Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, in the quietness of this moment, may we hear Your voice and feel Your presence. We confess with sorrow that we have sometimes missed the shining mark of our high calling which beckons us even from the valley of defeat. Yet even in our failure to attain, we are lured by the hounding belief that life has a capacity for the best. Help us, then, to make ours a pursuit for the noblest, and to press on with buoyant feet, firm in the confidence of Your leadership, that Your will can be accomplished through us for a more golden tomorrow.
And to You, O Lord, we give all praise and honor. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MEMORANDUM TO: Clerk of the Senate
Clerk of the House
RE: Transcripts of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Eugene C. Stoddard
Chairman
Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards and Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The Committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly.
Eight candidates who were under consideration at the time of the hearings are discussed in this report. The candidates are:
Lander University
William G. "Bill" Stevens
Winthrop University
Robert L. Thompson, Jr.
Clemson University
Darra Cothran
Charles E. Dalton
Patricia H. "Patti" McAbee
John Q. Adams, III
Francis Marion University
James R. Courie
Terry Williams
Members Present:
RepresentativeS Stoddard, Clyborne and Inabinett
Senators MaCaulay, Glover and Wilson
Mr. Stoddard: Good morning ladies and gentlemen. We have had a couple of problems this morning relative to staff attendance and paper reproduction, and trust that we can overcome them. First we have two candidates who are unopposed. Mr. Stevens, seeking a position on the Lander University Board and Mr. Thompson seeking a position on the Winthrop Board.
Mr. Clyborne: Mr. Chairman, I move that we waive screening according to the statute on these two candidates and find them qualified for the position they seek.
Mr. MaCaulay: Mr. Chairman, I second the motion.
Mr. Stoddard: You have heard the motion and second. All in favor say aye, opposed no. The ayes have it. You two candidates may seek pledges as you deem necessary and may now be excused. We appreciate the services that you are rendering to your boards and your desire to continue to do so.
Mr. Thompson: Thank you, Mr. Chairman.
Mr. Stoddard: Next, we will go to the Clemson Board. Our first candidate will be Mr. John Q. Adams, III. Mr. Adams, will you please take the stand and raise your right hand?
Mr. Adams was sworn in by Mr. Stoddard.
Q. Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
A. No, sir.
Q. Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A. Yes, sir.
Q. Do you have any interests, professionally or personally, that presents a conflict of interest because of your service on the board?
A. No sir, none that I am aware of.
Q. Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
A. No, sir.
Mr. Stoddard: Any questions of Mr. Adams?
Mr. Inabinett: Mr. Adams, will you tell us briefly what expertise you expect to bring to the board?
Mr. Adams: Yes sir. I am a nuclear engineer at Charleston Naval Shipyard and I believe I have some background in technical fields and of course, one of the visions at Clemson is to become the leading technologically oriented land grant university in our country. So I feel that my skills in engineering would lend itself to the board. Also, my work in the nuclear field would be something unique for the board. With the nuclear facilities in Charleston and Savannah River, I think I would be of some help in those areas.
Mr. Inabinett: Thank you.
Mr. Stoddard: Any other questions of Mr. Adams? (None) Thank you Mr. Adams.
Mr. Adams: Thank you.
Mr. Stoddard: Our next candidate is Ms. Cothran.
Ms. Cothran was sworn in by Mr. Stoddard.
Q. Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
A. No, sir.
Q. Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A. Yes, sir.
Q. Do you have any interests, professionally or personally, that presents a conflict of interest because of your service on the board?
A. I plan to resign from Richland County Planning Commission.
Q. Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
A. I would resign as a lobbyist.
Mr. Stoddard: Any questions of Ms. Cothran?
Mr. Inabinett: I ask the same question that I asked the previous candidate.
Ms. Cothran: Yes sir. I am a practicing attorney and have been for twenty years. There is no practicing attorney on the Clemson Board. I think that brings some expertise to the board which is needed since college boards seem to get in trouble these days and I want to make sure that ours does not. I am also a banker, being chair of the board of the bank at McBee Bethune, having a financial background. I think that my legal and financial background will be of interest to the board. I also think that my perspective as a woman, as an alumni and as a mother will bring a perspective that has not been on the board, and I hope to use my talents or any that I have, to further the purposes of Clemson in its' contingency field.
Mr. Inabinett: Thank you.
Ms. Cothran: Thank you.
Mr. Stoddard: Thank you Ms. Cothran. Our next candidate is Mr. Dalton.
Mr. Dalton was sworn in by Mr. Stoddard.
Q. Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
A. No, sir.
Q. Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A. Yes, sir.
Q. Do you have any interests, professionally or personally, that presents a conflict of interest because of your service on the board?
A. No sir, none that I am aware of.
Q. Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
A. No, sir.
Mr. Stoddard: Any questions of Mr. Dalton?
Mr. Inabinett: I would like to ask the same question as before.
Mr. Dalton: I have a background of public service, having served eight (8) years on the Pickens City Council, answering to voters, being concerned with their best interest, also serving two terms on a state commission, again being sensitive to interest of and responsibility to the General Assembly. I think that background, plus my other occupations, having been a home builder for seventeen (17) years, currently serving as General Manager of Blue Ridge Electric Coop; I have a background in managerial experience, financial matters, dealing with employees, history of public service, history of managerial skills certainly would be something I would bring to that Board with a sensitivity to the General Assembly tax structure.
Mr. Inabinett: Thank you.
Mr. Stoddard: Any other questions of Mr. Dalton? (None) Thank you Mr. Dalton. Our next candidate is Mrs. McAbee.
Mr. Stoddard swore in Mrs. McAbee.
Q. Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A. No sir.
Q. Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A. Yes sir.
Q. Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A. No sir, none that I am aware of.
Q. Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the Constitution?
A. No sir.
Mr. Stoddard: Any questions?
Mr. Inabinett: I have the same question of you, Mrs. McAbee.
Mrs. McAbee: Thank you sir. Yes, the reason I am running for the Board is that, to the citizens of South Carolina, I offer several things to the State of South Carolina in seeking service on the Board of Trustees. Primarily, I am running from the perspective of a woman. That perspective has never been represented and I feel very qualified to represent that perspective, bringing that to the Board of Trustees. My background is in the arts, the program at Clemson University is starting to become the most outstanding technological oriented university in the Nation; and with that there is a definite need for balance in the areas of liberal arts to make sure that an education is well rounded and the very best that it can be. Currently there's no representation on the Board for the liberal arts schools, and I would like to serve South Carolina by making that perspective available to it. I strongly believe in the mission of Clemson University and serve on various community government organizations in the region in which I live. I feel very qualified to bring that perspective of development in community service to the Clemson University Board.
Mr. Inabinett: Thank you very much.
Mr. Stoddard: Any other questions? (None) Thank you.
Mrs. McAbee: Thank you.
Mr. Stoddard: That completes the Clemson candidates.
Mr. Wilson: Mr. Chairman.
Mr. Stoddard: Yes.
Mr. Wilson: Traditionally, we have been given the Economic Interest and the reports from various law enforcement agencies as to backgrounds and I believe we have gotten reports from the Clerks of Court as to potential judgements or whatever may have been filed against individuals who are applying. Do we have any of that information?
Mr. Stoddard: I have that in original form only. All candidates are clear.
Mr. Wilson: All clear?
Mr. Stoddard: And so were Clerks of Court. No judgments and no criminal records on all candidates.
Mr. Wilson: Of everybody who has applied? That's really where I wanted to verify.
Mr. Stoddard: All of them. I really have to apologize about the reproductions. As I stated at the beginning, we will take a few minutes to view the originals.
Mr. Wilson: If we could pass those around while the people are here that would be helpful.
(Papers are distributed.)
(Five minutes later)
Mr. Stoddard: Ready to proceed? Our next candidate is for Francis Marion---James R. Courie.
Mr. Stoddard swore in Mr. Courie.
Q. Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A. No sir.
Q. Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A. Yes sir.
Q. Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A. No sir, none that I am aware of.
Q. Do you now hold any public position of honor or trust that, if elected to the Board, would cause you to violate the dual office holding clause of the Constitution?
A. No sir.
Mr. Inabinett: I have the same question that I had for the other candidates.
Mr. Courie: I think I bring a couple of different things to the Board. From the personal level, I grew up in that area. I'm originally from Marion, a very small town in the Pee Dee community. I have a very great understanding of what that college is; what that university now means to the area. I grew up as the college grew. The college meant a lot to me. It was my family, and I have family members that attend the school, and I see the importance of the community. I went to school there and law school here at the University of South Carolina. I would like to think that being a boarding student I offer something in that area of expertise. I think my age would offer something as well. Francis Marion is a younger school. I've been a graduate for almost ten years now. The school has changed a tremendous amount during the first ten years and a tremendous amount during the last ten years. I think we will see more change during the next ten years. Florence is a growing spot that is rapidly growing and developing. I think the University can grow and develop right along with it. I would like to bring that perspective to the Board.
Mr. Inabinett: Thank you.
Mr. Stoddard: Senator Wilson?
Mr. Wilson: Mr. Chairman, I am delighted to see that we've got two fine people from this community who want to serve on the Francis Marion University Board, and I have a personal interest in that I have a freshman who is attending the University and the concern that I would like to express is that there were articles in the paper last year concerning the low percent of students who completed colleges and universities in South Carolina within a four year period and that the only college or university that had a very high graduation rate was the Citadel and so it is not directly justice to Francis Marion, But I know it as a parent and as a citizen of this State, I am concerned about students completing in four years and I wanted to ask you how you felt about that and would you, if elected, work to trying to increase the graduation rate with in a four year period.
Mr. Courie: I would certainly want to work on the graduation rate. I share your concerns. I saw the same article you saw and I wonder what are the reasons for that. Is it people have the mentality that you should graduate in four years? Is that part of the problem? Or are we not doing enough during those four years. Maybe even during those first two years to make sure those people get on the right track. I certainly understand your concerns greatly. I would work very hard to increase that.
Mr. Wilson: Thank you very much
Mr. Stoddard: Mr. Courie, I notice on your ethics report that you were employed by the Senate.
Mr. Courie: No sir. My wife was employed by the Senate. At one point last year, my wife is also an attorney.
Mr. Stoddard: I see.
Mr. Courie: I'm in her law firm and I was not sure if that was what was being asked in that question but in the abundance of caution I wanted to put it down.
Mr. Stoddard: Thank you. I appreciate that, Senator?
Ms. Glover: Yes, Mr Courie? Quite recently on the campus African-American students have had some complaints about representation at the faculty level and student involvement. As a trustee, what would you do about the situation?
Mr. Courie: Senator, that is kind of difficult to answer. Having been away from the people for a few years, I was there less than ten years ago and there were, I don't want to say problems, but there were similar situations. Francis Marion over the last ten years has had a bit of a problem, not with racial relations, I wouldn't say, but for attracting good minority students and I think there needs to be more done to attract minority students. I really am not familiar exactly with what problems specifically there are. During the time I was there, I thought the relations were really pretty good and I would hope that it would still be the same way and I would certainly share your concerning interests if that were not the case. Specifically I could not really say but that I would want to do everything possible to make it a good place for all students.
Mr. Inabinett: You used the statement "good minority students." Can you qualify that statement?
Mr. Courie: Well, I didn't mean anything by that other than, I think what I was just trying to say was I don't know if there was not as many minority students applying to the school or what the level was but I just remembered while I was a student there, there was an act of concentration to recruit minority students. I guess what I was saying was qualified minority students , whatever the qualifications of the university are. I obviously am not involved in that process and I don't know what it is.
Mr. Inabinett: Thank you sir.
Mr. Stoddard: Thank you Mr. Inabinett. Thank you Mr. Courie. Next we have K. A. Williams from Francis Marion.
Mr. Williams is sworn in.
Q. Do you have any health-related problems that the screening committee should be made aware of that would prevent you from serving on the board in full capacity?
A. No, sir.
Q. Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
A. Yes, sir.
Q. Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the board?
A. No, sir, none that I am aware of.
Q. Do you now hold any public position of honor or trust that, if elected to the board, would cause you to violate the dual office holding clause of the constitution?
A. No, sir.
Mr. Inabinett: Previous question.
Mr. Williams: Well as Mr. Courie alluded. I'm from Florence originally. I grew up in Florence and I went to school in Florence. I went to college in Florence. I went to Francis Marion between 1973 and 1977 so I really saw it from it's infancy. It became a college in 1970 and I've watched it grow over the last 22 years. According to what I think, bring to the board, I am a practicing CPA here. I also own my own business. I think I could bring to the board a financial background to help the university and the State as a whole. As far as the development of the college, I've watched it with parents and a lot of relatives. I keep a pulse on Florence as a community and as a college. There are a lot of things changing with Hoffman/Roach, plant coming. There is so much opportunity for the college to get with businesses and have a quote "business partnership." That would help enhance the college and help put our students at a competitive edge over other states, I mean other states' colleges and universities and that's what I think I could bring to the board.
Mr. Wilson: Mr. Chairman, same question that I asked Mr. Courie. Again I'm very concerned with low graduation rates within a four year period and I'd like to know your view of that and do you have any suggestions on how that could be improved?
Mr. Williams: Well after I read the article, Senator Wilson, I was upset too. So, I talked to Dr. Joe Heyward down at the college, who is in charge of programs and the statistics. As I understand it was based on people who started and completed within four years so as far as statistics there could have been some distortion in that a lot of people are there for five years and maybe part time, so the graduation rate may not have been indicative or an exact amount because it was based on a four year program. Starting and completing it in a four year period and with a lot of part time students you are going to have more than four year students there. But at the same time, I'm concerned. I made the phone call as soon as I read the article because when I tell people that I graduated from Francis Marion, I want them to know and say gosh "He went to Francis Marion University." It's kind of got to break the grid and when students graduate from there and they start applying for jobs that's what I want them to hear too. They go and they say I'm from Francis Marion University, I want people to say I know they've got a good background, they've got a good education, and yes I'm concerned for it.
Mr. Wilson: Thank you.
Mr. Stoddard: Senator Glover?
Ms. Glover: Yes, my question is pretty much the same too. In terms of faculty, we've got a problem, what would you do. I mention this because the person, Dr. Heyward, is the active provost and that was one of the things that the students mentioned in their complaint. Right now we don't have anyone in administration and very, very few faculty members. What do you think could be done about that, if anything?
Mr. Williams: Well I was kind of surprised because it didn't hit The State paper but my mother-in-law sent the article that was in the Florence paper and I was a little surprised when I saw it, so again I got on the phone and as a matter of fact I talked to Dr. Stanton and asked him what the problem was. They were unaware in essence. They didn't know that much was going to occur and I believe that they would have taken the action had the people come to them first and discussed it with them, but I did talk to Dr. Heyward and because he's kind of acting provost as well as dean of students right now. He wants to be dean of students, I mean he said that's what he likes, but there is a problem we need to address it because I asked Dr. Heyward as far as the screening process are we getting minority applicants for the faculty and staff, and he said he was part of the screening process and he could not tell me any details but I believe the college is working toward it, yes it came out in the paper any time you get publicity that looks adverse. I think that people will take action yet something needs to be done about it. I believe the college is taking positive steps. The board of trustees there, is going to have to get involved in the process too. But, I think the college will make positive steps toward it. It's been brought to light. It might not have been brought to light like they would have liked it to, but the problem's out there. Now it has to be addressed.
Mr. Stoddard: Any other questions?
Thank you Mr. Williams. That concludes the screening of all the candidates for today.
Mr. MaCaulay: Mr. Chairman I make the motion that the four candidates for the Clemson Board of Trustees and the two candidates for the Francis Marion University Board of Trustees be approved as passing the screening process for this committee.
Mr. Inabinett: I second that.
Mr. Stoddard: Senator Macaulay moves that the report of all candidates be favorable seconded by Rep. Inabinett all in favor say aye all opposed say no. Ayes have it, thank you for coming ladies and gentlemen. We appreciate your interest in serving your institution of your choice. Wish all of you luck. You may proceed to seek pledges.
This committee has investigated each of the candidates, has conducted one day of public hearings, and has duly considered the legal qualifications of each of the applicants. Based thereon, the committee makes a favorable report on:
Mr. William G. "Bill" Stevens
Mr. James R. Courie
Mr. Terry Williams
Mr. Charles E. Dalton
Mrs. Patricia H. "Pattie" McAbee
Mr. John Q. Adams III
Mrs. Darra Cothran
Mr. Robert L. Thompson
All the candidates making personal appearances before the committee, as noted earlier, are reported favorable and found qualified as candidates for election to the boards of trustees of the state's schools, colleges, and universities.
Respectfully submitted,
Rep. Eugene C. Stoddard, Chm. Senator Alex S. MaCaulay, V. Chm.
Senator Warren K. Giese Rep. Jennings G. McAbee
Senator Maggie W. Glover Rep. Curtis B. Inabinett
Senator Addison "Joe" G. Wilson Rep. H. Howell Clyborne, Jr.
On motion of Rep. STODDARD, the report was ordered printed in the Journal.
Rep. WRIGHT moved that when the House adjourns, it adjourn in memory of Robert L. Armstrong, Jr., of Irmo, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1620
Promulgated By Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators
Licensing of Nursing Home and Community Residential Care Facility Administrators
Received By Speaker March 17, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 21, 1994
The following was received.
Document No. 1489
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Yard Trash and Land-Clearing Debris; and Compost
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date March 22, 1993
Withdrawn and Resubmitted: February 3, 1993
Withdrawn and Resubmitted: March 17, 1993
Revised Expiration Date: April 6, 1993
The following was introduced:
H. 3735 -- Reps. Tucker, R. Young, Fulmer, Haskins, Vaughn and Elliott: A CONCURRENT RESOLUTION TO DIRECT THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION NOT TO EMPLOY A PERMANENT DEPUTY EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNTIL JULY 1, 1993, OR THEREAFTER SO THAT THE GENERAL ASSEMBLY DURING ITS 1993 SESSION MAY CONSIDER LEGISLATION RESTRUCTURING THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDING THE COMMISSION AND THE DEPARTMENT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3736 -- Reps. D. Wilder, Carnell and Stoddard: A HOUSE RESOLUTION CONGRATULATING THE THORNWELL HIGH SCHOOL SAINTS OF LAURENS COUNTY ON WINNING THE 1993 CLASS AA STATE CHAMPIONSHIP IN BOYS BASKETBALL IN THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION.
The Resolution was adopted.
The following was introduced:
H. 3737 -- Reps. Barber, J. Wilder, Harrell, Hallman, J. Bailey, Whipper, Inabinett, Breeland, Holt, Gonzales, A. Young, H. Brown, Law, D. Williams, Fulmer, Rogers, Cato, Sharpe, R. Smith, Stone, Huff, Rudnick, Keyserling, Wofford, Cobb-Hunter, G. Bailey, Hutson and R. Young: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO WORK WITH VARIOUS STATE AGENCIES AND THE CHARLESTON-TRIDENT AND AIKEN/BARNWELL AREA TO SEEK A HIGH PROPORTION OF THE PRESIDENT'S $47 BILLION ECONOMIC STIMULUS PACKAGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 543 -- Senator Russell: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE ALL STEPS NECESSARY TO ELIMINATE THAT UNNECESSARY FEDERAL REGULATION OF THE BANKING SYSTEM THREATENING THIS STATE'S AND THE ENTIRE COUNTRY'S ECONOMIC WELLBEING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3738 -- Reps. J. Bailey, Gonzales and Kirsh: A BILL TO AMEND SECTION 56-5-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENT REPORT FORMS, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE REPORTS AND PROHIBIT THE USE OF CERTAIN INFORMATION IN DRIVING RECORDS.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3739 -- Reps. Harwell and Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND ENDING JUNE 30, 1993.
