exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
(4) has activities and decisions initiated, managed, and controlled by the constituents of those local communities;
(5) has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses and producers of affordable housing and jobs in the community served; and
(6) does not provide credit, capital, or other assistance in an amount greater than twenty-five thousand dollars at any time or in one transaction. The commission must adjust that dollar amount as provided in Section 37-1-109.
(7) is not a nonprofit organization which has the sole purpose of providing housing to neighborhoods or technical assistance to other nonprofit organizations.
(C) The commission shall establish and implement criteria for grants made to community development corporations pursuant to Section 34-43-10. The criteria must require that the applicant has demonstrated a capacity to engage in community development projects and has sufficient organizational structure to ensure proper management. However, if the applicant is created after the effective date of this section, the applicant shall present a strategic plan for community development projects and shall show evidence of developing an organizational structure which ensures proper management.
(D) The commission may provide, or contract with an appropriate entity to provide, technical support to assist community development corporations to be successful in developing their organizational capacity and implementing their projects.
(E) The commission shall make an annual report to the General Assembly regarding grants made pursuant to this section. The report required by this subsection may be included with the report required by Section 34-43-30.
Section 34-43-60. (A) Application for certification must be in writing, under oath and in the form prescribed by the commission, and must contain information as the commission may require, including the names and addresses of the partners, officers, directors or trustees, and those principal owners or members as will provide the basis for investigations and findings contemplated by subsection (B). At the time of making the application, the applicant shall pay to the commission a fee for investigating the application, as prescribed by the commission, which will yield sufficient revenue to defray the commission's costs of investigating the applicant.
(B) Upon the filing of the application and payment of the fees, the commission shall investigate the facts concerning the application and the requirements provided for in either Section 34-43-40 or in Section 34-43-50.
Section 34-43-70. (A) Certification of a community development financial institution or a community development corporation expires two years from the date of certification.
(B) Certification of a community development financial institution or a community development corporation may be renewed for additional two-year periods upon application by the institution or corporation and approval by the commission.
(C) The commission may not renew certification of an institution or corporation absent continuous compliance with the provisions of Section 34-43-40 or Section 34-43-50.
(D) The commission may revoke the certification of an institution or corporation upon a finding that the institution or corporation does not comply with the provisions of Section 34-43-40 or Section 34-43-50.
(E) The commission shall serve a notice of intent not to grant certification, intent not to renew certification, or intent to revoke certification upon the institution or corporation with a brief statement of the reasons alleged. The institution or corporation may request a hearing within thirty days of receiving notice by filing a request for a hearing with the commission. The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act.
(F) A taxpayer may not claim the tax credit provided for in Section 12-6-3520 unless the institution or corporation in which the investment is made is certified by the commission at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in Section 12-6-3520 notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
Section 34-43-80. A community development financial institution shall file with the commission, on or before the anniversary date of its certification, an annual report for the preceding calendar year. The report must give information about the financial condition of the institution, and must include balance sheets at the beginning and end of the accounting period, a statement of income and expenses for the period, a reconciliation of surplus with the balance sheets, a schedule of assets used by and useful to the institution to conduct its business, an analysis of charges, size and type of loans, and other activities described in Section 34-43-40(B)(1)(a), and other relevant information in form and detail as prescribed by the commission. The report must be made under oath and be in the form prescribed by the commission. The commission shall make and publish annually an analysis and recapitulation of the reports for inclusion in its annual report to the Governor and General Assembly as provided in Section 34-43-30(F)."
SECTION 3. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3520. (A) A taxpayer may claim as a credit against his state income tax, bank tax, or premium tax liability fifty percent of all amounts invested in a community development financial institution, as defined in Section 34-43-40, or in a community development corporation, as defined in Section 34-43-50.
To qualify for this credit the taxpayer must obtain a certificate from the South Carolina Community Economic Development Commission certifying that the entity into which the funds are invested is a community development financial institution within the meaning of Section 34-43-40 or a community development corporation within the meaning of Section 34-43-50 and certifying that the credit taken or available to that taxpayer will not exceed the aggregate fourteen million dollar limitation of all those credits as provided in subsection (B) when added to the credits previously taken or available to other taxpayers making similar investments.