On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE, SO AS TO PROVIDE FOR AN ADDITIONAL USE OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS AND TO PROVIDE THAT "C" FUND EXPENDITURES MUST BE APPROVED BY THE GOVERNING BODY OF THE COUNTY RATHER THAN THE LEGISLATIVE DELEGATION.
Referred to Committee on Ways and Means.
H. 3741 -- Reps. Cobb-Hunter, Fair, Waites, Harrelson, Moody-Lawrence, Hines, Allison, Vaughn, Barber, Neilson, R. Smith, Holt, Shissias, Inabinett, Mattos, Kinon, Davenport, Wells, Byrd, Cato, Beatty, Harwell and Stone: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.
Referred to Committee on Labor, Commerce and Industry.
H. 3743 -- Reps. J. Bailey, Barber, Whipper, Breeland, Inabinett, Law, G. Bailey, D. Williams and Holt: A BILL TO AMEND SECTION 13-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES; AND TO REPEAL SECTION 3 OF ACT 518 OF 1992, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSIONER OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES PLACE ON THE BALLOT AT THE TIME OF THE NOVEMBER, 1992, GENERAL ELECTION THE QUESTION OF THE CREATION OF THE AUTHORITY AND ITS ISSUANCE OF GENERAL OBLIGATION BONDS.
On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3744 -- Rep. McElveen: A BILL TO AMEND SECTIONS 8-13-1300 AND 8-13-1314, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES AND CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A CANDIDATE OR ANYONE ACTING ON HIS BEHALF FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP, FIRM, OR NONCANDIDATE COMMITTEE, AS DEFINED IN SECTION 8-13-1300, AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-7-1213, SO AS PROVIDE A TAX CREDIT OF TWENTY-FIVE DOLLARS TO INDIVIDUALS FOR POLITICAL CONTRIBUTIONS.
Referred to Committee on Judiciary.
H. 3745 -- Reps. T.C. Alexander, Mattos and Elliott: A BILL TO REPEAL SECTION 2-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION PROGRAM FOR NEW LEGISLATORS.
On motion of Rep. T. C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3746 -- Reps. Worley, Kelley, Martin, Keegan, Snow and Witherspoon: A BILL TO AMEND ACT 522 OF 1992 RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE COASTAL COUNCIL TO DISBURSE ANY EXCESS FUNDS FROM THE FOLLY BEACH RESTORATION PROJECT FOR OTHER BEACH RESTORATION PROJECTS.
Referred to Committee on Ways and Means.
H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.
Referred to Committee on Judiciary.
H. 3748 -- Reps. Wilkins and Cato: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3749 -- Reps. Gonzales, H. Brown, Martin, Worley, Simrill, Corning, Haskins, Moody-Lawrence, D. Wilder, Vaughn, Hallman, Shissias, Wofford, R. Young, Wells, Riser, Stone, Cato, Stuart, Witherspoon, Meacham and Phillips: A BILL TO AMEND CHAPTER 20, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION FINANCE ACT, BY ADDING SECTION 59-20-45 SO AS TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT (EFA) ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT WITHIN THE SUCCEEDING THREE SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, AND TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT.
Referred to Committee on Ways and Means.
S. 256 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 257 -- Senator Drummond: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES TO WHICH THE REQUIREMENTS OF NURSING DO NOT APPLY, SO AS TO INCLUDE OUT-OF-STATE NURSES ENROLLED IN AN APPROVED COURSE OR EXPERIMENTAL PROJECT; TO AMEND SECTION 40-33-230, RELATING TO STATE BOARD OF NURSING COMPENSATION, SO AS TO CONFORM COMPENSATION PROVISIONS TO OTHER STATE BOARDS; TO AMEND SECTION 40-33-260, AS AMENDED, RELATING TO A BOARD QUORUM, SO AS TO REVISE IT TO CONFORM TO THE INCREASED BOARD SIZE; TO AMEND SECTION 40-33-910, AS AMENDED, RELATING TO EXAMINATIONS, SO AS TO PROVIDE THAT AN APPLICANT MUST PASS AN EXAMINATION PRESCRIBED RATHER THAN ADMINISTERED BY THE BOARD; AND TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 259 -- Senator Drummond: A BILL TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 369 -- Senators Passailaigue, Rose, Richter, Ford, Greg Smith, McConnell and Washington: A JOINT RESOLUTION TO CREATE THE BATTLESHIP MISSOURI MEMORIAL COMMISSION FOR THE PURPOSE OF NEGOTIATING WITH THE DEFENSE DEPARTMENT, THROUGH THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, FOR THE DONATION OF THE DECOMMISSIONED BATTLESHIP MISSOURI, TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, AND TO RAISE THE NECESSARY FUNDING AND TAKE THE STEPS NECESSARY TO TRANSPORT THE VESSEL TO THE STATE OF SOUTH CAROLINA.
Referred to Committee on Ways and Means.
S. 397 -- Senator Reese: A BILL TO AMEND SECTIONS 56-3-2150 AND 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR COUNTY COUNCIL, SO AS TO ADD A SPECIAL LICENSE PLATE FOR THE MAYOR.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harvin Haskins Hines Hodges Holt Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, March 18.
William S. Houck, Jr. Timothy C. Wilkes E.B. McLeod, Jr. Michael L. Fair John L. Scott, Jr. Jerry N. Govan, Jr. Roland S. Corning Dell Baker John G. Felder Larry L. Elliott Michael F. Jaskwhich Joseph H. Neal B. Hicks Harwell Alma W. Byrd James H. Harrison John J. Snow, Jr. C. Lenoir Sturkie
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
The SPEAKER granted Rep. McELVEEN a leave of absence for the day.
Announcement was made that Dr. John B. Dubose of Camden is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3734 -- Reps. Gonzales, R. Young, Hallman, Harrell, Fulmer, Hutson and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Section 1 was adopted.
Section 2 was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Rep. KIRSH proposed the following Amendment No. 76 (Doc Name L:\council\legis\amend\JIC\5554HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 6, page 646, right column, line 22, by striking /appropriation/ and inserting /expenditures/.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 6 as amended was adopted.
Section 7 was adopted.
Reps. WILKINS and CLYBORNE proposed the following Amendment No. 410 (Doc Name L:\council\legis\amend\WWW\30040DW.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 8, page 647, left hand column, by adding after /employee/ on line 37:
/The provisions of this item apply to employees hired after June 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Section 8 as amended was adopted.
Section 9 was adopted.
Section 10 was adopted.
Rep. BOAN explained the section.
Rep. KIRSH proposed the following Amendment No. 183 (Doc Name L:\council\legis\amend\JIC\5582HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 11, page 648, beginning in the left column on line 43, by striking items (2) and (3) and inserting:
/(2) ten thousand but less than fifty thousand dollars, written quotations are required."/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 11 as amended was adopted.
Section 12 was adopted.
Section 13 was adopted.
Rep. KIRSH proposed the following Amendment No. 184 (Doc Name L:\council\legis\amend\JIC\5584HC.93), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, SECTION 14, page 649, left column, by inserting before the quotation mark on line 23 /The state employee member shall not receive compensation for serving on the panel beyond the employee's regular salary./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 14 as amended was adopted.
Section 15 was adopted.
Rep. KIRSH proposed the following Amendment No. 185 (Doc Name L:\council\legis\amend\JIC\5581HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 16, page 650, left column, by striking beginning on line 28 /and the Joint Committee on Tourism and Trade/ and inserting: /and the Joint Committee on Tourism and Trade/.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 39 to 21.
Section 16 was adopted.
Section 17 was adopted.
Section 18 was adopted.
Reps. WHITE and BOAN proposed the following Amendment No. 138 (Doc Name L:\council\legis\amend\JIC\5587HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 19, page 651, left column, by striking lines 32 and 33 and inserting:
/to Section 12-21-2720(A)(3) of the 1976 Code beginning with licenses in effect as of July 1, 1993. Revenue/.
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. GAMBLE proposed the following Amendment No. 239 (Doc Name L:\council\legis\amend\CYY\15331SD.93), which was adopted.
Amend the bill, as and if amended, Part II, Section 19, page 651, by designating the paragraph which begins on line 28 in the lefthand column as subsection (A) of the section and by adding a new subsection (B) to read:
/(B) Section 12-21-2738 of the 1976 Code is amended to read:
"Section 12-21-2738. Any person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the Commission; provided, however, that the monetary penalty for each failure in regard to a machine licensed or subject to licensing pursuant to Section 12-21-2720(A)(3) is two thousand five hundred dollars no part of which may be suspended, and one-half of such penalty must be deposited in the general fund of the State and one-half shall be retained by or forwarded to the law enforcement or administrative agency charging the violation."/
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Section 19 as amended was adopted.
Reps. TOWNSEND, GRAHAM, TROTTER, TUCKER, PHILLIPS, STILLE, COOPER, ROBINSON, P. HARRIS, CHAMBLEE and T.C. ALEXANDER proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\BBM\10366AL.93), which was adopted.
Amend the bill, as and if amended, Permanent Provisions, Part II, Section 20, by adding an appropriately lettered subsection to read:
/( ) Section 56-5-4140(3)(a) is amended to read:
"(3) (a) Except on the interstate highway system:
(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use, including, but not limited to, well-drilling rigs having the capability to drill through rock, are not required to conform to the axle spacing requirements of this section but the vehicle is limited to a weight of twenty thousand pounds per axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances."/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 401 (Doc Name L:\council\legis\amend\WWW\30043DW.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 20, page 652, left-hand column by striking lines 23 through 25 and inserting:
/This assessment must be forwarded to the General Fund of the State./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The SPEAKER granted Rep. SNOW a temporary leave of absence.
The amendment was then adopted.
Rep. FARR proposed the following Amendment No. 268 (Doc Name L:\council\legis\amend\JIC\5590HC.93).
Amend the bill, as and if amended, Part II, Permanent Provisions, beginning on page 651, by striking SECTION 20 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. FARR explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. FARR spoke in favor of the amendment.
Rep. FARR moved to adjourn debate upon the section.
Rep. WALDROP moved to table the motion to adjourn debate.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Brown, G. Brown, J. Cobb-Hunter Cromer Felder Govan Graham Hallman Law Marchbanks McKay McTeer Robinson Scott Sheheen Stone Trotter Waldrop Wilder, J. Williams
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Baker Barber Baxley Beatty Brown, H. Cato Chamblee Cooper Corning Davenport Delleney Elliott Farr Fulmer Gamble Gonzales Harrell Harris, J. Haskins Hines Holt Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Martin Mattos McCraw McLeod McMahand Meacham Neilson Phillips Quinn Richardson Riser Rogers Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Thomas Townsend Tucker Vaughn Waites Walker Wells Whipper Wilder, D. Witherspoon Wofford Young, A. Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 48 to 42.
Section 21 was adopted.
Rep. GAMBLE proposed the following Amendment No. 109 (Doc Name L:\council\legis\amend\CYY\15327SD.93), which was adopted.
Amend the bill, as and if amended, Part II, Section 22, page 665, by adding a new subsection immediately after subsection (PP) on line 42 in the lefthand column to read:
/( ) The department after July 1, 1993, shall not employ any additional employees whose principal duties involve the registration and licensing of vehicles until the total number of these employees has decreased by fifty percent as compared to those employed by the department on July 1, 1993, for these functions. The executive director of the department to the extent possible shall endeavor to reassign these personnel to other comparable positions in the department for which they are qualified that do not include registration and licensing functions. These employees, upon being reassigned, shall count as reductions in total employment in registration and licensing for purposes of complying with the provisions of this subsection./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 53 (Doc Name L:\council\legis\amend\JIC\5575HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 22, beginning on page 655, by striking Section 56-3-376 as contained in subsection D and inserting:
/Section 56-3-376. All vehicles except those vehicles designated in Sections 56-3-375 and 56-3-780 are designated as distinct classifications and must be assigned an annual registration period as follows:
Classification (1). Vehicles for which the annual registration fee is eighty one-hundred and sixty dollars or more. The department may register and license a vehicle for which the annual biennial registration fee is eighty one-hundred and sixty dollars or more (a) for an annual or one-year period beginning on April first and ending on March 31 of the next year upon application to the department by the owner and the payment of one-half the specified biennial fee or (b) for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of one-halffourth of the specified annual biennial fee. The license and registration fee for vehicles in this classification which are registered for the remaining eleven twenty-three months or less of the twelvetwenty-four-month license years ending on March thirty-first or the remaining eleven months of the twelve month license year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified annual biennial fee for the remainder of the two-year or one-year or one-half year based on one-twelfthtwenty-fourth of the specified twelvetwenty-four-month fee for each month or part of a month remaining in the registration and license period or year or one-half year. Annual or one-year registrations and licenses expire at midnight on the last day of the twelfth month for the period for which they were issued and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Semiannual or half-year registrations and licenses for the first period from April first to September thirtieth expire at midnight on September thirtieth of the same year and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors having a load capacity of not more than one ton with an empty or unloaded weight of over four thousand pounds, and trucks, truck tractors, or road tractors with a load capacity of not more than two tons and with an empty or unloaded weight of over four thousand pounds also must be placed in this classification but may not be registered for less than a full annual biennial period.
Classification (2). Other vehicles. All other vehicles except those vehicles described in Section 56-3-375 and classification (1) of this section are assigned an annual biennial registration which begins on December first of each year and expires on November thirtieth of the next second year except those vehicles defined in Section 56-3-700 whose registration begins on April first of each year and expires on March thirty-first of each the second year./
Amend further, page 657, by striking subsection (A) of Section 56-3-660, as contained in subsection K., right column, lines 1 through 40, and inserting:
/(A) The determination of gross vehicle weight for the purpose of registering to register and licensing license self-propelled property carrying vehicles is the empty weight of the vehicle or combination of vehicles and the heaviest load to be transported by the vehicle or combination of vehicles as declared by the registered owner. All determinations of weight must be made in units of one thousand pounds or major fraction of one thousand pounds. The declared gross vehicle weight applies to all self-propelled property carrying vehicles operating in tandem with trailers or semitrailers except that the gross weight of a trailer or semitrailer is not required to be included when the operation is to be in tandem with a self-propelled property carrying vehicle which is licensed for six thousand pounds or less gross weight, and the gross vehicle weight of the combination does not exceed nine thousand pounds. The department may register and license a vehicle of this classification for which the annual biennial registration and license fee is eighty one-hundred and sixty dollars or more for an annual or one year period beginning on April first and ending on March 31 of the next year upon application to the department by the owner and the payment of one-half the specified biennial fee or for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of the appropriate fees. The registration and license fee for vehicles in this classification which are registered for the remaining twenty-four months or less of the twenty-four month biennial period or for the eleven months or less of the twelve-month year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified annual biennial fee for the remainder of the twenty-four month period or year or one-half year based on one-twelfthtwenty-fourth of the specified twelvetwenty-four-month fee for each month or part of a month remaining in the biennial registration period or and license year or one-half year. No proportionate fee may be reduced lower than ten dollars. A person making application for a registration and license for a motor vehicle of this classification shall declare the true unloaded or empty weight of the vehicle./
Amend further, page 659, left column, line 12, by striking /four/ and inserting /eight/.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 513 (Doc Name L:\council\legis\amend\CYY\15364SD.93), which was adopted.
Amend the bill, as and if amended, Part II, Section 22, by adding a new subsection to be appropriately numbered which shall read:
/( ) The 1976 Code is amended by adding:
"Section 56-3-195. (A) Beginning on July 1, 1994, each county shall mail motor vehicle registration and licensing renewal notices to the owners of vehicles in the county as determined by the Division of Motor Vehicles of the department. Such renewal notices including the fees therefor upon completion must be returned to that county which shall transmit the renewal notices to the department for processing and which shall transmit such fees to the appropriate state fund as provided by law within seven days of receipt.
(B) Every county shall have access to the motor vehicle registration and licensing records of the department as applicable to such county in the manner the county and department agree for the purpose of the county performing the functions required in subsection (A)."/
Amend the bill further, as and if amended, Part II, Section 22, by striking Section 56-3-251 of the 1976 Code, as contained on page 654 in the lefthand column and inserting:
/Section 56-3-251. (A) The Department of Highways and Public Transportation must issue biennial license plates based upon Section 56-3-253. Upon electronic notification from the county treasurer or county tax collector that personal property taxes have been paid for the second year of the biennial registration, the department must mail to the vehicle owner a validation sticker for the second year of the biennial registration period.
Upon electronic notification from the county treasurer or county tax collector to the department that the taxes have not been paid on a vehicle, the department shall suspend the vehicle registration and licensing, and driver's license, if provided a driver's license number, of the vehicle owner.
(B) All validation stickers must be issued for a period not to exceed twelve months./
Amend further, as and if amended, by deleting Section 56-3-252, as contained on page 654, and Section 56-3-254 on page 655 in their entirety.
Amend further, as and if amended, by striking subsection B. which begins on line 39 of the lefthand column on page 655 in its entirety.
Amend further, as and if amended, by deleting item (7), Section 56-3-350, which begins on line 27 of page 655 in the righthand column.
Amend further, as and if amended, by deleting item (4), Section 56-3-420, which begins on line 27 of page 656 in the righthand column.
Amend the bill further, as and if amended, by adding the following new subsections to be appropriately numbered which shall read:
/( ) Section 12-37-2610 of the 1976 Code is amended to read:
"Section 12-37-2610. The tax year for licensed motor vehicles begins with the last day of the month in which a license required by Section 56-3-110 the Department of Highways and Public Transportation is issued and ends on the last day of the month in which the license expires or is due to expire, unless the license is for a period of two years. In that case the tax year for motor vehicles for the first year of the two-year licensing period begins with the last day of the month in which a license required by law is issued and ends on the last day of the month on the next anniversary of the issue date of the license. For the second year of the two-year licensing period the tax year for motor vehicles begins with the last day of the month on the anniversary of the issue date of the license and ends on that last day of the month in which the license expires or is due to expire. No license may be issued for motor vehicles until the ad valorem tax is paid for the year for which the license is to be issued. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semiannual basis. The provisions of this section do not apply to sales of motor vehicles by a licensed motor vehicle dealer that do not involve the transfer of a license plate. Notice of the sales must be furnished to the department along with other documents necessary for the registration and licensing of the vehicle concerned. The notice must be received by the department as a prerequisite to the registration and licensing of the vehicle and must include the name and address of the purchaser, the vehicle identification number, and the year and model of the vehicle. The notice must be an original and one copy, and the copy must be provided by the department to the auditor of the county in which the vehicle is taxable. All ad valorem taxes on a vehicle are due and payable one hundred twenty days from the date of purchase. The notice and the time in which to pay the tax applies to motor vehicles that are serviced and delivered by a licensed motor vehicle dealer for the benefit of an out-of-state dealer."
( ) Section 12-37-2620 of the 1976 Code is amended to read:
"Section 12-37-2620. The tax payable on motor vehicles required to be licensed by Section 56-3-110 of the 1976 Code the Department of Highways and Public Transportation shall be determined for a twelve-month licensing period, except when the license required is for a twenty-four month licensing period. In that case the tax payable on motor vehicles required to be licensed by the department shall be determined for a twelve-month tax year for each of the two twelve-month periods contained in the biennial licensure as they respectively occur. If the actual licensing period is less than twelve months for either of the two twelve-month tax years, the tax payable shall be that proportion of the above described tax that is equal to the proportion of the number of months that the licensing period is to the twelve month period that is affected."
( ) Section 12-37-2650 of the 1976 Code is amended to read:
"Section 12-37-2650. The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must be delivered by the taxpayer to the South Carolina Department of Highways and Public Transportation with the application for the motor vehicle license and the other copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license may be issued without the receipt being attached to the application or a copy of the notification required by Section 12-37-2610 but the county treasurer may, by other means satisfactory to the department, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made. The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section. Tax bills (notices) for county assessed personal property valued in accordance with applicable Tax Commission regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."
( ) Section 12-37-2660 of the 1976 Code is amended to read:
"Section 12-37-2660. The Department of Highways and Public Transportation shall furnish the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings shall be furnished the auditor as soon as possible but no later than sixty days before the applications are mailed by the department to vehicle owners. Listings shall be in the form of computer tapes or printouts. These listings must also include the names and addresses of lienholders for the respective vehicles. However, the department shall prepare another listing for the respective counties each month for all vehicles that are licensed the second year of the two-year licensing period. This listing shall contain an updating of the prior year's list to denote vehicles in which the license or registration is transferred or cancelled."
( ) Section 12-37-2680 of the 1976 Code is amended to read:
"Section 12-37-2680. The assessed value of the vehicle shall be determined as of the first day of the month preceding that in which the license is issued the beginning of the tax year for the vehicles. The assessed values shall be published in guides or manuals by the South Carolina Tax Commission and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any vehicle is not set forth in the guide or manual the auditor shall determine the value from other available information. Any person aggrieved by the valuation of his motor vehicle may appeal to the South Carolina Tax Commission and the Commission may increase, decrease or affirm the value so determined."
( ) Sections 12-37-2670 and 12-37-2700 of the 1976 Code are repealed.
( ) Section 12-37-2725 of the 1976 Code is amended to read:
"Section 12-37-2725. When the title to a licensed vehicle is transferred, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Highways and Public Transportation. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund or credit is that proportion of the tax paid that is equal to that proportion of the complete months days remaining on the license plate and registration certificate in that tax year to the total days in the tax year that is being canceled to its whole license and registration period. The auditor shall, within five days thereafter, deliver the license plate, registration certificate, and the written request for cancellation to the Department of Highways and Public Transportation. Upon receipt thereof, the department shall cancel the license plate and registration certificate and may not reissue the same."/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 22 as amended was adopted.
Reps. BOAN, McTEER and CLYBORNE proposed the following Amendment No. 127 (Doc Name L:\council\legis\amend\DKA\4422AL.93).
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 23A., by striking 12-27-400(C) and inserting:
/(C) The expenditures to be made must be approved by a transportation committee and must be made in furtherance of the transportation plan. The transportation committee is appointed by the county legislative delegation and must have representatives from the county and municipal governments. This subsection may not be construed as prohibiting the county legislative delegation from making project recommendations to the transportation committee./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment and moved to adjourn debate upon amendment, which was adopted.
Reps. BOAN, McTEER and CLYBORNE proposed the following Amendment No. 128 (Doc Name L:\council\legis\amend\BBM\10368AL.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 23A., by striking 12-27-400(C) and inserting:
/(C) The expenditures to be made must be approved by a transportation committee. The transportation committee is appointed by the county legislative delegation and must be made up of fair representation from the municipal and unincorporated areas of the county. Funds must be expended in furtherance of a countywide transportation plan and distributed fairly among the municipal and unincorporated areas of the county. This subsection may not be construed as prohibiting the county legislative delegation from making project recommendations to the transportation committee./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. PHILLIPS proposed the following Amendment No. 203 (Doc Name L:\council\legis\amend\BBM\10382AL.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 665, Section 23 by striking Section 23A and inserting:
/A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-400. (A) The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in the account for the succeeding fiscal year and must be expended as provided for in this section.
(B) The funds allocated to the county may be used to issue revenue bonds, pay directly for appropriate projects, and match federal funds available for appropriate projects. In providing for the expenditure of 'C' funds, a majority of the legislative delegation of each county may elect one of the following three options:
(1) permit the governing body of the county to administer the county's allocations under the 'C' fund program;
(2) appoint a County Transportation Authority composed of five, seven, or nine members. The number of persons composing the County Transportation Authority must be determined by a majority of the legislative delegation.
(3) permit the local highway engineer of the Highway Division of the South Carolina Department of Highways and Public Transportation to prioritize projects from lists submitted by the governing body of the county and the governing body of all municipalities within the county.
(C) This section may not be construed as prohibiting the county legislative delegation from making project recommendations to the governing body of the county.
(D) All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(E) All expenditures of 'C' funds in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.
(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation.
(G) Regardless of the option chosen by the legislative delegation pursuant to subsection (B), the funds allocated to a county for expenditure under the 'C' fund program must be in accordance with the following formula:
(1) Fifty percent of the county's allocation must be used for the unincorporated roads in the county;
(2) twenty five percent of the county's allocation must be used for municipal roads not in the State system; and
(3) twenty five percent of the county's allocation must be used on a countywide basis for roads in the State system."
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment.
Rep. PHILLIPS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Elliott Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Haskins Hines Holt Houck Huff Hutson Jaskwhich Jennings Keegan Keyserling Kinon Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Quinn Richardson Riser Scott Shissias Simrill Smith, D. Smith, R. Spearman Stone Trotter Tucker Vaughn Waites Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Byrd Canty Inabinett Kelley Phillips Robinson Rudnick Sharpe Sheheen Stille Stoddard Stuart Thomas Waldrop Witherspoon
So, the amendment was tabled.
Reps. QUINN, FELDER, TUCKER and HASKINS proposed the following Amendment No. 439 (Doc Name L:\council\legis\amend\BBM\10390JM.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 23, page 666, right-hand column, by adding immediately after line 32 an appropriately-lettered subsection to Code Section 12-27-400, as follows:
/( ) All funds expended through this section shall be for the improvement or construction of roads and bridges in the state highway system and shall be expended through competitively bid contracts administered by the department, except that each county may directly expend up to twenty-five percent of its apportionment of 'C' construction funds for local paving or improving county roads or other local highway improvement projects./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. STUART spoke in favor of the amendment.
Rep. MEACHAM spoke against the amendment.
The SPEAKER granted Rep. SNOW a leave of absence for the remainder of the day.
Rep. MEACHAM continued speaking.
Rep. QUINN spoke in favor of the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Carnell Chamblee Clyborne Cobb-Hunter Cooper Delleney Elliott Fair Gonzales Govan Graham Harrell Hines Hodges Holt Huff Hutson Inabinett Jennings Kelley Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Robinson Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, R. Spearman Stille Stoddard Stone Thomas Townsend Trotter Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Young, A. Young, R.
Those who voted in the negative are:
Beatty Brown, J. Byrd Canty Cato Corning Cromer Davenport Felder Gamble Harrison Haskins Keegan Keyserling Neal Quinn Richardson Riser Shissias Smith, D. Stuart Tucker Wilkes Worley Wright
So, the amendment was tabled.
Reps. QUINN and CLYBORNE proposed the following Amendment No. 454 (Doc Name L:\council\legis\amend\BBM\10389JM.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 23, p. 666, right-hand side, by adding immediately after line 32 an appropriately lettered subsection to Code Section 12-27-400, as follows:
/( ) In expending funds under this section, the counties must use a procurement system which requires competitive sealed bids and public advertisement of all projects. All bids for contracts in excess of twenty five thousand dollars must be accompanied by certified bid bonds, and all work awarded under such contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were not ordered.
The house refused to table the amendment by a division vote of 23 to 69.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. CLYBORNE proposed the following Amendment No. 126 (Doc Name L:\council\legis\amend\JIC\5647HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 23, page 666, right column, by inserting an appropriately lettered subsection in Section 12-27-400 immediately after line 32 to read:
/( ) The Tax Commission shall add a line in the sales, use, and local option sales tax return form for the collection of information regarding the number of gallons of gasoline sold in each county for use in making disbursement of C funds as provided in this section./
Renumber sections & amend totals/title to conform.
Debate was resumed on Amendment No. 127 by Reps. BOAN, McTEER and CLYBORNE.
Rep. CLYBORNE moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 522 (Doc Name L:\council\legis\amend\CYY\15368SD.93), which was adopted.
Amend the bill, as and if amended, Part II, Section 23, by inserting the following at the end of subsection (B) of Section 12-27-400 which subsection begins on line 43 of page 666 in the lefthand column:
/Appropriate projects as used in this subsection include traffic and school safety improvements and devices./
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Rep. RUDNICK explained the amendment.
Rep. FARR moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 36 to 44.
The amendment was then adopted.
Reps. BOAN and QUINN proposed the following Amendment No. 523 (Doc Name L:\council\legis\amend\JIC\5650HC.93), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, SECTION 23, page 666, left column, by striking lines 38 through 42 and inserting:
/the revenues from the tax collected in the county. The State Treasurer in consultation with the Tax Commission shall develop a plan to distribute these monies on an annual basis to the counties./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Reps. FARR, KIRSH and BOAN proposed the following Amendment No. 525 (Doc Name L:\council\legis\amend\JIC\5651HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 23, page 666, left column, by striking subsection (B) beginning on line 43 and inserting:
/(B) The funds allocated to the county must be used for maintenance and construction of roads and bridges./
Renumber sections & amend totals/title to conform.
Rep. FARR explained the amendment.
Rep. R. SMITH moved to table the amendment, which was agreed to by a division vote of 74 to 13.
Section 23 as amended was adopted.
Section 24 was adopted.
Rep. ROGERS proposed the following Amendment No. 179 (Doc Name L:\h-wm\legis\amend\DH.020), which was adopted.
Amend the bill, as and if amended, Part II, Section 25, Page 668, Line 2, left column, by inserting after "Title 24" /and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24./
Amend further, Line 3, by striking /except that the shock probation facility must be funded at the level existing on June 24, 1990. Any additional funds required must be provided out of the general funds provided to the Department of Probation, Parole and Pardon Services./
Renumber sections & amend totals/title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Section 25 as amended was adopted.
Rep. ROGERS explained the section.
Rep. RUDNICK moved to adjourn debate upon the section, which was adopted.
Section 27 was adopted.
Reps. BOAN, CLYBORNE, McTEER, ROGERS, HODGES and JENNINGS proposed the following Amendment No. 493 (Doc Name L:\council\legis\amend\436\11169HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 670, SECTION 28, beginning in the left column, by striking subsection A. and inserting:
/A. Title 2 of the 1976 Code is amended by adding:
Section 2-4-10. It is the purpose of this chapter to provide a method and the resources for more efficient management of General Assembly personnel.
Section 2-4-20. (A) There is established a House of Representatives Research Office for the purpose of providing research support for standing committees of the House and individual members.
(B) Upon a majority vote of a standing committee the chairman of that respective standing committee may request the House Research Office to conduct a study, evaluation, or review of an agency considered necessary by the standing committee.
(C) Subsection (B) of this section does not preclude the assignment of House Research personnel to lessen the standing committee workload.
(D) The Speaker shall arrange for and allocate the resources necessary to complete the standing committee request.
(E) For purposes of this section, an agency is any executive or administrative department, commission, board, bureau, division, service, office, officer, authority, institution, administration, or corporate entity which is an instrumentality of the State or any other establishment having executive and administrative functions in state government, or any entity receiving directly or indirectly funds appropriated or authorized by the General Assembly.
Section 2-4-30. Office of Senate Research."/
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Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 172 (Doc Name L:\council\legis\amend\JMG\1049PM.93), which was adopted.
Amend the bill, as and if amended, Part II, Section 28,beginning on page 670, by adding a new subsection (F) to Section 2-4-30 to read:
/(F) Notwithstanding any other provisions of this chapter, the Speaker of the House and the President of the Senate may assign one or more attorneys and their stenographic support personnel of the staff of the Legislative Audit Council and the State Reorganization Commission to the Legislative Council before the staff of the Legislative Audit Council and the State Reorganization Commission are devolved upon the House and Senate Research offices as provided in this chapter./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28 as amended was adopted.
Reps. McTEER, WRIGHT and PHILLIPS proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\JIC\5589HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 29, page 671, line 1, right column, by striking subsection B and inserting:
/B. Section 59-63-20 of the 1976 Code, as last amended by Act 322 of 1990, is further amended to read:
"Section 59-63-20. It shall is not be lawful for any person who is less than five or more than twenty-one years of age to attend any of the free public schools of this State, including kindergarten, except that:
(1) Persons over twenty-one years of age may attend night schools;
(2) When a pupil is in the graduating class and becomes twenty-one years of age before graduation, he shall be is permitted to complete the term if otherwise qualified to do so;
(3) Students may enter kindergarten in the public schools of this State if they will attain the age of five on or before November September first of the applicable school year or have substantially initiated a public school kindergarten program in another state that has a different attendance age requirement from South Carolina.;
(4) Students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before November September first of the applicable school year or have substantially initiated a first grade program in another state that has a different attendance age requirement from South Carolina or have attended a public school kindergarten program for one full school year.;
(5) The restrictions in this section may be waived by the local board of school trustees in any proper case; provided, however. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district shall is not be entitled to receive any state aid for any students who fail to meet such these requirements.;
(6) Four-year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old handicapped children may participate in early intervention programs."
C. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November September first of the applicable school year in child development programs. The board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children."
D. The provisions of Sections 59-19-340, 59-63-20 and 59-65-10 of the 1976 Code, as amended by this section, are applicable as follows:
(1) to programs for four-year-old and three-year old students beginning in school year 1993-94;
(2) to kindergarten students beginning in school year 1994-95;
(3) to all students in programs for four-year-olds and three-year-olds, and grades K-12 beginning in school year 1995-96./
Renumber sections, amend totals/title to conform.
Rep. McTEER explained the amendment.
Rep. CORNING moved to adjourn debate upon the section.
Rep. MEACHAM moved to table the motion, which was agreed to.
Rep. SCOTT spoke against the amendment.
Rep. BAKER raised the Point of Order that Amendment No. 149 was out of order as it was not germane.
The SPEAKER stated that it was germane to the section and he overruled the Point of Order.
Rep. BAKER further raised the Point of Order that Section 29 was out of order as it was not germane.
Rep. McTEER argued contra the Point, citing page 126, line 11 of the Bill, in stating that it directly related to the expenditure of funds under the EIA.
The SPEAKER, citing Rule 5.3, stated that it was germane and he overruled the Point of Order.
Rep. SCOTT continued speaking.
Rep. CANTY spoke against the amendment.
Rep. CANTY continued speaking.
Rep. WHIPPER spoke against the amendment.
The SPEAKER Pro Tempore granted Reps. BARBER and WHIPPER a temporary leave of absence.
Rep. SIMRILL spoke in favor of the amendment.
Reps. MOODY-LAWRENCE, J. BROWN and CORNING spoke against the amendment.
Rep. GONZALES spoke against the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. GONZALES continued speaking.
Rep. PHILLIPS spoke in favor of the amendment.
Reps. BYRD and CORNING spoke against the amendment.
Rep. PHILLIPS spoke in favor of the amendment.
Reps. GONZALES and MOODY-LAWRENCE spoke against the amendment.
Rep. WELLS moved immediate cloture on the section, which was agreed to.
The question then recurred to the adoption of the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Boan Brown, H. Carnell Cato Chamblee Cooper Cromer Elliott Fair Farr Fulmer Gamble Graham Hallman Harrell Harris, J. Harris, P. Harrison Hodges Houck Huff Hutson Jaskwhich Keegan Kelley Kirsh Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Sturkie Townsend Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baker Baxley Beatty Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Corning Delleney Felder Gonzales Govan Harvin Harwell Haskins Hines Inabinett Jennings Kennedy Keyserling Klauber Littlejohn McMahand Neal Rudnick Scott Smith, D. Stone Thomas Tucker White Worley Young, R.
So, the amendment was adopted.
Rep. CORNING proposed the following Amendment No. 414 (Doc Name L:\council\legis\amend\WWW\30042DW.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 29, page 671, left hand column, by striking lines 22 through 43 and inserting:
/(A) All parents or guardians shall cause their children or wards to regularly attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child or ward is five years of age before November first until the child or ward attains his seventeenth birthday or graduates from high school. Any A parent or guardian whose child or ward is not six years of age after August thirty-first, but on or before the first day of November of a particular school year may elect for their child or ward not to attend kindergarten school for the year in which the child or ward attains six years of age. For this purpose, the parent or guardian must shall sign a written document making such the election with the governing body of the school district wherein in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend public or private kindergarten. A school is authorized to not place in first grade a child who does not meet the readiness criteria established by the Department of Education./
Renumber sections to conform
Amend totals and title to conform
Rep. CORNING explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. McTEER moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 46 to 29.
Rep. SCOTT proposed the following Amendment No. 531 (Doc Name L:\council\legis\amend\N05\7053BD.93), which was tabled.
Amend the bill, as and if amended, PART II, SECTION 29, line 43, page 671, after /kindergarten./, by adding:
/In lieu of kindergarten attendance, if a child, regardless of age, passes a county school board approved readiness test, he also is not required to attend kindergarten./
Renumber sections & amend totals/title to conform.
Rep. SCOTT explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Reps. MOODY-LAWRENCE and GOVAN proposed the following Amendment No. 255 (Doc Name L:\council\legis\amend\CYY\15343SD.93), which was tabled.
Amend the bill, as and if amended, Part II, Section 29, in Section 59-65-10(A), page 671, by striking /November September first/ on line 31 in the lefthand column and inserting /November first December thirty-first/ and and by striking /first day of November September/ on line 34 in the lefthand column and inserting /first day of November thirty-first day of December/.
Renumber sections & amend totals/title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. J. BROWN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 22.
Reps. QUINN and WRIGHT proposed the following Amendment No. 180 (Doc Name L:\council\legis\amend\BBM\10380HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 29, page 671, by adding a new subsection to read:
/A.1. Notwithstanding the provisions of this section, a school district may continue to use the cut-off ages as in effect on January 1, 1993, for children who have completed a private four year old kindergarten program determined acceptable by the school district./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 55 to 23.