(B) The total amount of credits allowed pursuant to this section may not exceed, in the aggregate, fourteen million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development financial institutions may not exceed, in the aggregate, ten million dollars for all taxpayers and all taxable years. The total amount of credits allowed for investments in community development corporations may not exceed, in the aggregate, four million dollars for all taxpayers and all taxable years. The credit must be allowed to taxpayers in the order of the time of the making of the qualified investments in community development financial institutions and community development corporations.
The commission shall monitor the investments made by taxpayers in community development financial institutions and community development corporations as permitted by this section and shall perform the functions as provided for in subsection (A).
(C) If the amount of the credit determined under subsection (A) exceeds the taxpayer's state tax liability for the applicable taxable year, the taxpayer may carry over the excess to the immediately succeeding taxable years. However, the credit carryover may not be used for any taxable year that begins on or after ten years from the date of the qualified investment. The amount of the credit carryover from a taxable year must be reduced to the extent that the carryover is used by the taxpayer to obtain a credit pursuant to this chapter for a subsequent taxable year.
(D) Notwithstanding the provisions of subsections (A), (B), and (C), if on April 1, 1999, or as soon after that as the commission is able to determine, the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this section, the credits must be determined on a pro rata basis. For purposes of this subsection, a community development financial institution or community development corporation for which an investment may be claimed as a tax credit pursuant to this section must report all investments made before April 1, 1999, to the commission by April 1, 1999, which shall inform, as soon as reasonably possible, all community development financial institutions and community development corporations of the total of all investments in all institutions and corporations as of April 1, 1999.
(E) If a qualified investment which is the basis for a credit pursuant to this section is redeemed by a taxpayer within five years of the date it is purchased, the credit provided by this section for the qualified investment is disallowed, and a credit previously claimed and allowed with respect to the redeemed qualified investment must be paid to the Department of Revenue with the appropriate return of the taxpayer covering the period in which the redemption occurred. When payments are made to the Department of Revenue pursuant to this section, the amount collected must be handled in the same manner as if no credit had been allowed.
(F) To receive the credit provided by this section, a taxpayer shall:
(1) claim the credit on the taxpayer's annual state income or premium tax return in the manner prescribed by the Department of Revenue; and
(2) file with the Department of Revenue and with the taxpayer's annual state income or premium tax return a copy of the form, described in subsection (G), issued by the commission as to the qualified investment by the taxpayer, including an undertaking by the taxpayer to report to the Department of Revenue a redemption of the qualified investment.
(G)(1) The commission shall complete forms prescribed by the Department of Revenue, showing as to each qualified investment in a community development financial institution or a community development corporation:
(a) the name, address, and identification number of the taxpayer who purchased a qualified investment; and
(b) the nature of the qualified investment purchased by the taxpayer and the amount paid for it.
(2) These forms must be filed with the Department of Revenue on or before the fifteenth day of the third month following the month in which the qualified investment is purchased. Copies of the forms to be provided to the Department of Revenue must be mailed to the taxpayer on or before the fifteenth day of the second month following the month in which the qualified investment is purchased.
(H) A taxpayer may not claim the tax credit provided in this section unless the community development financial institution or community development corporation in which the investment is made has been certified at the time the investment is made. A taxpayer who invested in good faith in a certified institution or corporation may claim the credit provided in this section, notwithstanding the fact that the certification is subsequently revoked or not renewed by the commission.
(I) An investor in a qualified community development corporation or a community development financial institution may transfer or assign the tax credit provided in this section, except that for purposes of a time period within which an act must occur pursuant to this section, the transfer or assignment must relate back to the time of original investment made by the transferor or assignor.
(J) If the community development financial institution in which the investment is made is a tax-exempt nonprofit corporation, the tax credit provided in this section may not be allowed if the taxpayer claims the investment as a deduction pursuant to Section 170 of the Internal Revenue Code.
(K) The total amount of credits which may be allowed by the Department of Revenue may not exceed two million dollars in a community development corporation for fiscal year 1999-2000 and each fiscal year thereafter until the total aggregate amount of four million dollars is reached. The total amount of credits allowed by the Department of Revenue may not exceed five million five hundred thousand dollars in a community development financial institution for fiscal year 1999-2000 and each fiscal year after that until the total aggregate amount of ten million dollars is reached. A credit which is disallowed because of this subsection may be carried forward as provided in this section."