Reps. SCOTT, BREELAND, WHIPPER, J. BROWN, BYRD and INABINETT proposed the following Amendment No. 451 (Doc Name L:\council\legis\amend\JIC\5638HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by deleting SECTION 29 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. SCOTT explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Askins Bailey, J. Barber Baxley Boan Brown, G. Brown, H. Cato Clyborne Delleney Fair Gamble Graham Hallman Harrell Harris, J. Harris, P. Harrison Hines Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Koon Lanford Law Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Phillips Rhoad Richardson Riser Rogers Sharpe Sheheen Shissias Smith, R. Spearman Stille Stone Stuart Sturkie Vaughn Waites Walker Wells Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Anderson Baker Beatty Breeland Brown, J. Byrd Carnell Corning Cromer Davenport Elliott Felder Gonzales Govan Harwell Haskins Holt Inabinett Keyserling Kirsh Klauber Littlejohn Meacham Moody-Lawrence Neal Quinn Robinson Rudnick Scott Simrill Smith, D. Thomas White Young, A.
So, the amendment was tabled.
The question then recurred to the adoption of the section.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Askins Bailey, J. Baxley Boan Brown, H. Cato Chamblee Delleney Fair Gamble Graham Hallman Harris, J. Harris, P. Harwell Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Koon Lanford Law Marchbanks Martin Mattos McAbee McCraw McTeer Meacham Phillips Rhoad Richardson Riser Rogers Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Sturkie Townsend Vaughn Waites Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baker Beatty Breeland Brown, G. Carnell Corning Cromer Davenport Elliott Felder Gonzales Govan Harvin Haskins Hines Inabinett Kennedy Keyserling Kirsh Klauber Littlejohn McMahand Moody-Lawrence Neal Quinn Robinson Rudnick Scott Smith, D. Stone Thomas White
So, Section 29 as amended was adopted.
Rep. HASKINS raised the Point of Order that Section 30 was out of order as it was not germane.
Rep. McTEER stated that the effect of the section would mean that some people who were taking classes now that were required in the program which was physical education would no longer be taking those classes and there was evidence to show that about 2000 students would no longer take classes that were currently required to take them and the only way it could be germane would be if the districts would no longer have to use the money to have these programs in existence any longer.
The SPEAKER sustained the Point of Order and ordered the section stricken from the Bill.
Rep. RUDNICK proposed the following Amendment No. 533 (Doc Name L:\council\legis\amend\JIC\5655SD.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 31, in subsections (D) and (E), by adding an appropriately numbered item before the last item of each subsection to read:
/( ) current compensatory and remedial programs;/
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 56 to 1.
Section 31 was adopted.
Rep. McTEER explained the section.
Section 32 was adopted.
Section 33 was adopted.
Reps. RHOAD, SNOW, RISER, WITHERSPOON and TROTTER proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\DKA\4333AL.93), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 2 OF THE 1976 CODE, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 24 SO AS TO CREATE THE JOINT LEGISLATIVE COMMITTEE ON AGRICULTURE AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.
Title 2 of the 1976 Code is amended by adding:
Section 2-24-10. There is created a joint legislative committee of eighteen members, six of whom are members of the Senate to be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee; six of whom are members of the House of Representatives to be appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee; and six members to be appointed by the Governor. The Governor's appointees must not be members of the Legislature. At its first meeting, the committee shall organize by selecting from its membership a chairman, vice-chairman, secretary, and other officers as the committee may determine.
Section 2-24-20. The committee shall act as a continuing liaison group to study the programs and problems of agriculture in the State, recognizing the importance of agriculture to the total economy of the State, and recognizing the necessity of making agriculture more productive and more profitable. The committee shall make reports and recommendations as it determines necessary.
Section 2-24-30. The members of the committee are allowed the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees which must be paid from approved accounts of both Houses."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\JIC\5541HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-99 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO COLLECT BY PAYROLL DEDUCTION PARKING FEES ASSESSED FOR THE USE OF STATE-OWNED OR STATE-OPERATED PROPERTY.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-99. The Comptroller General, at the request of a state employee, may by payroll deduction collect and pay over to the appropriate entity fees assessed the employee for parking on state-owned or state-operated property."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. KIRSH proposed the following Amendment No. 75 (Doc Name L:\council\legis\amend\JIC\5557HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 25-1-3235 SO AS TO PROVIDE THAT PERSONS ENLISTING IN THE NATIONAL GUARD AFTER JUNE 30, 1993, ARE INELIGIBLE TO RECEIVE THE STATE NATIONAL GUARD PENSION AND TO ESTABLISH THE NATIONAL GUARD PENSION FUND, WHICH MUST BE MANAGED BY THE STATE BUDGET AND CONTROL BOARD AS OTHER STATE RETIREMENT SYSTEM FUNDS ARE MANAGED FOR THE PAYMENT OF NATIONAL GUARD PENSIONS, TO PROVIDE FOR THE INVESTMENT OF THE FUND BY THE STATE TREASURER, TO REQUIRE ANNUAL APPROPRIATIONS TO THIS FUND IN AN AMOUNT SUFFICIENT TO ESTABLISH and MAINTAIN THE FUND ON AN ACTUARIAL BASIS; AND TO AMEND SECTION 25-1-3240, RELATING TO THE ADMINISTRATION OF NATIONAL GUARD PENSIONS, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THE NATIONAL GUARD PENSION FUND.
A. Article 23, Chapter 1, Title 25 of the 1976 Code is amended by adding:
"Section 25-1-3235. (A) Notwithstanding any other provision of this article, a person who becomes a member of the National Guard after June 30, 1993, is ineligible to receive the pension authorized by this article.
(B) There is established the National Guard Pension Fund which must be managed by the State Budget and Control Board as other state retirement system funds are managed. The State Treasurer shall invest the fund as the funds of other state retirement systems are invested. This fund, together with monies that may be appropriated for the purpose, must be used to pay the pensions authorized by this article. The General Assembly annually shall appropriate sums sufficient over time to establish and maintain the fund on an actuarial basis as determined by the State Budget and Control Board."
B. Section 25-1-3240 of the 1976 Code is amended to read:
"Section 25-1-3240. Except as provided in Section 25-1-3235, The the provisions of this article shall must be administered by the adjutant general of the State of South Carolina this State. The adjutant general shall may not employ additional personnel to administer this article."
C. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 94 (Doc Name L:\council\legis\amend\JIC\5539HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND SECTION 44-2-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS AND THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND FOR PURPOSES OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988, SO AS TO DEFINE "COMMITTED FUNDS" AND PROVIDE FOR THE USE OF SUCH COMMITTED FUNDS IN THE OPERATION OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND.
A. Section 44-2-20 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding:
"(15) 'Committed funds' means the portion of the Superb account reserved as a result of action by the department to approve costs for planned site rehabilitation activities."
B. Section 44-2-40(C) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:
"(C) The Superb Account must be used by the department for carrying out the purposes of this chapter. The fund must be credited with all fees, charges, commitments, and judgments allowable under this chapter. Charges against the Superb Account may be made only in accordance with the provisions of this chapter. On July 1, 1992, the department shall transfer from the Superb Account into the Superb Financial Responsibility Fund that amount in the Superb Account exceeding fifteen million dollars but in no event shall the amount transferred exceed three million five hundred thousand dollars. For the period July 1, 1992, until June 30, 1993, at any time the balance of the Superb Account exceeds fifteen million dollars, the one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) must be credited to the general fund of the State until that time the balance of the Superb Account becomes less than five million dollars. Beginning July 1, 1993, at any time the balance of the Superb Account exceeds fifteen million dollars, the department shall transfer the funds generated by the one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) into the Superb Financial Responsibility Fund until that time the balance of the Superb Account becomes less than five million dollars. Beginning July 1, 1993, if the combined balance of the Superb Account and the Superb Financial Responsibility Fund reaches the uncommitted sum of eighteen and one-half million dollars, the department shall transfer the funds generated by the one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) to the State Treasurer for deposit in the general fund. Committed funds for site rehabilitation activity revert to uncommitted status after four months of initiation of commitment if no invoices for that commitment have been received by the department or if no payment has been made by the department within ninety days after receipt by the department of invoices for the committed funds. The one hundred dollar registration fee may be used by the department for the administration of the underground petroleum storage tank regulatory program established by this chapter. The amount used for administration of the program may not exceed three million dollars a year."
C. This section takes effect July 1, 1993./
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 98 (Doc Name L:\council\legis\amend\JIC\5543HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND SECTION 8-27-30 OF THE 1976 CODE, RELATING TO THE PROTECTION OF PUBLIC EMPLOYEES UNDER THE "WHISTLEBLOWER'S ACT", SO AS TO PROVIDE THAT THE RELIEF ALLOWED IN A CIVIL ACTION UNDER THAT STATUTE IS LIMITED TO REINSTATEMENT, LOST WAGES, AND ACTUAL DAMAGES NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS.
A. Section 8-27-30(A) of the 1976 Code, as added by Act 354 of 1988, is amended to read:
"(A) It is presumed that an employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within one year after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body; within one year after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement; or within one year after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 8-27-20 was wrongfully treated in one or more ways described in this subsection, whichever may be applicable. If the employee was wrongfully treated he may institute a civil action either for damages or for reinstatement to his former position, and lost wages, or for both, in a jury or a nonjury proceeding and actual damages not to exceed twenty-five thousand dollars, in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred."
B. This section is effective with respect to civil actions filed after June 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
I abstained from voting on Amendment #98 which deals with the S.C. Whistleblower Act because it could be a potential conflict of interest due to one fact that members of my law firm practice in this area.
Rep. JAMES L.M. CROMER, JR.
Rep. RUDNICK proposed the following Amendment No. 104 (Doc Name L:\council\legis\amend\JIC\5565HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TOBACCO TAX, SO AS TO INCREASE THE CIGARETTE TAX FROM SEVEN TO TWELVE CENTS A PACK, 35% FOR EDUCATION AND 65% FOR THE GENERAL FUND.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half six mills on each cigarette;"
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
Rep. KENNEDY moved to table the amendment, which was agreed to by a division vote of 71 to 12.
Rep. CORNING proposed the following Amendment No. 112 (Doc Name L:\council\legis\amend\BBM\10370JM.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO PROVIDE A TAX RATE OF 3.15 PERCENT ON THE SALE OR LEASE OF MOTOR VEHICLES AND MOTORCYCLES WITH A TOTAL TAX NOT TO EXCEED FIFTEEN HUNDRED DOLLARS AND TO PROVIDE THAT COMMERCIAL VEHICLES WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT IN EXCESS OF TEN THOUSAND POUNDS QUALIFY FOR THE THREE HUNDRED DOLLAR MAXIMUM TAX.
A. Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"(A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(1) Notwithstanding the rates of tax imposed by this chapter, a rate of 3.15 percent is imposed on the sale or lease of motor vehicles and motorcycles with a total tax not to exceed fifteen hundred dollars, and there is imposed a tax of five percent, but not more than three hundred dollars, on the sale or lease of each:
(a) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(b) boat;
(c) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(d) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;
(e) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower; or
(f) commercial vehicles with a manufacturer's gross vehicle weight rating in excess of ten thousand pounds.
(2) In the case of a lease of an item subject to the tax limit imposed by item (l) of this subsection, the total tax rate required by law applies on each payment until the total tax paid equals the maximum tax. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment.
Rep. HARWELL spoke against the amendment.
Rep. HARWELL moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Baker Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chamblee Clyborne Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Graham Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McLeod McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Simrill Smith, D. Smith, R. Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Keyserling Rudnick Sheheen Waites Whipper White
So, the amendment was tabled.
Reps. WHITE, COBB-HUNTER, ROGERS, SCOTT, GOVAN, J. BROWN, BREELAND and WHIPPER proposed the following Amendment No. 118 (Doc Name L:\council\legis\amend\DKA\4423AL.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-27-1320, AS AMENDED, OF THE 1976 CODE, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY DISADVANTAGED MINORITIES OR FEMALES, SO AS TO INCLUDE ALL "C" FUNDS IN THE TOTAL STATE SOURCE HIGHWAY FUNDS.
Section 12-27-1320(A) of the 1976 Code, as last amended by Section 28B, Part II, Act 612 of 1990, is further amended to read:
"(A) Of total state source highway funds, including revenues generated by Section 12-27-400, expended in a fiscal year on highway, bridge, and building construction, and building renovation contracts, the Department of Highways and Public Transportation and counties shall ensure that not less than:
(1) five percent are expended through direct contracts with estimated values of two-hundred fifty thousand dollars or less with small business concerns owned and controlled by socially and economically disadvantaged ethnic minorities (MBEs); and
(2) five percent are expended through direct contracts with estimated values of two-hundred fifty thousand dollars or less with firms owned and controlled by disadvantaged females (WBEs).
The two hundred fifty thousand dollars value limits may be raised in the discretion of the department as MBEs/WBEs are able to provide bondability."
Renumber sections & amend totals/title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. FARR a leave of absence for the remainder of the day.
Reps. PHILLIPS, BAXLEY and JENNINGS proposed the following Amendment No. 135 (Doc Name L:\council\legis\amend\BBM\10371AL.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 56-3-670 OF THE 1976 CODE, RELATING TO THE LICENSING OF FARM TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM TRAILERS.
Whereas, the General Assembly recognizes the importance of agriculture to the well-being of both the citizens and the economy of the State; and
Whereas, in order for agriculture to perform at peak levels, the highway laws should be updated to allow the modern and more efficient agricultural equipment to safely operate on the state's highways and roads; and
Whereas, agricultural equipment is rarely on the highways for an extended period of time, but farmers must be able to move commodities safely when needed. Now, therefore,
A. Section 56-3-670 of the 1976 Code is amended to read:
"Section 56-3-670. (A) For the purpose of this section 'farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. However, farm trucks, with an empty weight of less than 7,500 pounds, may be used for ordinary, domestic purposes and general transportation, but must not be used to transport persons or property for hire.
(B) The department shall issue to bona fide farmers special farm vehicle licenses for farm trucks for a fee as outlined below provided in this subsection according to the maximum empty weight of the truck:
Empty weight of truck not to exceed License to be issued Fee
(1) 5,000 pounds: 4 ton or more: $5.00 12.00;
(2) 7,500 pounds: 6 ton or more: $10.00 12.00;
(3) 10,500 pounds: 8 ton or more: $15.00;
(4) 12,500 pounds: 10 ton or more: $30.00;
(5) 12,501 pounds and above:
(a) 15 ton or more: $60.00;
(b) 20 ton: $80.00;
(c) 25 ton: $100.00;
(d) 30 ton: $120.00.
(C) Any A person who shall certify certifies to the department that he is a bona fide farmer and who, is issued a farm license plate for the purpose as defined herein in this section, and who uses such the license plate for purposes other than those defined shall be is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than two hundred dollars or imprisoned for not more than thirty days, or both."
B. Section 56-5-4020 of the 1976 Code is amended to read:
"Section 56-5-4020. (A) Except as provided in subsection (2) of Section 56-5-4140(2), the provisions of this article governing size, weight, and load do not apply to fire apparatus, road machinery or implements, and products of husbandry, including farm tractors, timber equipment, liquid fertilizer storage facilities, and vehicles or combinations of vehicles used to transport, store, or spread lime, nitrogen, or other soil improvement products for agricultural purposes, moved upon the highways so as not to damage the highways nor unduly interfere with highway traffic, or to vehicles operated under terms of special permits issued pursuant to the provisions of this chapter. Such The exemptions do not apply to the provisions of Section 56-5-4230. With regard to vehicles or combinations of vehicles used to transport, store, or spread soil improvement products and to transport products of husbandry exempted pursuant to this section, the owners must shall obtain an annual permit to operate the vehicle as provided for in Section 56-5-4170 which prescribes the specific conditions of the exemption.
(B) For purposes of this section, 'timber equipment' means implements of silviculture including, but not limited to, machinery used in establishing, tending, harvesting, and protecting forest crops such as tree shears, chippers, slashers, log loaders, skidders, and fellers.
(C) None of the vehicles or devices exempted by this section may exceed twelve feet in width, except farm implements which may not exceed sixteen feet in width, and they may be moved only in clear weather conditions during daylight hours.
(D) Farm implements are restricted to a twenty-mile radius of the farm operation center and a maximum speed of twenty miles an hour."
C. The first paragraph of Section 56-5-4150 of the 1976 Code, as last amended by Act 498 of 1992, is further amended to read:
"The department upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the department or in excess of the limitations set forth in this chapter. A person making application for a 'farm truck' license shall declare, in the form prescribed by the department, the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds."
D. The first paragraph of Section 56-5-4185 of the 1976 Code, as added by Act 35 of 1991, is amended to read:
"Notwithstanding Section 56-5-4030 or any other provision of this chapter, the department shall issue, under terms and conditions as in its judgment that are in the public interest for safety on the highways, an open end or annual permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually and it allows movement on the highways at any time. For the purposes of this section, 'cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must not exceed a width of one hundred seven inches and must not exceed a length of forty-six fifty feet extreme overall dimensions and inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for any a person to violate any provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles may not be operated on interstate highways. The department may promulgate regulations to carry out the provisions of this section."
E. Section 56-5-4900 of the 1976 Code, as last amended by Act 479 of 1992, is further amended to read:
"Section 56-5-4900. Sections 56-5-4850 to 56-5-4900 56-5-4890 do not apply to trailers, not exceeding twelve eight thousand pounds gross weight, which are pulled behind farm tractors or trucks and used in the transportation of farm products and articles to and from farms. These trailers may not exceed a speed of twenty miles an hour. However, farm trailers exceeding eight thousand pounds gross weight, excluding gooseneck-type trailers, which are not equipped with brakes must be pulled behind farm tractors or behind trucks rated by the manufacturer as having a load capacity of at least one ton and having at least four wheels on the rear axle must be pulled by tow vehicles whose empty vehicle weight is at least one-half of the farm trailer's gross vehicle weight. These trailers so pulled may not exceed a speed greater than twenty of thirty miles per an hour and may only be pulled in clear weather conditions and when pulled by a truck, and not a tractor, must have displayed on the rear signal lamps in accordance with Section 56-5-4730.
Two small tobacco trailers may be pulled in tandem if:
(1) the maximum trailer length of each trailer is thirteen feet six inches;
(2) the maximum gross weight of each trailer is 3,000 pounds;
(3) the maximum speed is twenty miles an hour;
(4) within a twenty-mile radius of the operations center; and
(5) operated in daylight hours only.
Notwithstanding any other provision of this section or of this chapter, all farm and tobacco trailers when towed must be secured by a pintle hook, spring-load latch, safety lock hitch pin, or equivalent mechanism and also must be equipped with and shall have in use safety chains secured by a spring-loaded latch or other mechanism to ensure positive closure under loaded, operating conditions when the trailers are used to haul farm products and articles on the roads, streets, or highways of this State."
F. This section takes effect upon approval by the Governor./
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Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 136 (Doc Name L:\council\legis\amend\JIC\5586HC.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 59-18-30 OF THE 1976 CODE, RELATING TO EDUCATIONAL PROGRAM QUALITY SCREENING, SO AS TO CHANGE REFERENCES TO A SCHOOL DISTRICT THAT IS "SERIOUSLY IMPAIRED" TO A DISTRICT "IN GREATEST NEED".
A. The fifth paragraph of Section 59-18-30 of the 1976 Code is amended to read:
"When the screening process indicates that the quality of education in a given school district is seriously impaired in greatest need, the State Superintendent, with the approval of the State Board of Education shall appoint a Review Committee to study educational programs in that district and identify factors afecting the impairment of quality and, no later than the end of the school year, make recommendations to the State Board of Education for corrective action. Within 30 thirty days thereafter the State Department of Education shall notify the superintendent and district board of trustees of the recommendations approved by the State Board of Education. Such The Review Committee shall must be composed of State Department of Education staff, representative(s) from selected school districts, representative(s) from higher education, and one or more non-educator(s) noneducators."
B. This section takes effect July 1, 1993./
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Rep. McTEER explained the amendment.
Rep. LITTLEJOHN spoke against the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 136 was out of order as it was not germane in that it did not relate to a line item.
SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. WILKINS proposed the following Amendment No. 142 (Doc Name L:\council\legis\amend\436\11133SD.93), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to PART II to be appropriately numbered which shall read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-17 SO AS TO PROVIDE THAT A DEPARTMENT DIRECTOR, CONSTITUTIONAL OFFICER, AGENCY DIRECTOR, STATE BOARD OR COMMISSION, OR GOVERNING BODY OF ANY OTHER ENTITY OF STATE GOVERNMENT WHOSE DEPARTMENT, OFFICE, AGENCY, BOARD, COMMISSION, OR ENTITY EMPLOYS A LOBBYIST, AS DEFINED IN SECTION 2-17-10, WHO IS NOT A FULL-TIME EMPLOYEE OF THE STATE MUST PROVIDE IN A TIMELY FASHION COPIES OF THE DISCLOSURE STATEMENTS AND REPORTS FILED BY THE LOBBYIST WITH THE SECRETARY OF STATE OR STATE ETHICS COMMISSION BY MAIL TO THE HOME ADDRESS OF EACH MEMBER OF THE BOARD, COMMISSION, OR GOVERNING BODY, AUTHORITY OR OFFICIAL OF SUCH DEPARTMENT, AGENCY, OR ENTITY.
The 1976 Code is amended by adding:
"Section 2-17-17. A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity employs a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the state must provide in a timely fashion copies of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the board, commission, or governing body, authority or official of such department, agency, or entity."/
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Rep. WILKINS explained the amendment.
Rep. JENNINGS raised the Point of Order that Amendment No. 142 as it was not germane as it did not relate to revenue and an appropriation in the year provided for in the Bill.
Rep. HASKINS argued contra the Point in stating that it was germane in that the amendment related directly to appropriations to state agencies in Part I and directed the terms under which they can use the monies that are appropriated in hiring an outside lobbyist.
The SPEAKER stated that the amendment stated that if they hired them and it did not prohibit it or require them to do it, but only to disclose it and this did not directly relate to a line item in Part I.
Rep. HASKINS stated that if they did not hire them, then they could not disclose it and this would be a regulation of the money that was appropriated to the agency.
The SPEAKER stated that it was not germane under Rule 5.3 and he sustained the Point of Order and ruled the amendment out of order.
Reps. GAMBLE, A. YOUNG, SHISSIAS, ROBINSON, CROMER, CATO, BAKER and CLYBORNE proposed the following Amendment No. 167 (Doc Name L:\council\legis\amend\CYY\15334SD.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 2-1-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL INCREASES IN THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT BEGINNING WITH THE 2005 SESSION, ANY MEMBER OF THE GENERAL ASSEMBLY WHO HAS SERVED AT LEAST TWELVE CONSECUTIVE YEARS AS A MEMBER OF ONE PARTICULAR BODY SHALL NOT RECEIVE ANY COMPENSATION FOR SUCH SERVICE EXCEPT FOR MILEAGE AND SUBSISTENCE.
Section 2-1-185 of the 1976 Code is amended to read:
"Section 2-1-185. Beginning with compensation paid to members of the General Assembly for the 1991 session, the compensation of members of the General Assembly must be increased annually by the same total percentage of cost of living adjustments provided for state employees' salaries in the last completed fiscal year before the applicable session of the General Assembly.
Beginning with the 2005 session, any member of the General Assembly who has served at least twelve consecutive years as a member of one particular body shall not receive any compensation for such service except for mileage and subsistence./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 167 was out of order as it was not germane in that it affected the 2005 Session and it did not affect this Appropriations Bill.
Rep. GAMBLE argued contra the Point in stating that there was precedence, citing legislation that passed in Part II in 1989. She further stated that it was a provision that established the salary starting in 1991.
The SPEAKER stated that the requirement of Rule 5.3 stated that any provision that is put in Part II has to directly relate to a line item expenditure in Part I.
Rep. GAMBLE stated that this was done in 1989.
The SPEAKER stated that you had to present the Point of Order and the Ruling from 1989 if there was one and if this made it germane.
Rep. CROMER stated that if the salary of legislators was a line item in Part I of the bill as a recurring expenditure and if the amendment directly dealt with that line item in Part I in the year 2005, then it would be germane today.
The SPEAKER stated that the amendment repeated Section 2-1-185 which was currently in the law and then it added new language beginning with the year 2005 and that could not possibly relate to any money in Part I of the bill for an appropriation in the year 1993-94 and he sustained the Point of Order and ruled the amendment out of order.
Rep. GAMBLE proposed the following Amendment No. 212 (Doc Name L:\council\legis\amend\436\11138AC.93), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1640 SO AS TO REQUIRE THAT A PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT AND A PERSON EIGHTEEN YEARS OF AGE OR OLDER RESIDING IN THAT HOME MUST UNDERGO A STATE LAW ENFORCEMENT DIVISION AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW BEFORE THE PERSON MAY BE LICENSED AS A FOSTER PARENT; AND TO PROVIDE THAT A FEE FOR A FEDERAL BUREAU OF INVESTIGATION REVIEW MUST BE PAID BY THE INDIVIDUAL.
The 1976 Code is amended by adding:
"Section 20-7-1640. (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 reviews have been conducted and the results submitted to the Department of Social Services.
(B) Any fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual." /
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Rep. GAMBLE explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 212 was out of order as it was not germane.
The SPEAKER stated that it did directly relate to a line item in the bill on page 431, Foster Care Program in the Department of Family Service, and he overruled the Point of Order.
The amendment was then adopted.
The SPEAKER granted Rep. KLAUBER a leave of absence.
Reps. HUFF, McMAHAND, DELLENEY, M.O. ALEXANDER, MARCHBANKS, NEAL, R. SMITH, STURKIE, WALKER, FAIR, WELLS, LITTLEJOHN, RISER, HUTSON, WAITES, HINES, STONE, TROTTER, ALLISON, HASKINS, GOVAN, ROBINSON, HODGES and DAVENPORT proposed the following Amendment No. 215 (Doc Name L:\council\legis\amend\JIC\5569HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT NO VIDEO GAME WITH A FREE PLAY FEATURE MAY BE LICENSED OR RELICENSED AFTER JUNE 30, 1993; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-33-65 SO AS TO INCREASE THE ALCOHOLIC LIQUORS, MINIBOTTLES, AND BEER AND WINE LICENSE TAXES.
A. Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:
"(3) a machine of the nonpayout type, in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player in which the course of the balls may be altered or changed. However, no video game with a free play feature may be licensed or relicensed after June 30, 1993."
B. Article 1, Chapter 33, Title 12 of the 1976 Code is amended by adding:
"Section 12-33-65. In addition to the taxes imposed by this title on alcoholic liquors and beer and wine, and imposed by Title 61 on minibottles, there are imposed additional taxes as follows:
(1) alcoholic liquor--five cents for each eight ounces or fraction of eight ounces and the metric equivalent for alcoholic liquor sold in metric size containers;
(2) alcoholic liquor--two dollars on each standard case of alcoholic liquor sold;
(3) alcoholic liquor and beverages sold in sealed containers of two ounces or less--seven cents a container;
(4) beer--thirteen hundredths of a cent an ounce."
C. This section takes effect July 1, 1993./
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Rep. HUFF explained the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 215 was out of order as it was a general tax increase that affected over 50 percent of the population and this could not be a part of the Appropriations Bill. He further stated that anyone over 21 years of age would have this law apply to them and that was 68 percent of the population.
The SPEAKER stated that 68 percent of the population would have the opportunity to purchase alcohol and that there was nothing that said that percent of the population did this.
Rep. QUINN stated that the law would apply to them and that there was a study by the Alcohol and Drug Abuse Commission which stated that overall 52 percent of the population use alcohol.
The SPEAKER stated that 50 percent of the population would have to buy alcohol and that this tax would have to apply to them and if it did not, then it did not meet the test of Section 11-11-440.
Rep. HUFF argued contra the Point in stating that the total population going from age 21 to age 75 plus had data that was the same Rep. Quinn was referring to, but you had to look at what percentage of those demographic groups consumed alcohol and this did not necessarily relate to purchasing. He further stated that when these figures were broken down that it did not affect 50 percent of the population.
Rep. CROMER inquired if using the population census count included individuals under the age of 21.
The SPEAKER stated that Section 11-11-440 was the Code Section which stated that tax increases and new general taxes as used in this Section mean tax increases and new taxes which apply to over 50 percent of the population as a whole and that meant it had to be shown that the tax would apply to 1,743,352 people, the population as a whole.
Rep. QUINN moved that the House recede for five minutes, which was rejected by a division vote of 30 to 47.
Rep. CORNING moved that the House do now adjourn and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Lanford Martin
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Baker Barber Baxley Breeland Brown, G. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Fair Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kirsh Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Neal Neilson Phillips Quinn Richardson Robinson Rogers Rudnick Scott Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. QUINN spoke against the amendment.
Rep. WILKES inquired if even though the tax might apply to adults buying alcohol, then it would also affect their children when the tax would be taken away from the parents.
The SPEAKER stated that there would have to be figures showing that more than at least 50 percent of the population at least drink alcohol.
Rep. WILKES inquired if it stated affected by.
The SPEAKER stated that it stated applied to.
The SPEAKER stated that it did not apply to 50 percent of the population and he overruled the Point of Order.
Rep. R. YOUNG moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Corning Cromer Fulmer Gamble Gonzales Graham Hallman Harrell Harris, P. Harrison Harwell Holt Inabinett Jennings Keegan Kelley Kennedy Keyserling Kirsh Law Martin McAbee McKay McLeod Meacham Quinn Richardson Riser Rogers Rudnick Scott Shissias Simrill Spearman Stille Stoddard Stuart Sturkie Thomas Townsend Tucker Whipper White Wilder, J. Wilkes Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Baxley Boan Brown, H. Cato Chamblee Clyborne Cooper Davenport Delleney Fair Govan Harris, J. Haskins Hines Hodges Huff Hutson Jaskwhich Koon Lanford Littlejohn Marchbanks Mattos McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Robinson Sharpe Sheheen Smith, D. Smith, R. Stone Trotter Vaughn Waites Walker Wells Wilder, D. Wilkins
So, the amendment was tabled.
I voted no to tabling Amendment 215 (Ban video poker & Tax increase on beer, liquor) so as to allow a motion to divide the question. At that point, I would have voted to ban video poker and no the tax increase.
Rep. HARRY F. CATO
I voted "aye" to table Amendment # 215 after unsuccessfully moving to divide the question. Had my motion not been superseded by Rep. R. YOUNG's motion to table, I would have voted to ban the video poker payoffs and voted against the tax increase. We need to find other money to replace the $30 million before raising any new tax.
Rep. JAMES L.M. CROMER, JR.
I voted to table Amend # 215, because it would increase taxes. I will vote to outlaw video poker machines in the Bill with no tax increase.
Reps. J. GARY SIMRILL, DAVID A WRIGHT, BECKY MEACHAM, ANNETTE YOUNG, RICHARD M. QUINN, JR.
Rep. QUINN proposed the following Amendment No. 241 (Doc Name L:\council\legis\amend\DKA\4434AL.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-20 SO AS TO PROVIDE THAT A STATE EMPLOYEE WHOSE ANNUAL COMPENSATION IS IN EXCESS OF NINETY THOUSAND DOLLARS MAY NOT RECEIVE SUPPLEMENTAL EMPLOYMENT OR INCOME FROM SOURCES OUTSIDE THE STATE AGENCY PRIMARILY EMPLOYING HIM WHEN THE SUPPLEMENTAL INCOME IS DERIVED FROM THE STATE, TO PROVIDE FOR THE CAP TO BE RAISED FOR INFLATION, AND TO PROVIDE EXCEPTIONS.
A. The 1976 Code is amended by adding:
"Section 8-15-20. (A) As of July 1, 1993, an officer or employee of the State or any of its political subdivisions, departments, or agencies whose annual compensation, as determined by the General Assembly, is in excess of ninety thousand dollars plus increases attributable to annual cost of living adjustment granted to all state employees, may not accept supplemental employment or income from an employer outside the entity primarily employing him when the supplemental employment or income is derived from funds appropriated by the General Assembly.
(B) This section does not apply to:
(1) employees whose primary employer is a state-supported institution of higher education where the supplemental employment or income is through grants, foundations, or other sources for research, educational, artistic, or similar purposes. However, funds from a state-supported institution of higher education may not be used to supplement salaries of employees whose primary employment is outside the institution's system;
(2) employees whose supplemental income is derived from service in the South Carolina State Guard;
(3) members of the judiciary;
(4) medical doctors who are primary care providers; and
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. BOAN spoke against the amendment.
The SPEAKER granted Rep. JASKWHICH a leave of absence for the remainder of the day.
Rep. VAUGHN spoke in favor of the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 53 to 35.
Reps. SHARPE, HUFF, STONE and SMITH proposed the following Amendment No. 242 (Doc Name L:\council\legis\amend\WWW\30037DW.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTIONS 4-9-30 and 5-7-30, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE POWERS CONFERRED ON COUNTIES AND MUNICIPALITIES, SO AS TO AUTHORIZE THEM TO REGULATE THE DAYS AND HOURS OF OPERATION OF VIDEO POKER MACHINES.
A. Section 4-9-30 of the 1976 Code, as last amended by Act 114 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) To regulate, by ordinance, the days and hours of operation of coin-operated machines licensed by the South Carolina Tax Commission pursuant to the provisions of Section 12-21-2720(A)(3);"
B. The first paragraph of Section 5-7-30, of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of such an exempt entity is subject to the business license tax; regulate, by ordinance, the days and hours of operation of coin-operated machines licensed by the South Carolina Tax Commission pursuant to the provisions of Section 12-21-2720(A)(3); borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding two hundred dollars or imprisonment not exceeding thirty days."/
Renumber sections & amend totals/title to conform.
Rep. SHARPE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 242 was out of order as it was not germane.
Rep. HASKINS argued contra the Point in stating that it directly affected revenue.
The SPEAKER stated that it was not germane as it amended Title 4, Section 9, which was Municipal Powers of Government and Title 5, Section 7, and neither one of these affected revenue and he sustained the Point of Order and ruled the amendment out of order.
Reps. KEYSERLING, CANTY, COBB-HUNTER, WHIPPER, DELLENEY and WHITE proposed the following Amendment No. 252 (Doc Name L:\council\legis\amend\JIC\5607HC.93), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO IMPOSE A FOUR PERCENT SALES AND USE TAX ON THE FIRST SIX THOUSAND DOLLARS ON THE SALE OR LEASE OF A MOTOR VEHICLE AND FIVE PERCENT ON AMOUNTS IN EXCESS OF SIX THOUSAND DOLLARS, BUT NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS, TO EXEMPT FOOD FROM SALES TAX, TO IMPOSE A THREE PERCENT SALES AND USE TAX ON MANUFACTURING AND UTILITIES FUEL, TO IMPOSE A TWO PERCENT SALES AND USE TAX ON MACHINERY USED IN MANUFACTURING AND PROCESSING, TO EXEMPT FROM SALES TAX THE FIRST ONE THOUSAND KILOWATT HOURS OF ELECTICITY USED MONTHLY FOR RESIDENTIAL PURPOSES, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION ALLOWED EQUIPMENT AND ELECTRICITY SOLD TO BROADCASTERS, AND TO IMPOSE A SALES AND USE TAX OF SIX-TENTHS OF ONE PERCENT ON ALL OTHER PREVIOUSLY EXEMPT ITEMS.
A. Notwithstanding the provisions of Section 12-36-2110(A)(2) of the 1976 Code, effective for sales or leases made or executed after June 30, 1993, the tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code on the sale or lease of a motor vehicle is four percent on the first six thousand dollars and five percent on amounts in excess of six thousand dollars, but not more than one thousand five hundred dollars.
B. Notwithstanding any other provision of law and effective July 1, 1993, the tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code does not apply to food which lawfully may be purchased with United States Department of Agriculture food stamps.
C. Notwithstanding any other provisions of law and effective July 1, 1993, a sales and use tax equal to three percent is imposed on items previously exempt pursuant to Section 12-36-2120(9) of the 1976 Code.
D. Notwithstanding any other provisions of law and effective July 1, 1993, a sales and use tax equal to two percent is imposed on items previously exempt pursuant to Section 12-36-2120(17) of the 1976 Code.
E. Notwithstanding any of the provisions of law and effective July 1, 1993, the sales and use tax exemption for residential electricity pursuant to Section 12-36-2120(33) of the 1976 Code applies only with respect to the first one thousand kilowatt hours in any one monthly billing cycle.
F. Section 12-36-2120 of the 1976 Code is amended by deleting item (26) which reads:
"(26) all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;"
G. Notwithstanding any other provision of law and effective July 1, 1993, a sales and use tax equal to six-tenths of one percent is imposed on all items previously exempt from sales and use tax pursuant to Section 12-36-2120 of the 1976 Code unless some different sales tax treatment is provided for these items by this section. This tax does not apply to transactions exempt from state taxes by the Constitution of the United States.
H. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. KEYSERLING explained the amendment.
Rep. CLYBORNE raised the Point of Order that Amendment No. 252 was out of order as it was not germane in that it affected over 50 percent of the population.
Rep. HODGES argued contra the Point in stating that there was precedence from 1988 or 1989 which a Point of Order was raised by Rep. McCain.
Rep. QUINN stated that Section 11-11-440 was clear about new taxes and general tax increases and this looked at old taxes too.
The SPEAKER stated that on March 15, 1990, that Rep. Hodges, Rep. McEachin and Rep. McElveen had an amendment which reduced the rate of tax by repealing all of the exemptions and reducing the rate of tax to 3.25 percent. He further stated that the Point of Order was raised by Rep. Holt that it was a general tax increase which affected over 50 percent of the population and he had overruled the Point of Order because it reduced the general tax from 5 percent to 3.25 percent. He further stated that the amendment up now increased certain taxes and reduced other taxes.