SECTION 4. This act takes effect upon approval of the Governor, except that Section 3 applies to tax years beginning after 1998. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the committee 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.
S. 80 (Word version) -- Senators Matthews, Passailaigue, Elliott, Hutto, Glover, Washington, Reese, Patterson, Courson, Moore, Holland, Saleeby, Giese, McGill, Jackson, Ford, Short, Land and Anderson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 43 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT COMMISSION FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO DEFINE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS; AND TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF FOURTEEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
On motion of Senator MATTHEWS, with unanimous consent, the names of Senators PATTERSON, COURSON, MOORE, HOLLAND, SALEEBY, GIESE, McGILL, JACKSON, FORD, SHORT, and LAND were added as co-sponsors of the Bill.
S. 97 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-45 SO AS TO REQUIRE THE GENERAL ASSEMBLY ANNUALLY TO APPROPRIATE A STATE SALARY SUPPLEMENT FOR CORONERS, TO PROVIDE THE AMOUNT OF THE SUPPLEMENT AND THE METHOD OF ITS PAYMENT, AND TO PROVIDE THAT REDUCTIONS IN THE CORONER'S SALARY OR OFFICE BUDGET BY A COUNTY SHALL CAUSE A CORRESPONDING REDUCTION IN THE DISTRIBUTION DUE THE COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0097.002.DOC), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 32, in Section 17-5-45(B), as contained in SECTION 1, by striking lines 32 through 37 in their entirety and inserting therein the following:
/ (B) In addition to the salary supplements provided for in subsection (A), the amount appropriated by the State must include related employers' contributions based on the salary supplements. These salary supplements and related employers' contributions paid by the State are in addition to amounts provided by the counties as compensation and related employers' contributions for the coroners. To the extent that compensation for the coroner is reduced by a county, a /.
Amend title to conform.
Senator COURTNEY explained the committee 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.
S. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0181.001.doc), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Subarticle 1, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2275. (A) As used in this section, unless the context otherwise requires:
(1) 'Department' means the Department of Social Services; and
(2) 'Foster parent' means any person with whom a child in the care, custody, or guardianship of the department is placed for temporary or long-term care. (B) There is established a 'Kinship Foster Care Program' in the State Department of Social Services.
(C) When a child has been removed from his home and is in the care, custody, or guardianship of the department, the department shall attempt to identify a relative who would be appropriate for placement of the child in accordance with the preliminary investigation requirements of Section 20-7-610 and in accordance with Section 20-7-764(B)(6). If the department determines that it is in the best interest of a child requiring out-of-home placement that the child be placed with a relative for foster care, or if a relative advises the department that the relative is interested in providing placement for a child requiring foster care, and the relative is not already licensed to provide foster care, the department shall inform the relative of the procedures for being licensed as a kinship foster parent, assist the foster parent with the licensing process, and inform the relative of availability of payments and other services to kinship foster parents. If the relative is licensed by the department to provide kinship foster care services, in accordance with rules and regulations adopted by the department regarding kinship foster care, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
(D) The department shall establish, in accordance with this section and the rules and regulations promulgated hereunder, eligibility standards for becoming a kinship foster parent.
(1) Relatives within the first, second, or third degree to the parent or stepparent of a child who may be related through blood, marriage, or adoption may be eligible for licensing as a kinship foster parent.
(2) The kinship foster parent must be twenty-one years of age or older, except that if the spouse or partner of the relative is twenty-one years of age or older and living in the home, and the relative is between eighteen and twenty-one years of age, the department may waive the age requirement.
(3)(a) A person may become a kinship foster parent only upon the completion of a full kinship foster care licensing study performed in accordance with rules and regulations promulgated pursuant to this section. Residents of the household who are age eighteen years of age or older must undergo the state and federal fingerprint review procedures as provided for in Section 20-7-1640. The department shall apply the screening criteria in Section 20-7-1642 to the results of the fingerprint reviews and the licensing study.
(b) The department shall maintain the confidentiality of the results of fingerprint reviews as provided for in state and federal regulations.
(4) The department shall determine, after a thorough review of information obtained in the kinship foster care licensing process, whether the person is able to care effectively for the foster child.
(E)(1) The department shall involve the kinship foster parents in development of the child's permanent plan pursuant to Section 20-7-766 and other plans for services to the child and the kinship foster home. The department shall give notice of proceedings and information to the kinship foster parent as provided for elsewhere in this article for other foster parents. If planning for the child includes the use of child day care, the department shall pay for child care arrangements, according to established criteria for payment of these services for foster children. If the permanent plan for the child involves requesting the court to grant custody or guardianship of the child to the kinship foster parent, the department must ensure that it has informed the kinship foster parent about adoption, including services and financial benefits that might be available.
(2) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. Kinship foster parents and placements made in kinship foster care homes are subject to the requirements of Section 20-7-767."
SECTION 2. Section 20-7-1640(A) of the 1976 Code as added by Section 40A, Part II, Act 64 of 1993, is further amended to read:
"(A) A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be licensed as a foster parent until these fingerprint review have been conducted and the results submitted to the Department of Social Service. The Department of Social Services may issue a temporary license to a person after the favorable completion of the State Law Enforcement Division fingerprint review if each person subject to the fingerprinting requirements affirms in writing on a form provided by the department that he or she has not been convicted of any crime provided for in Section 20-7-1642. The temporary license shall be valid until such time as the Federal Bureau of Investigation results are received by the department, and a permanent license is issued or denied, unless the department terminates the temporary license earlier."
SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator COURTNEY explained the committee 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.
S. 29 (Word version) -- Senators Martin, Mescher, Courson, Giese, Ryberg, Alexander, Drummond, Leatherman, O'Dell, Ravenel, Russell, J. Verne Smith, Wilson, Elliott, Waldrep, Leventis, Setzler, Hayes, Branton, Rankin and Fair: A JOINT RESOLUTION TO PROHIBIT DURING A SPECIFIED PERIOD THE CHARGING OF CERTAIN RECOUPMENT COMPONENTS BY MOTOR VEHICLE INSURERS IN EFFECTUATING INSURANCE RATES FOR DRIVERS HAVING DRIVING RECORDS DEVOID OF ANY POINTS, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO GIVE FULL EFFECT AND ENFORCEMENT TO THE PROVISIONS OF THIS JOINT RESOLUTION.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance Committee proposed the following amendment (29.sbi.001.tjb), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting language and inserting the following:
/ SECTION 1. Notwithstanding Act 154 of 1997 or any other provision of the law, and beginning upon March 1, 1999, and quarterly thereafter, the Department of Insurance shall review recoupment fee data and trends under the new automobile insurance delivery system effective March 1, 1999, and report to the General Assembly its findings upon comparison to data compiled under the previous system. The Director of Insurance, utilizing this data and supporting information to complete his report, shall evaluate the impact the data has on automobile insurance premiums, the insurance industry, and the consuming public, and make recommendations to the General Assembly concerning its usage.
SECTION 2. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator REESE proposed the following amendment (PT\1293DW99), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The school day of January 4, 1999, missed by students of each of the seven school districts of Spartanburg County and the South Carolina School for the Deaf and Blind for school year 1998-99 when the schools were closed due to ice and weather conditions is exempted from the make-up requirement of the defined minimum plan that full school days missed due to extreme weather or other circumstances be made up.
SECTION 2. The school days of January 5 and 8, 1999, missed by students of Mayo Elementary School in Spartanburg County for school year 1998-99 when the school was closed due to weather conditions and a power outage and mechanical fire are exempted from the make-up requirement of the defined minimum plan that full school days missed due to extreme weather or other circumstances be made up.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Amend the title to read:
/ TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY AND THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE AND WEATHER CONDITIONS AND THE SCHOOL DAYS OF JANUARY 5 AND 8, 1999, MISSED BY STUDENTS OF MAYO ELEMENTARY SCHOOL IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO A POWER OUTAGE AND MECHANICAL FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP. /
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.
On motion of Senator BRYAN, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator PASSAILAIGUE, the Senate agreed to dispense with the Motion Period.