Rep. McABEE stated that the amendment dealt with exemptions rather than increasing the tax.
The SPEAKER stated that the increase was a sales tax when the exemption was removed.
Rep. McABEE stated that there was an existing tax already in place and these were exemptions from those existing taxes.
The SPEAKER stated that when the exemption was removed the increase was the tax and if the increase affected over 50 percent of the population, then it was not allowed in this bill under Section 11-11-440.
Rep. McABEE stated that the amendment dealt with a new tax.
The SPEAKER stated that Section 11-11-440 stated either new or an increase in an existing tax. He further stated that Section A of the amendment dealt with motor vehicles and that would not be 50 percent of the population, Section B removed it from food and that was not an increase but a relief, Section C imposed a 3 percent tax on the items that exist under Section 9, which was fuels sold to manufacturers, etc. and it would not apply to more than 50 percent of the population. He further stated that Section 17 was machines used in manufacturing and processing and mining and it would not affect 50 percent of the population. He further stated that Section 33 dealt with electricity, natural gas, fuel oil, kerosene, coal, used for residential purposes and this would affect over 50 percent of the population and he sustained the Point of Order and ruled the amendment out of order.
Rep. BOAN proposed the following Amendment No. 254 (Doc Name L:\council\legis\amend\CYY\15340SD.93), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND TERMS OF SERVICE OF DIVISION HEADS AND OTHER OFFICIALS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS INDEPENDENTLY OR AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, AND TO AMEND CHAPTER 23 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, TO AMEND SECTIONS 42-3-10, 42-3-30, 42-3-80, 42-3-90, 42-3-110, 42-3-180, 42-3-190, 42-3-200, 42-3-210, 42-3-220, 42-3-230, AND 42-3-240, AND TO REPEAL SECTIONS 42-3-20, 42-3-25, 42-3-40, 42-3-50, 42-3-60, 42-3-100, 42-3-120, 42-3-130, 42-3-140, 42-3-150, 42-3-160, AND 42-3-170 RELATING TO WORKERS' COMPENSATION, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, AND TO AMEND SECTIONS 1-23-10, 1-23-110, 1-23-115, 1-23-130, 1-23-160, 1-23-310, 1-23-320, 1-23-330, AND 1-23-380, TO ADD SECTIONS 1-23-111, AND 1-23-315, AND TO REPEAL SECTIONS 1-23-390, AND 1-23-400, RELATING TO THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, AND TO INCORPORATE APPROPRIATE REFERENCES TO THE ADMINISTRATIVE LAW JUDGE DIVISION ABOVE PROVIDED.
This section is created to govern the expenditure of funds contained in Part I of this act in regard to certain new departments or entities of state government therein referred to. As each such department or entity hereafter appears in this section, the specific section reference to Part I of this act applies to that department or entity and to the use of the funds appropriated within such sections.
(A) Title 1 of the 1976 Code is amended by adding Chapter 30 to read:
Section 1-30-10. (A) There are hereby created, within the executive branch of the state government, the following departments:
1. Department of Agriculture
2. Department of Alcohol and Other Drug Abuse Services
3. Department of Commerce
4. Department of Disabilities and Special Needs
5. Department of Education
6. Department of Environmental Regulation
7. Department of Family Services
8. Department of Health
9. Department of Health and Human Services Finance
10. Department of Insurance
11. Law Enforcement Department
12. Department of Licensing and Regulation
13. Department of Mental Health
14. Department of Natural Resources
15. Department of Tourism, Recreation, and Cultural Affairs
16. Department of Rehabilitation and Corrections
17. Department of Revenue
18. Department of Transportation
(B) Each department is headed by a director who must be appointed by the governor by and with the advice and consent of the General Assembly and who shall serve at the will and pleasure of the governor. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Upon nomination by the governor, each nominee for department director must undergo screening by joint legislative committee pursuant to the provisions of Section 2-19-10, et seq. The governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills which have been applied in either the public or private sectors.
(C) Each department shall be organized into appropriate divisions by the department director or constitutional officer through consolidation or subdivision. The authority to reorganize the department supersedes any provision of law to the contrary pertaining to individual divisions.
(1) Except where otherwise provided by law for a specific department, a department may carry forward to the succeeding fiscal year eighty percent of unexpended appropriations. These carry forward funds may be used for the purposes for which other funds are appropriated for the use of the department.
(2) Departments may consolidate existing full - time equivalent positions (FTE's) authorized for the department and redistribute the applicable salary funds in the manner the department director determines the most efficient use of such funds, including salary increases.
(3) Any other approval procedures for department reorganization in effect on the effective date of this act no longer apply.
(D) The director of a department is vested with the duty of overseeing, managing, and controlling the operation, administration, and organization of the department. A director has the authority to create and appoint standing or ad hoc advisory committees in his discretion or at the direction of the governor to assist the department in particular areas of public concern or professional expertise as is deemed appropriate. Such committees shall serve at the pleasure of the director and committee members shall not receive salary or per diem, but shall be entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
(E) A department director or constitutional officer may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed.Deputy directors serve at the will and pleasure of the director. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director and performing such other duties as delegated by the director.
(F) In the event a vacancy should occur in the office of department director, the governor may temporarily fill it with the appointment of an interim director to serve at the will and pleasure of the governor until a permanent director is appointed and qualified during the next session of the General Assembly pursuant to the provisions of (B). The authority to remove a deputy director while an interim director is head of a department is vested solely with the governor. This provision empowers the governor to appoint an interim director for each department created pursuant to the provisions of this act, with such interim appointments effective July 1, 1993.
(G) Notwithstanding the provisions of (B) and (C) of this section, the Department of Agriculture and the Department of Education shall be headed by the state Commissioner of Agriculture and the state Superintendent of Education, respectively, elected to office under the Constitution of this State and the Law Enforcement Department shall be headed by a Chief to be appointed and serve pursuant to the provisions of Section 23-3-10, et seq.
(H) (1) Department directors and constitutional officers must, no later than the first day of the 1994 legislative session and every twelve months thereafter for the following three years, submit to the Governor and General Assembly reports giving detailed and comprehensive recommendations for the purposes of merging or eliminating duplicative or unnecessary divisions, programs, or personnel within each department to provide a more efficient administration of government services. Thereafter, the Governor shall periodically consult with the directors of the various departments and upon such consultation the Governor shall submit a report of any recommendations to the General Assembly for review and consideration.
(2) The governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:
(i) Office of Executive Policy and Programs;
(ii) Office of Energy Programs;
(iii) Office of Personnel and Program Services;
(iv) Office of Research;
(v) Division of Health;
(vi) Division of Economic Opportunity;
(vii) Division of Economic Development;
(viii) Division of Public Safety;
(ix) Division of Ombudsman and Citizens' Services;
(x) Division of Education;
(xi) Division of Natural Resources;
(xii) Division of Human Services.
(C) The Governor, department directors, and constitutional officers shall develop a unitary permit process by January 1, 1994, which affected state agencies and departments shall use beginning on this date.
(I) Department directors and constitutional officers must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement that must be approved by the General Assembly by Joint Resolution.
Section 1-30-11. No person may be appointed as director of a department created in Section 1-30-10 or to an administrative law judgeship created in Section 1-23-510 if that person, a member of his immediate family, or an entity or business in which he has majority control has contributed after July 1, 1993, individually or in combination, more than a total of one thousand dollars to the most recent campaign of the governor who will act as his appointing authority for such offices.
Section 1-30-15. Department of Agriculture.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Agriculture:
Department of Agriculture, formerly provided for at Section 46-39-10, et seq.
Appropriations contained in Part I, Section 15B, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Agriculture. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-20. Department of Alcohol and Other Drug Abuse Services.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.
Appropriations contained in Part I, Section 24B, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Alcohol and Other Drug Abuse Services. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-25. Department of Commerce.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Coordination for Economic Development, State Development, State Railways, Savannah Valley Authority, and Recycling Marketing:
(A) Aeronautics Commission, formerly provided for at Section 55-5-30, et seq.;
(B) Coordinated Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) State Development Board, except for the Film Office, formerly provided for at Section 13-3-10, et seq.;
(E) Railways Commission, formerly provided for at Section 58-19-10, et seq.;
Appropriations contained in Part I, Sections 34A, 34B, 34C, 82, 30M, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Commerce. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-30. Department of Disabilities and Special Needs.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Mental Retardation, Special Needs, and Wil Lou Gray Opportunity School:
(A) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.
(C) Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.;
(D) Wil Lou Gray Opportunity School, formerly provided for at Section 59-51-10, et seq.
Appropriations contained in Part I, Sections 26A, 26C, 16D, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Disabilities and Special Needs. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-35. Department of Education.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Education:
State Department of Education, provided for at Section 59-5-10, et seq.;
Appropriations contained in Part I, Sections 16, 16A, 30D, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Education. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-40. Department of Environmental Regulation.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Environmental Regulation to be initially divided into divisions for Coastal, Environmental Quality Control, Land Resources Regulatory, and Water Resources Regulatory:
(A) South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;
(B) Environmental Quality Control Division, and the Water and Sewer division regulatory functions of the Department of Health and Environmental Control, formerly provided for at Section 44-1-10 and Section 48-1-10, et seq.;
(C) State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D) Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq.
Appropriations contained in Part I, Sections 76A, 76B, 76C, 76D, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Environmental Regulation. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-45. Department of Family Services.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Family Services to be initially divided into divisions for Aging Programs and Adult Services, Children's Services, Economic Services, and Review of Foster Care of Children:
(A) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(B) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;
(C) John De La Howe School, formerly provided for at Section 59-49-10 et seq.;
(D) Department of Social Services, formerly provided for at Section 43-1-10, et seq.
Appropriations contained in Part I, Sections 27A, 27B, 27C, 27D, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Family Services. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-50. Department of Health.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and shall include a minority health division:
Health, Services & Regulatory Division of Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.
Appropriations contained in Part I, Section 24A, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Health. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-55. Department of Health and Human Services Finance.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services Finance:
Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.
Appropriations contained in Part I, Section 23, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Health and Human Services Finance. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-60. Department of Insurance.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance to be initially divided into divisions for Insurance, Patients' Compensation Fund, Second Injury Fund, Workers' Compensation, and State Accident Fund:
(A) Department of Insurance, formerly provided for at Section 38-3-10, et seq.;
(B) Patients' Compensation Fund, formerly provided for at Section 38-79-410, et seq.;
(C) Second Injury Fund, formerly provided for at Section 42-7-310, et seq.;
(D) Workers' Compensation Commission, formerly provided for at Section 42-1-80, et seq.;
(E) Worker's Compensation Fund, formerly provided for at Section 42-7-10, et seq.
Appropriations contained in Part I, Sections 33A, 33B, 33C, 33D, 33E, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Insurance. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-65. Law Enforcement Department
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Law Enforcement Department to be initially divided into divisions for State Law Enforcement, Highway Patrol, Law Enforcement Hall of Fame, and Law Enforcement Training Council:
(A) Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.
(B) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(C) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(D) State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq.;
(E) Public Service Commission Law Enforcement Department, formerly provided for at Section 58-3-310, et seq.;
(F) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.
Appropriations contained in Part I, Sections 28A, 28B, 28C, 28E, 28F, 83, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Law Enforcement. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-70. Department of Licensing and Regulation.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Licensing and Regulation to be initially divided into divisions for Labor, State Fire Marshal, and Professional and Occupational Licensing:
(A) Fire Marshal Division of Budget & Control Board, formerly provided for at Section 23-9-10, et seq.
(B) Department of Labor, formerly provided for at Title 12, Chapter 37; Title 46, Chapter 43; and Title 41, Chapters 1-25;
(C) Professional & Occupational Licensing Boards, formerly provided for at Section 40-73-10, et seq.;
(D) Pyrotechnic Safety Board, formerly provided for at Section 40-56-10, et seq.
Appropriations contained in Part I, Sections 35, 35A, 35B, 35C, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Licensing and Regulation. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-75. Department of Mental Health.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.
Appropriations contained in Part I, Section 25A, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Mental Health. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-80. Department of Natural Resources.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Natural Resources to be initially divided into divisions for Forestry, Geological Survey, Land Resources Conservation, Water Resources, Wildlife and Marine Resources, and State Natural Resources Police:
(A) South Carolina Forestry Commission. formerly provided for at Section 48-23-10, et seq.
(B) Geological Mapping Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(C) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(E) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(F) South Carolina Wildlife Commission, formerly provided for at Section 50-3-10, et seq.
Appropriations contained in Part I, Sections 15A, 15D, 15E, 15F, 15G, 15H, 15J, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Natural Resources. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-85. Department of Tourism, Recreation, and Cultural Affairs.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Tourism, Recreation, and Cultural Affairs to be initially divided into divisions for Archives, Arts, Film, State Library, State Museum, and Parks, Tourism and Recreation:
(A) Department of Archives and History, formerly provided for at Section 60-11-10, et seq.;
(B) Arts Commission, formerly provided for at Section 60-15-10, et seq.;
(C) Columbian Quincentennial Commission, formerly provided for by joint resolution, R.245, 1989;
(D) Confederate Relic Room and Museum, formerly provided for in the annual appropriations bill;
(E) Film Office of the State Development Board, formerly provided for at Section 13-3-10, et seq.;
(F) State Library, formerly provided for at Section 60-2-20, et seq.;
(G) State Museum, formerly provided for at Section 60-13-10, et seq.
(H) Department of Parks, Tourism, and Recreation, formerly provided for at Section 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq.
Appropriations contained in Part I, Sections 86A, 86C, 86E, 86F, 86G, 86H, 19JK, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Tourism, Recreation and Cultural Affairs. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-90. Department of Rehabilitation and Corrections.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Rehabilitation and Corrections to be initially divide into divisions for Adult Corrections, Probation, Pardon, and Parole, Juvenile Justice, and Juvenile Parole:
(A) Department of Corrections, formerly provided for at Section 24-1-10, et seq.;
(B) Department of Probation, Pardon & Parole, formerly provided for at Section 24-21-10, et seq.;
(C) Department of Youth Services, formerly provided for at Section 20-7-3100, et seq.
Appropriations contained in Part I, Sections 29A, 29B, 29C, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Rehabilitation and Corrections. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-95. Department of Revenue.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue to be initially divided into divisions for Alcohol Beverage Control, Motor Vehicles, and Tax:
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Motor Vehicle Division of Department of Highways and Public Transportation, formerly provided for at Section 56-1-10, et seq.;
(C) Tax Commission, formerly provided for at Section 12-3-10, et seq.
Appropriations contained in Part I, Sections 18A, 18B, 18C, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Revenue. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
Section 1-30-100. Department of Transportation.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Highways and State Fleet Management, and Public Railways:
(A) Department of Highways and Public Transportation, except Motor Vehicle Division and State Highway Patrol, formerly provided for at Section 56-1-10, et seq.;
(B) Division of Motor Vehicle Management of Budget & Control Board, formerly provided for at Section 1-11-220, et seq.
Appropriations contained in Part I, Sections 30A, 30C, shall be structured so as to conform with the directive contained herein for the creation of a new department to be titled Department of Transportation. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created department. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new department.
(B) Section 1-30-105. The Governor.
(A) The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor, to initially include divisions for Veterans' Affairs and Victim's Assistance:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Governor's School for Science and Math, formerly provided for at Section 59-48-10 et seq.;
(3) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(4) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(5) Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(6) Commission on Women, formerly provided for at Section 1-15-10, et seq.
Appropriations contained in Part I, Sections 5A, 5F, 5G, 5H, 5J, 4C, 10B, 22, shall be structured so as to conform with the directive contained herein for the creation of new divisions or components of the Office of the Governor. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created divisions or components. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new divisions or components.
(C) Section 1-30-110. The Attorney General.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Attorney General to initially include divisions for Consumer Affairs and Criminal Justice and Crime Prevention Programs:
(A) Consumer Affairs Commission, formerly provided for at Section 37-1-101 - Section 37-10-106, et seq.;
(B) Criminal Justice and Crime Prevention Programs, formerly provided for at Section 23-4-10, et seq.
Appropriations contained in Part I, Section 10A, shall be structured so as to conform with the directive contained herein for the creation of new divisions or components of the Office of the Attorney General. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created divisions or components. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new divisions or components.
(D) Section 1-30-115. The Judicial Department.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Judicial Department:
Sentencing Guidelines Commission, formerly provided for at Section 24-26-10, et seq.
Appropriations contained in Part I, Section 4B, shall be structured so as to conform with the directive contained herein for the creation of a new division or component of the Judicial Department. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created division or component. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new division or component.
(E) Section 1-30-120. The Office of Indigent Defense.
There is created an Office of Indigent Defense, which shall include the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Office of Indigent Defense:
Commission on Appellate Defense, formerly provided for at Section 17-4-10, et seq.
Appropriations contained in Part I, Section 12, shall be structured so as to conform with the directive contained herein for the creation of a new office titled the Office of Indigent Defense. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created office. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new office.
(A) Creation of Administrative Law Judge Division
Chapter 23, Title 1 of the 1976 Code is amended by adding:
Section 1-23-500. There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. The division consists of a chief administrative law judge and seven associate administrative law judges.
Section 1-23-510. (A) The judges of the division must be appointed by the Governor, with advice and consent of the General Assembly after undergoing screening by joint legislative committee pursuant to the provisions of Section 2-19-10, et seq., for a term of six years and until their successors are appointed and qualify; provided, that of those judges initially appointed, the chief judge (Seat 1) and the judge appointed to Seats 2 3 and 4 must be appointed for terms of six years, the judges appointed to Seats 5, 6, 7, 8 and 9 must be appointed for terms of four years, the judges appointed to Seats 10, 11, 12, and 13 must be appointed for terms of two years. The governor may announce an appointment and the General Assembly may perform the advice and consent and screening process prior to the commencement of the term of the seat for which the appointment is made. The terms of office of the judges of the division begin on July first of the year of appointment.
(B) All vacancies in the office of administrative law judge must be filled in the manner of original appointment. When a vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor.
(C) In making appointments of administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this state.
(D) Each judicial seat on the division must be numbered. Appointments are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an appointment.
(E) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the associate administrative law judge occupying Seat 2.
Section 1-23-520. No person is eligible for the office of chief judge or associate judge of the division who does not at the time of his appointment meet the qualification for justices and judges as set forth in Article V of the Constitution of this State.
Section 1-23-525. No member of any General Assembly who is not otherwise prohibited from being appointed to an administrative law judgeship may be appointed to such judgeship while he is a member of the General Assembly and for a period of four years after he ceases to be a member of the General Assembly.
Section 1-23-530. The judges of the division shall qualify after the date of their appointment by taking the constitutional oath of office.
Section 1-23-540. The chief judge shall receive as annual salary equal to eighty percent of that paid to the circuit court judges of this State and the associate judges shall receive as annual salary seventy percent of that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, and subsistence as is authorized by law for circuit court judges.
Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be the partner or associate with anyone engaged in the practice of law in this State.