S. 541 (Word version) -- Senators Courson, Wilson, Peeler, McConnell, Martin, Alexander, Gregory, Waldrep, Hayes, Fair, Grooms, Giese, Courtney, Leatherman, Ravenel, Thomas, Branton, Ryberg, Russell, Mescher, Cork, Ford, O'Dell, Moore, Setzler and Rankin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX FIFTY PERCENT OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES, INCLUDING TRUCKS WITH A GROSS WEIGHT OF NOT MORE THAN EIGHT THOUSAND POUNDS AND AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, AND MOTORCYCLES; TO PHASE IN THE EXEMPTION OVER FIVE MOTOR VEHICLE TAX YEARS AT THE RATE OF TEN PERCENT A YEAR; TO PROVIDE FOR PROPERTY TAXING ENTITIES TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION IN AN AMOUNT COMPUTED AT A STATEWIDE AVERAGE MILLAGE RATE, APPLIED ON A PER REGISTERED VEHICLE BASIS, AND CREDITED TO THE TRUST FUND FOR TAX RELIEF AND TO CAP THIS REIMBURSEMENT AT THE AMOUNT SO REIMBURSED IN FISCAL YEAR 2002-03, AND TO PROVIDE THAT THIS EXEMPT VALUE IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY AT AMOUNTS NOT TO EXCEED ITS VALUE IN PROPERTY TAX YEAR 2002; AND TO AMEND SECTION 11-11-150, RELATING TO ESTIMATED INCOME TAX REVENUES, SO AS TO PROVIDE FOR DEDUCTIONS FROM THE ESTIMATE OF THE REIMBURSEMENT AMOUNT FOR EXEMPTED PERSONAL PROPERTY TAXES.
On motion of Senator McGILL, with unanimous consent, the name of Senator McGILL was added as a co-sponsor of the Bill.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese and Setzler: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
On motion of Senator PASSAILAIGUE, with unanimous consent, the names of Senators DRUMMOND, BRYAN, MARTIN, BRANTON, COURTNEY, FAIR, J. VERNE SMITH, RUSSELL and MESCHER were added as co-sponsors of the Bill.
S. 102 (Word version) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese and Setzler: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE "SOUTH CAROLINA DRUG DEALER LIABILITY ACT" WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NON-ECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL'S USE OF ILLEGAL CONTROLLED SUBSTANCES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Mr. PRESIDENT, this is a Bill that I feel very strongly about for personal reasons. It's called the "Drug Dealer Liability Act" and it's obvious in this country and it's a sad state of affairs but we are losing the battle, the war on drugs. It's an abysmal failure because of the actions -- and greedy actions -- of many involved in the drug trade. This is something, as I said, that I have very strong personal feelings about.
Right now, we are currently fighting the drug war on the criminal level with an attempt to try to impair through criminal penalties the people involving the distribution of drugs. That has not worked successfully, at least not as successfully -- the way I'd like to see it. Several years ago I tried to get at this through the tax stamp. Some of you all were in the legislature then. Senator McCONNELL might remember the drug tax stamp. It was again designed to provide another front to attack the war on drugs. The theory behind the drug tax stamp was that, if you were involved in illegal drug trade and you didn't buy a tax stamp, then you would be subject to additional civil and criminal penalties. This was to take the monetary reward out of the drug trade. This is what I am trying to get to. That effort, for various reasons, was not successful because of the enforcement aspects.
The purpose of this particular Bill is to provide a civil remedy for damages for persons in communities involved in illegal drug use. In other words, I am trying to provide another front on the war on drugs. I think through the criminal system people have their due process rights if they are alleged to be involved in this illegal trade; then, of course, that's subject to the prosecutorial system. Of course, we know that the jails are filled up with these folks now that are involved in this. But, there are a lot of people who profit from this and the misery of a lot of innocent people. I'm talking about the absolute misery of a lot of innocent people. Drugs have ruined the lives of so many people.
I'm one to hold myself accountable for my actions. I'm not trying to shift the blame. But, there are a lot of innocent people. For instance, take babies whose mothers have used drugs and they have become wards of the state because of illegal drugs. I'm speaking for those individuals who are physically and mentally impaired for life. I'm speaking for the parents involved in this who see their sons and daughters -- their hopes and dreams decimated by the use of illegal drugs.