Section 1-23-550. In the event a vacancy should occur in the office of an administrative law judge, the Governor may temporarily fill it with the appointment of an interim administrative law judge to serve at the will and pleasure of the Governor until the appointment and qualification of a judge is completed pursuant to the provisions of Section 1-23-510 during the next regular session of the General Assembly. Such interim judges must possess the qualifications set forth in Section 1-23-520. This provision empowers the Governor to appoint interim administrative law judges for each initial seat created in Section 1-23-500, with such interim appointments effective July 1, 1993.
Section 1-23-560. Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The State Ethics Commission is responsible for the administration and enforcement of those rules pursuant to Section 8-13-320.
Section 1-23-570. The chief judge is responsible for the administration of the division. The chief judge shall assign cases to the judges of the division including himself and generally rotate and interchange the judges of the division among the various state departments or commissions for which it is responsible for hearing contested cases; provided, however, the chief judge may consider the subject matter expertise of judges in making hearing assignments.
Section 1-23-580. (A) A clerk of the division, to be appointed by the judges of the division, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge prescribes.
(B) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission.
Section 1-23-590. The General Assembly in the annual general appropriations act shall appropriate those funds necessary for the operation of the Administrative Law Judge Division.
Section 1-23-600. (A) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government which do not have a board or commission authorized to exercise the sovereignty of the state and hear contested cases.
(B) An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of state boards or commissions pursuant to Section 1-23-380, including but not limited to the Procurement Review Board, Human Affairs Commission, and Coastal Council Appellate Board, but specifically not including the Employment Security Commission and the Public Service Commission.
(C) The presiding administrative law judge rather than the department involved by written order shall render the decision involving the contested case or appeal. These departments shall notify the Administrative Law Judge Division of all pending contested cases. Upon notification, the chief administrative law judge shall assign a judge to each contested case.
Section 1-23-610. (A) The hearings and proceedings concerning contested cases must be transcribed and are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge shall render the decision in a written order. The decisions or orders of these administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) For judicial review of any final decision of an administrative law judge except for decisions in workers' compensation cases, a petition by an aggrieved party must be filed with the Supreme Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(C) The review of the administrative law judge's order must be confined to the record. The appellate court may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(D) In workers' compensation cases, the procedure for appeal and standard of review of a decision of an administrative law judge is subject to the provisions of Title 42.
Section 1-23-620. (A) The functions, duties, and powers of agencies and commissions to which this article applies, in regard to determining contested cases under Article 3 of this chapter, are devolved upon the Administrative Law Judge Division, provided that these agencies or commissions and the staffs thereof shall continue to retain those powers and duties regarding the obtaining and presentation of evidence and testimony for and at these hearings to the extent that only the decision-making authority and the appropriate functions, duties, and powers in regard thereto are devolved upon the Administrative Law Judge Division. Where the term 'agency' or 'commission' is used in Article 3 of this chapter relating to functions, duties, or powers in regard to determining contested cases, the term must be construed to mean the presiding administrative law judge.
(B) Any time periods under Article 3 of this chapter or any other provision of law for the rendering of decisions in contested cases which are applicable to these agencies or commissions, as well as the applicable administrative law procedural provisions, also apply to the presiding administrative law judge.
(C) Where the court of common pleas is empowered to take certain action under Article 3 of this chapter or under Title 42, this authority is devolved upon the presiding administrative law judge, provided that the above provision does not apply in regard to appeals from decisions or orders in contested cases
(D) Where appropriations to the Department of Health and Environmental Control, the Alcoholic Beverage Control Commission, the Tax Commission, or the Workers' Compensation Commission in the annual general appropriations act, or where fees, fines, forfeitures or revenues imposed or collected by these agencies or commissions were required to be used for the hearing of contested cases involving the Department of Health and Environmental Control, the Alcoholic Beverage Control Commission, the Tax Commission, or Workers' Compensation Commission, such appropriations or monies must continue to be used for these purposes after the effective date of this article in the manner the Budget and Control Board shall direct.
Section 1-23-630. Each of the judges of the division has the same power at chambers or in open hearing as do circuit court judges, and to issue those remedial writs as are necessary to give effect to its jurisdiction.
Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, or at suitable locations outside the City of Columbia as determined by the chief administrative law judge.
Section 1-23-650. The Administrative Law Judge Division through its judges is authorized to promulgate those regulations necessary to effectuate the provisions of this article; provided, however, that a public hearing and determination of need for and reasonableness of the regulations pursuant to this chapter shall be conducted by the Attorney General. All regulations promulgated by the division shall be promulgated pursuant to the provisions of this chapter.
Section 1-23-660. Any contested case docketed for hearing before a board or commission on June 30, 1993, shall continue to be under the jurisdiction of such board or commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the board or commission binding. The rules of procedure and review for such boards or commissions in effect on the date of filing of the pending action shall remain in effect until the final disposition of the pending action, other provisions of this chapter notwithstanding.Where a contested case pending before a board or commission on June 30, 1993, is continued under the jurisdiction of such board or commission as provided in this section and where that board or commission is abolished on July 1, 1993, as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all such cases. Where any member of that board or commission has assumed another office after July 1, 1993, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished on July 1, 1993, who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees.
(A1) Appropriations contained in Part I, Section 5J, shall be structured so as to conform with the directive contained herein for the creation of a new executive branch entitled the Administrative Law Judge Division. Any non-General Fund revenue authorized for use in the above sections shall be authorized for use in the newly created division. Any temporary law, rules and regulations affecting the use of funds shall be in effect for the new division.
(B) Administrative Procedures Act
(1) Amend Section 1-23-10 of the 1976 Code to read:
Section 1-23-10. As used in this article:
(1) "Agency" or "state agency" means each state board, commission, department, executive department or officer, other than the legislature or the courts, but to include the Administrative Law Judge Division, authorized by law to make regulations or to determine contested cases;
(2) "Document" means a regulation, notice or similar instrument issued or promulgated pursuant to law by a state agency;
(3) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency;
(4) "Regulation" means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. The term includes the amendment or repeal of a prior regulation but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders or rules of the Probation, Parole and Pardon Board; orders of the supervisory or administrative agency of any penal, mental or medical institution, in respect to the institutional supervision, custody, control, care or treatment of inmates, prisoners or patients therein; decisions of the governing board of any university, college, technical college, school or other educational institution with regards to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of any agencies; and other agency actions relating only to specified individuals.
(5) "Promulgation" means final agency action to enact a regulation after compliance with procedures prescribed in this article.
(6) "Division" means the Division of Research and Statistical Services in the State Budget and Control Board.
(7) "Substantial economic impact" means a financial impact upon:
(a) commercial enterprises;
(b) retail businesses;
(c) service businesses;
(d) industry;
(e) consumers of a product or service; or
(f) taxpayers.
(2) Amend Section 1-23-110 of the 1976 Code to read:
Section 1-23-110. (A) Before the promulgation, amendment, or repeal of a regulation, an agency shall:
(1) give notice of a drafting period by publication of a notice in the State Register. The notice must include:
(a) the address to which interested persons may submit written comments during the initial drafting period before the regulations are submitted as proposed;
(b) a synopsis of what the agency plans to draft;
(c) the agency's statutory authority for promulgating the regulation;
(2) submit to the division, no later than the date the notice required in item (3) is published in the State Register, a preliminary assessment report prepared in accordance with Section 1-23-115 on regulations having a substantial economic impact;
(3) give notice of a public hearing at which the agency will receive data, views, or arguments, orally and in writing, from interested persons on proposed regulations by publication of a notice in the State Register if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members. The notice must include:
(a) the address to which written comments must be sent and the time period of not less than thirty days for submitting these comments;
(b) the date, time, and place of the public hearing which must not be held sooner than thirty days from the date the notice is published in the State Register;
(c) either the text or a synopsis of the proposed regulation;
(d) the statutory authority for its promulgation;
(e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. A preliminary fiscal impact statement is not required for those regulations which are not subject to General Assembly review under Section 1-23-120;
(f) a summary of the preliminary assessment report submitted by the agency to the division and notice that copies of the preliminary report are available from the agency;
(g) a statement of the need and reasonableness of the regulation, prepared pursuant to rules adopted by the Administrative Law Judge Division. The agency may charge a reasonable fee to cover the costs associated with this distribution requirement. A regulation that does not require an assessment report because it does not have a substantial economic impact, must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(E) must include an explanation of the exemption.
(B) Notices required by this section must be mailed by the promulgating agency to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations.
(C) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(D) A proceeding to contest a regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one year from the effective date of the regulation.
(3) Amend Title 1, Chapter 23 of the 1976 Code by adding Section 1-23-111.
Section 1-23-111. (A) When a public hearing is held pursuant to this section, it shall be conducted by an administrative law judge assigned by the chief administrative law judge. The administrative law judge shall ensure that all persons involved in the public hearing on the regulation are treated fairly and impartially. The agency shall submit into the record the jurisdictional documents, including the statement of need and reasonableness, and any written exhibits in support of the proposed regulation. The agency may also submit oral evidences. Interested persons may present written or oral evidence. The administrative law judge shall allow questioning of agency representatives or witnesses, or of interested persons making oral statements, in order to explain the purpose or intended operation of the proposed regulation, or a suggested modification, or for other purposes if material to the evaluation or formulation of the proposed regulation. The administrative law judge may limit repetitive or immaterial statements or questions. At the request of the presiding judge or the agency, a transcript of the hearing must be prepared
(B) After allowing all written material to be submitted and recorded in the record of the public hearing no later than five working days after the hearing ends, unless the administrative law judge orders an extension for not more than twenty days, the administrative law judge must issue a written report which must include findings as to the need and reasonableness of the proposed regulation and may include suggested modifications to the proposed regulations in the case of a finding of lack of need or reasonableness.
(C) If the administrative law judge determines that the need for or reasonableness of the proposed regulation has not been established, the agency must elect to:
(a) follow the suggested modifications of the administrative law judge and submit the proposed regulation for legislative approval pursuant to Section 1-23-120;
(b) not modify the proposed regulation but submit the proposed regulation as originally drafted for legislative approval pursuant to Section 1-23-120 with a copy of the administrative law judge's report attached; or
(c) withdraw the proposed regulation.
(4) Amend Section 1-23-115 of the 1976 Code to read:
Section 1-23-115. (A) Upon written request by two members of the General Assembly, a regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and in accordance with the procedures contained in this article.
(B) A state agency must submit to the State Budget and Control Board, Division of Research and Statistical Services, a preliminary assessment report on regulations which have a substantial economic impact. Upon receiving this report the division may require additional information from the promulgating agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the division on requests made pursuant to this section. The division shall prepare and publish a final assessment report within sixty days after the public hearing held pursuant to Section 1-23-110. The division shall forward the final assessment report and a summary of the final report to the promulgating agency.
(C) At a minimum, the preliminary assessment report required by this section must disclose the effects of the proposed regulation on the public health and environmental welfare of the community and State and the effects of the economic activities arising out of the proposed regulation. Both the preliminary and final reports required by this section may include:
(1) a description of the regulation, the purpose of the regulation, the legal authority for the regulation, and the plan for implementing the regulation;
(2) a determination of the need for and reasonableness of the regulation and the expected benefit of the regulation;
(3) a determination of the costs and benefits associated with the regulation and an explanation of why the regulation is considered to be the most cost effective, efficient, and feasible means for allocating public and private resources and for achieving the stated purpose;
(4) the effect of the regulation on competition; (5) the effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented;
(6) the effect of the regulation on employment in the geographical area in which the regulation would be implemented;
(7) the source of revenue to be used for implementing and enforcing the regulation;
(8) a conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation;
(9) the uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens. A determination of the need for the regulation must consider qualitative and quantitative benefits and burdens;
(10) the effect of the regulation on the environment and public health;
(11) the detrimental effect on the environment and public health if the regulation is not implemented. An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. The assessment of benefits and burdens which cannot be precisely quantified may be expressed in qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit analysis. At no time is an agency required to include items (4) through (8) in a preliminary assessment report; however, these items may be included in the final assessment report prepared by the division.
(D) If information required to be included in the assessment report materially changes at any time before the regulation is approved or disapproved by the General Assembly, the agency must submit the corrected information to the division which must forward a revised assessment report to the Legislative Council for submission to the committees to which the regulation was referred during General Assembly review.
(E) An assessment report is not required on: (1) regulations specifically exempt from General Assembly review by Section 1-23-120; however, if any portion of a regulation promulgated to maintain compliance with federal law is more stringent than federal law, then that portion is not exempt from this section;
(2) emergency regulations filed in accordance with Section 1-23-130; however, before an emergency regulation may be refiled pursuant to Section 1-23-130, an assessment report must be prepared in accordance with this section;
(3) regulations which control the hunting or taking of wildlife including fish or setting times, methods, or conditions under which wildlife may be taken, hunted, or caught by the public, or opening public lands for hunting and fishing.
(5) Amend Section 1-23-130 of the 1976 Code to read:
Section 1-23-130. (A) If an agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation before compliance with the procedures prescribed in this article or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of emergency regulations to protect or manage natural resources, the agency may file the regulation with the Legislative Council and a statement of the situation requiring immediate promulgation. The regulation becomes effective as of the time of filing.
(B) An emergency regulation filed under this section which has a substantial economic impact may not be refiled unless accompanied by the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 and a statement of need and reasonableness is prepared by the agency pursuant to Section 1-23-111.
(C) If emergency regulations are either filed or expire while the General Assembly is in session, the emergency regulations remain in effect for ninety days only and may not be refiled; but if emergency regulations are both filed and expire during a time when the General Assembly is not in session they may be refiled for an additional ninety days.
(D) Emergency regulations and the agency statement as to the necessity need for and reasonableness of immediate promulgation must be published in the next issue of the State Register following the date of filing. The summary of the final assessment report required for refiling emergency regulations pursuant to subsection (B) must also be published in the next issue of the State Register.
(E) An emergency regulation promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article.
(6) Amend Section 1-23-160 of the 1976 Code to read:
Section 1-23-160. All regulations of state agencies promulgated according to law and filed with the Secretary of State as of January 1, 1977, shall have the full force and effect of law. All regulations of state agencies promulgated under this article and effective as of the June 30, 1993 shall have the full force and effect of law.
(7) Amend Section 1-23-310 of the 1976 Code to read:
Section 1-23-310. As used in this article:
(1) "Agency" means each state board, commission, department or officer, other than the legislature or the courts, but to include the Administrative Law Judge Division, authorized by law to make rules or to determine contested cases;
(2) "Contested case" means a proceeding, including but not restricted to ratemaking, price fixing, and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;
(3) "License" includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;
(4) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;
(5) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency;
(8) Amend Title 1, Chapter 23 of the 1976 Code by adding Section 1-23-315.
Section 1-23-315. The provisions of this article apply only to the administrative law judge division and to those agencies governed by a board or commission authorized to exercise the sovereignty of the state on or subsequent to the effective date of this act.
(9) Amend Section 1-23-320 of the 1976 Code to read:
Section 1-23-320. (a) In a contested case, all parties must be afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Employment Security Commission, which shall be governed by the provisions of Section 41-35-680.
(b) The notice shall include:
(1) A statement of the time, place and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) A reference to the particular sections of the statutes and rules involved;
(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
(c) Any party to such proceedings may cause to be taken the depositions of witnesses within or without the State and either by commission of de bene esse. Such depositions shall be taken in accordance with and subject to the same provisions, conditions and restrictions as apply to the taking of like depositions in civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, the transmission and certification thereof and matters of practice relating thereto shall apply.
(d) The agency hearing a contested case may issue in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers and records on its own behalf or, upon request, on behalf of any other party to the case.
The court of common pleas administrative law judge court shall, on application of the agency enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and records and shall have the power to punish as for contempt of court, by a fine or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers and records as may have been required in any subpoena issued by the agency. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors.
(e) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
(f) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
(g) The record in a contested case shall include:
(1) All pleadings, motions, intermediate rulings and depositions;
(2) Evidence received or considered;
(3) A statement of matters officially noticed;
(4) Questions and offers of proof, objections and rulings thereon;
(5) Proposed findings and exceptions;
(6) Any decision, opinion or report by the officer or administrative law judge presiding at the hearing;
(h) Oral proceedings or any part thereof shall be transcribed on request of any party.
(i) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(10) Amend Section 1-23-330 of the 1976 Code to read:
Section 1-23-330. In contested cases:
(1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Except in workers' compensation proceedings before the Industrial Commission the rules of evidence as applied in civil cases in the court of common pleas shall be followed. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;
(3) Any party may conduct cross-examination;
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.
(11) Amend Section 1-23-380 of the 1976 Code to read:
Section 1-23-380. (A) A party who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this article and, Article 1, and Article 5. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.
(B) Review by Administrative law judge of a final decision in a contested case decided by a state board or commission.
(1) Proceedings for review are instituted by filing a petition in the circuit court administrative law judge division within thirty days after the final decision of the agency or, if a rehearing is requested, within thirty days after the decision thereon. Copies of the petition shall be served upon the agency and all parties of record.
(2) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court administrative law judge may order, a stay upon appropriate terms.
(3) Within thirty days after the service of the petition, or within further time allowed by the court administrative law judge, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court administrative law judge for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(4) If, before the date set for hearing, application is made to the court administrative law judge for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court administrative law judge may order that the additional evidence be taken before the agency upon conditions determined by the court administrative law judge. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
(5) The review shall be conducted by the court administrative law judge without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court administrative law judge, upon request, shall hear oral argument and receive written briefs.
(6) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court administrative law judge may affirm the decision of the agency or remand the case for further proceedings. The court administrative law judge may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(12) Section 1-23-390 of the 1976 Code is repealed:
Section 1-23-390. An aggrieved party may obtain a review of any final judgment of the circuit court under this article by appeal to the Supreme Court. The appeal shall be taken as in other civil cases.
(13) Section 1-23-400 of the 1976 Code is repealed:
Section 1-23-400. The provisions of this article shall not apply to any matters pending on June 13, 1977. The provisions of Sections 1-23-360 and 1-23-370 shall not apply to any agency which under existing statutes have established and follow notice and hearing procedures which are in compliance with such sections.
(C) Workers' Compensation Cases
(1) Amend Section 42-3-10 of the 1976 Code to read:
Section 42-3-10. There is created the South Carolina Workers' Compensation Commission Division, hereinafter referred to as the Commission Division, composed of a judicial and administrative department and constituted and administered as provided for in this title.
(2) Section 42-3-20 of the 1976 Code is repealed.
Section 42-3-20. The Commission shall consist of seven members appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. The Governor with the advice and consent of the Senate shall designate one commissioner as chairman for a term of two years and the chairman may serve two terms in his six-year term but not consecutively.
The commissioners shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full Commission reviews and handle such other matters as may come before the department for judicial disposition. Full Commission reviews shall be conducted by six commissioners only, with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission, reviews may be conducted by the five remaining commissioners but in such cases decisions of the hearing commissioner shall not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981 full Commission reviews may be conducted by three-member panels composed of three commissioners appointed by the chairman excluding the original hearing commissioner. The chairman, with unanimous approval of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of such panels shall have the same force and effect as nonpanel full commission reviews.