I want to provide another front to attack this where it hurts the most and that's the pocketbook. I think this particular Bill is a model that has been adopted by a number of states. I want to get at the small person. I want to get at the drug kingpin. I want us to be able to go after these people with a lot of zeal that we don't have right now because there is not a civil remedy in the courts to process these claims.
I want to empower parents, employers, insurers, governmental agencies and others who pay for this either through monetary pain or emotional pain. I want to empower those individuals who don't have access to this right now. I want to empower them to go after these drug dealers -- from the smallest individual in the food chain to the top person. That's what this Act is designed to do. The Act will enable those to recover damages from those persons in the community who have joined the illegal drug market.
A further purpose of this Act is to the extent possible -- the costs of this damage that we are all paying right now, Senator DRUMMOND, and we've seen this in our budget -- the costs of this damage caused by this illegal drug market in a community can be shifted to those who spread this scourge on America.
A further purpose is to establish an incentive for drug users to identify and seek payment for their own drug treatment. In other words, it is envisioned that those people in the food chain right now would turn on the dealers because they are caught up in this vicious cycle, Senator GIESE, to turn on the people who have wreaked havoc on their lives in that food chain and go after them. It is designed not to go after the pocketbooks of the people of South Carolina and the United States of America but to go after those people who have engaged in this illegal trade.
Every community in this country is affected by the marketing and distribution of illegal drugs. You can look in our budget process and see we have a vast amount of resources being expended for this. If you look at the prisons and corrections system today, it is all about illegal drugs. Ninety percent of it is about illegal drugs. Even if you are talking about types of violent crimes or whatever, it's all about illegal drugs, Senator from Abbeville.
What this act will end up doing is that the people who have been involved in this -- the masses -- will end up turning on other people and again going after, through this remedy, a civil cause of action, going after their assets. In other words, it puts another damper -- another ability that the citizens don't have now -- to access a mechanism that is not available to them now through a civil remedy. I think you understand that, Senator GIESE. Your son's a solicitor. I will bet you that he will tell you that he's got the drug court going. We're funding the drug court for Richland and Kershaw counties. He'll tell you the same thing that everybody in this body knows.
I am not sure there are any amendments on the desk. Nobody gave notice of general amendments on this Bill. I haven't talked to other people who might be opposed to this. The people who are involved in this trade have created a terrible scourge on this country and I don't have any sympathy for one person in that food chain. I think we ought to do what we can to go after them. I spent tens of thousands of dollars to try personally to work on this problem for a loved one. I was lucky I was able to do that. And, thank God, through a lot of good effort, that money was well spent and it's a blessing that I've got that loved one back. There are a lot of people who are not that fortunate. I feel very strongly about this Bill. I think it will, over time, assist in a small way in getting at this problem in making it very difficult for people who want to ever consider trafficking in drugs to get involved; because not only are they faced with the criminal penalties which I would hope we would continue to maintain a very rigorous enforcement of the drug trafficking statutes, but also the civil remedies which means that they wouldn't have anything from their terrible gain. This is what this is all about. That's what it is all about to me.
It's not about selective enforcement about drug trafficking. In fact, my hope is really you get the big boys and girls in this because that's who I'm really after. But everybody in that food chain, I think, who has a financial incentive or whose lives have been ruined by this could turn on those people and would also provide another vehicle for law enforcement.
I have a lot of information on this and I can get up here and talk and talk, but I think you all know what it's about. That's why I wanted to move it along today unless somebody has some strong objection. I'm hopeful that we can pass this and get it over to the House and, hopefully, let it become part of the statutory law.
That's what this is all about. I hope you will consider passing this out of the body today and let's get it to the House. I move that the Bill receive a third reading.
On motion of Senator COURSON, ordered printed in the Journal.
On motion of Senator HUTTO, with unanimous consent, Amendment No. 1 was taken up for immediate consideration:
Senator HUTTO proposed the following Amendment No. 1 (JUD0102.003), which was adopted:
Amend the bill as and if amended, page 5, beginning on line 28, in Section 44-54-60, as contained in SECTION 1, by striking Section 44-54-60 in its entirety and inserting therein the following:
/ Section 44-54-60. A cause of action authorized by this chapter shall not be assigned, either expressly, by subrogation, or by any other means, directly or indirectly, to any public or publicly funded agency or institution. /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jesse Wood of Pickens, S.C.
At 12:10 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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