(3) Section 42-3-25 of the 1976 Code is repealed:
Section 42-3-25. The chairman shall be the chief executive officer of the Commission and shall execute the policies established
by the Commission in its capacity as the governing body of the judicial and administrative departments.
The executive assistant for the judicial department and the administrative director of the administrative department shall report and be responsible to the chairman.
(4) Amend Section 42-3-30 of the 1976 Code to read:
Section 42-3-30. The Commission Division shall promulgate all regulations relating to the administration of the workers' compensation laws of this State necessary to implement the provisions of this title and consistent therewith.
(5) Section 42-3-40 of the 1976 Code is repealed:
Section 42-3-40. The annual salary for the commissioners shall be eighty-five percent of the salary paid to the circuit judges of the State. The commissioners shall receive a subsistence allowance of thirty-five dollars a day while in the performance of their duties outside the Columbia office.
(6) Section 42-3-50 of the 1976 Code is repealed:
Section 42-3-50. The commissioners shall appoint an executive assistant for the judicial department, to serve at their pleasure, who shall prepare all dockets for hearings, informal conferences and full Commission reviews, maintain liaison with the director of the administrative department, receive all files from that department when they are ready for hearing, informal conference, settlement or other disposition, and perform such other duties as shall be assigned to him by the Chairman to whom the executive assistant shall be solely responsible.
The executive assistant with the approval of the chairman of the commission shall be authorized to employ and, if necessary, discharge all support personnel required to exercise the functions herein prescribed for his office.
(7) Section 42-3-60 of the 1976 Code is repealed:
Section 42-3-60. Each commissioner shall be authorized to employ a secretary and a court reporter to serve at his pleasure.
(8) Section 42-3-80 of the 1976 Code is amended to read:
Section 42-3-80. The administrative department of the Commission division shall be under the direction of the administrative deputy director. The director shall be appointed by the Commission and serve at its pleasure and shall receive an annual salary of eighty-five percent of the salary paid to the circuit judges of the State.
The administrative deputy director shall receive and be responsible for all files and records of the Industrial Commission Division and shall refer all unsettled claims for which a hearing is requested to the judicial department Administrative Law Judge Division for disposition and receive from that department the Administrative Law Judge Division reports, information and statistics as to the disposition of claims. He shall also be responsible for the referral to the South Carolina Vocational Rehabilitation Department of all industrially injured persons that need vocational counseling or vocational evaluation, personal adjustment, training and placement.
In the performance of his duties, the deputy director is authorized to:
(a) With the approval of the chairman of the Commission, appoint and discharge, if necessary, all support personnel within the administrative department except division directors division;
(b) Compile all statistics and reports concerning the administration of workers' compensation laws and the disposition of claims related thereto;
(c) Conduct administrative operations of the Commission division in accordance with the provisions of this title and regulations promulgated thereunder.
(d) With the approval of the Director of the Department of Insurance, appoint and discharge, if necessary, such informal hearing officers within the division as are necessary to preside over informal conferences and approve settlements.
(9) Amend Section 42-3-90 of the 1976 Code to read:
Section 42-3-90. There shall be established within the administrative department the following divisions , each headed by a division director recommended by the Administrative Director with the concurrence of the chairman and subject to the approval of the Commission.
(1) The division of Coverage and Compliance,
(2) The division of Claims and Statistics,
(3) The division of Medical Services.
Each division shall perform such functions and duties as may be assigned to it by the director. of the administrative department subject to the provisions of Section 42-3-25.
Before a claim can be referred by the Workers' Compensation Division to the Administrative Law Judge Division for adjudication as a contested case the parties involved must appear before at an informal conference before an informal hearing officer unless the right to have an informal conference is waived by either party. The informal hearing officer has the authority to approve settlements at any time prior to the hearing of the contested case before an administrative law judge and shall notify the Administrative Law Judge Division of the settlement of any pending cases. The informal hearing officer shall not have the power to adjudicate contested cases.
(10) Section 42-3-100 of the 1976 Code is repealed:
Section 42-3-100. The commissioners shall annually prepare and the chairman shall annually submit to the State Budget and Control Board and the General Assembly a budget for the Industrial Commission.
(11) Amend Section 42-3-110 of the 1976 Code to read:
Section 42-3-110. The commissioners of the judicial department and the director of the administrative department shall approve all expense and travel vouchers for their respective departments.
(12) Section 42-3-120 of the 1976 Code is repealed:
Section 42-3-120. There is hereby created the advisory committee for improvement of the workers' compensation laws of South Carolina, consisting of five members appointed by the Governor for terms of five years and until successors are appointed and qualify. One member shall be an attorney experienced in practice representing claimants, one member shall be an attorney experienced in practice representing defendants, one member shall be a representative of industry, one member shall be a representative of labor and one member shall be a representative of the general public. A chairman shall be elected by the committee. The committee shall meet at least quarterly to consider improvements in workers' compensation laws and monitor the effectiveness of existing law. Recommendations for changes in the law shall be recommended annually to the General Assembly. Committee members shall serve without compensation but shall receive mileage, subsistence and per diem as provided by law for boards, committees and commissions payable from an annual appropriation from the general fund of the State.
(13) Section 42-3-130 of the 1976 Code is repealed:
Section 42-3-130. The county sheriffs and their respective deputies shall serve all subpoenas of the Commission or its deputies and shall receive the same fees as are provided by law for like services. Provided, however, if the witness is in another county, the subpoena may be served by any person authorized to serve subpoenas in the county where the action originated. Each witness who appears in obedience to such subpoena of the Commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts of the county in which the hearing is held.
(14) Section 42-3-140 of the 1976 Code is repealed:
Section 42-3-140. The Commission or any member thereof, or any person deputized by it, may, for the purpose of this Title, subpoena witnesses, administer or cause to be administered oaths and examine or cause to be examined such parts of the books and records of the parties to proceedings as relate to questions in dispute.
(15) Section 42-3-150 of the 1976 Code is repealed:
Section 42-3-150. The Commission in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with any proceeding under this title.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda or other records before the Commission on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying or from civil prosecution, penalties or forfeitures pursuant to the provisions of this Title.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, the Commission may issue to such person an order requiring him to appear before the Commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the Commission may be punished as a contempt thereof.
Any person who shall without just cause fail or refuse to attend and testify, to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do so in accordance with a subpoena of the Commission, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty nor more than two hundred dollars or by a term of imprisonment for not more than thirty days. Each failure to obey a subpoena shall constitute a separate offense. Subpoenas shall be issued in the name of the Commission and shall be signed by a commissioner. Subpoenas shall be issued to such persons as the Commission may designate.
In addition, the Commission may punish for contempt in the manner authorized by this section any person whose disorderly conduct in any Commission proceeding interferes with the orderly process of such proceeding.
(16) Section 42-3-160 of the 1976 Code is repealed:
Section 42-3-160. Any party to a proceeding pending under this Title or his attorney may cause the depositions of witnesses, either within or without the State, to be taken either by Commission or de bene esse. Such depositions shall be taken in accordance with and subject to the same provisions, conditions and restrictions as apply to the taking of like depositions in civil actions at law in the courts of common pleas and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony and the transmission and certification thereof and matters of practice relating thereto shall apply. In any case in which testimony shall be taken by Commission, such Commission shall be issued, upon request of the party or his attorney, by some member of the Commission. The provisions of this section shall not be so construed as to prevent the Commission or any deputy commissioner from issuing commissions for the taking of testimony, even in the absence of any application therefor, when in its or his judgment it is deemed necessary or appropriate.
(17) Section 42-3-170 of the 1976 Code is repealed:
Section 42-3-170. Hearings before the Commission shall be open to the public and shall be stenographically reported and the Commission may contract for the reporting of such hearings. The Commission shall by regulation provide for the preparation of a record of the hearings and other proceedings.
(18) Amend Section 42-3-180 of the 1976 Code to read:
Section 42-3-180. All questions arising under this Title, if not settled by agreement of the parties interested therein with the approval of the Commission division, shall be determined by the Commission Administrative Law Judge Division, except as otherwise provided in this Title.
(19) Amend Section 42-3-190 of the 1976 Code to read:
Section 42-3-190. The Commission division shall prepare, cause to be printed and upon request furnish, free of charge to any employee, such blank forms and literature as it shall deem requisite to facilitate or prompt the efficient administration of this Title.
(20) Amend Section 42-3-200 of the 1976 Code to read:
Section 42-3-200. The Commission Division shall make studies and investigations with respect to safety provisions and the causes of injuries in employments covered by this Title and shall from time to time make to the General Assembly and to employers and carriers such recommendations as it may deem proper as to the best means of preventing such injuries. In making such studies and investigations, the Commission Division may:
(1) Cooperate with any agency of the United States charged with the duty of enforcing any law securing safety against injury in any
employment covered by this Title or with any State agency engaged in enforcing any laws to assure safety for employees; and
(2) Permit any such agency to have access to the records of the Commission Division.
In carrying out the provisions of this section, the Commission Division or any officer or employee of the Commission Division may enter at any reasonable time upon any premises, tracks, wharf, dock or other landing place or any building in which an employment covered by this Title is being carried on and may examine any tool, appliance or machinery used in such employment.
(21) Amend Section 42-3-210 of the 1976 Code to read:
Section 42-3-210. The Commission Division shall tabulate the accident reports received from employers in accordance with SS 42-19-10 and 42-19-20 and shall publish them in the annual report of the Commission Division and as often as it may deem advisable, in such detailed or aggregated form as it may deem best. The name of the employer or employee shall not appear in such publications and the employers' reports shall be private records of the Commission Division and shall not be open for public inspection except for the inspection of the parties directly involved, and then only to the extent of such interest, including third party interests. These reports shall not be used as evidence by or against any employer in any suit at law brought by any employee for the recovery of damages, except by order of the court for good cause shown.
(22) Amend Section 42-3-220 of the 1976 Code to read:
Section 42-3-220. The Commission Division may, by civil action brought in its own name, enforce the collection of any fines or penalties provided by this Title and such fines and penalties shall be used for the purpose of paying salaries and expenses of the Commission division.
(23) Amend Section 42-3-230 of the 1976 Code to read:
Section 42-3-230. The Commission Division may from time to time as it may deem advisable destroy any of its inactive files that are at least five years old. No files of the Commission shall be deemed inactive until the Commission Division is satisfied that they will be of no further use.
(24) Amend Section 42-3-240 of the 1976 Code to read:
Section 42-3-240. The Commission Division shall publish annually for free distribution a report of the administration of this Title, together with such recommendations as the Commission deems advisable, and shall submit annually to the Governor and the General Assembly a report showing receipts, expenditures and disbursements of the Commission Division for the fiscal year terminating on June thirtieth preceding the time of such report.
This section takes effect July 1, 1993./
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Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. GAMBLE proposed the following Amendment No. 257 (Doc Name L:\council\legis\amend\436\11149AC.93), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO AMEND SECTION 20-7-1340 OF THE 1976 CODE, RELATING TO PAYMENT FOR SUPPORT AND TREATMENT OF A CHILD, SO AS TO AUTHORIZE THE COURT TO ORDER PARENTS TO REIMBURSE THE AGENCY WHEN A CHILD IS COMMITTED TO A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF YOUTH SERVICES OR WHEN THE CHILD IS PLACED IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES AND TO CONSIDER THE CONDUCT OF THE PARENTS IN PROVIDING OR FAILING TO PROVIDE SUPERVISION AND CARE FOR THE CHILD WHEN DETERMINING WHETHER TO ORDER REIMBURSEMENT; TO AMEND SECTION 20-7-2180, RELATING TO THE RESPONSIBILITY OF THE BOARD OF YOUTH SERVICES TO PROVIDE FOR A CHILD IN ITS CUSTODY, SO AS TO PROVIDE THAT EXPENSES MUST BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW; AND TO AMEND SECTION 20-7-3270, RELATING TO THE DEPARTMENT OF YOUTH SERVICES CHARGING FEES FOR SERVICES, SO AS TO PROVIDE THAT FEES ALSO MAY BE CHARGED FOR SERVICES RENDERED TO CHILDREN FINALLY COMMITTED TO THE DEPARTMENT AND THAT THESE FEES MUST BE OFFSET BY REIMBURSEMENTS PAID PURSUANT TO COURT ORDER.
A. Section 20-7-1340 of the 1976 Code is amended to read:
"Section 20-7-1340. (A) Whenever If a child is committed by the court to custody other than that of his parents, including, but not limited to, referral or temporary or final commitment to the Board or Department of Youth Services, commitment to a county detention center, or placement in the custody of the Department of Social Services, or is given medical, psychological, or psychiatric evaluation or treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court, shall be subject to whatever provision may be made (for the financing of indigents) by the county where such child is a resident. The the court may, after giving the parent a reasonable opportunity to be heard, may order and decree that such the parent shall pay reimburse the agency, in such a manner as the court may direct, such a sum within his the parent's ability to pay as to cover in whole or in part the support and treatment of such the child. If the parent shall wilfully fail fails or refuse refuses to pay such sum reimburse the agency, the court may proceed against him or her the parent as for contempt.
(B) In determining whether to order reimbursement the court shall consider the conduct of the parent in providing or failing to provide for the care and supervision of the child."
B. Section 20-7-2180 of the 1976 Code is amended to read:
"Section 20-7-2180. From the time of lawful reception of any child by the Board of Youth Services and during his stay in custody in a correctional institution operated by the department, he shall be under the exclusive care, custody, and control of the board. All expenses shall must be borne by the State except as otherwise provided by law."
C. The first paragraph of Section 20-7-3270 of the 1976 Code is amended to read:
"The board is authorized to charge and collect fees for evaluation and treatment services provided for any person referred or temporarily or finally committed to its facilities either at the evaluation center in Columbia or any center or other facility of the department. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary or final commitment or referral. If reimbursement is ordered pursuant to Section 20-7-1340, fees charged under this section must be offset by the amount of reimbursement paid. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees shall be charged to any person who is finally committed to a custodial facility of the Department and no No person shall may be denied treatment, or evaluation, or institutional services because of inability to pay for such these services."/
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays, which were not ordered.
So, the House refused to table the amendment by a division vote of 24 to 64.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 260 (Doc Name L:\council\legis\amend\436\11150AC.93), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO PROVIDE THAT THE GOVERNOR SHALL APPOINT MEMBERS OF THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION TO THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION AS TERMS OF COUNCIL MEMBERS EXPIRE; AND TO PROVIDE THAT THE COUNCIL SHALL DESIGNATE THE COMMISSION AS ITS FISCAL AGENT FOR CERTAIN FUNDS AND SHALL CONTRACT WITH THE COMMISSION TO PERFORM CERTAIN FUNCTIONS.
The Governor shall appoint members of the South Carolina Commission on Higher Education to the State Council on Vocational and Technical Education beginning July 1, 1993, following the term expiration of certain council members on June 30, 1993, and terms subsequent to that date. The membership of the council shall remain in compliance with all applicable federal regulations. The State Council on Vocational and Technical Education shall designate the South Carolina Commission on Higher Education as the fiscal agent for applicable Perkins Act Funds and shall contract with the commission for personnel management, rental space, staff to the council, and meeting the oversight functions and responsibilities of the Perkins Act./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 267 (Doc Name L:\council\legis\amend\JIC\5585HC.93), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND SECTION 59-31-530 OF THE 1976 CODE, RELATING TO TEXTBOOK CONTRACTS, SO AS TO PROVIDE THAT CONTRACTS WITH TEXTBOOK PUBLISHERS AND INSTRUCTIONAL MATERIALS' PROVIDERS SHALL RUN FOR NOT LESS THAN ONE NOR MORE THAN SIX YEARS.
A. Section 59-31-530 of the 1976 Code is amended to read:
"Section 59-31-530. Original contracts made with publishers of all textbooks and providers of instructional materials shall run for a period of four years plus an indefinite period which may be terminated either by the State Board of Education or the Publisher upon ninety days' notice, provided notice is given ninety days before January first of the year of cancellation not less than one year nor more than six years."
B. This section takes effect July 1, 1993, and applies with respect to contracts executed after June 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Reps. McABEE, WILKES, KELLEY, ROGERS, FULMER, GONZALES, HOLT, JENNINGS, KEYSERLING, COBB-HUNTER, R. YOUNG, RICHARDSON, J. BAILEY and WHITE proposed the following Amendment No. 377 (Doc Name L:\council\legis\amend\BBM\10396HC.93), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-312 SO AS TO PROVIDE FOR A SPECIAL VERSION OF A RETAIL BEER AND WINE PERMIT FOR ON- OR OFF-PREMISES CONSUMPTION WITH NO RESTRICTIONS ON THE DAYS OR HOURS OF SALES AND PROVIDE FOR THE USE OF GENERATED REVENUE; TO AMEND SECTION 61-5-180, RELATING TO TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO DELETE THE REQUIREMENTS FOR A FAVORABLE REFERENDUM VOTE BEFORE THE TEMPORARY PERMITS MAY BE ISSUED, PROVIDE FOR A SPECIAL VERSION OF A LICENSE FOR THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, BEER, AND WINE FOR ON-PREMISES CONSUMPTION ONLY WITH NO RESTRICTIONS ON THE DAYS OF HOURS OF SALES, AND PROVIDE FOR THE USE OF GENERATED REVENUE; AND TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PRORATE THE SPECIAL RETAIL PERMIT AND LICENSE FEES PROVIDED IN SECTIONS 61-9-312 AND 61-5-180 FOR THE 1993-94 PERMIT AND LICENSE YEARS.
A. The 1976 Code is amended by adding:
"Section 61-9-312. In lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for on- or off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand, five hundred dollars. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section."
B. Section 61-5-180 of the 1976 Code is amended to read:
"Section 61-5-180. In addition to the provisions of Section 61-5-85, the commission may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The commission shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The permit fees must be credited to the general fund of the State. The commission in its sole discretion shall specify the terms and conditions of the permit.
Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Alcoholic Beverage Control Commission. The question on the ballot shall read substantially as follows:
"Shall the Alcoholic Beverage Control Commission be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?"
A referendum for this purpose may not be held more often than once in forty-eight months.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum. In lieu of the license fees required pursuant to Section 61-5-80, a person otherwise eligible for the license under that section may elect to apply for a special version of that license which allows the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less, beer, and wine for on-premises consumption only without regard to the restrictions on the days or hours of sales. The annual fee for this special license is five thousand dollars. All other requirements for licenses issued for the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less, beer, or wine for on-premises consumption only apply to the special licenses authorized by the section."
C. The Alcoholic Beverage Control Commission shall prorate the special permit and license fees provided in Sections 61-9-312 and 61-5-180 of the 1976 Code added in subsections A and B for the 1993-94 permit or license year according to the length of time the permit or license is valid.
D. Revenues generated by the provisions of Sections 61-9-312 and 61-5-180 of the 1976 Code in fiscal year 1993-94 must be credited to the general fund of the State but may not be appropriated by the General Assembly before January 1, 1994. Before that time, these revenues must be used to offset midyear budget reductions resulting from a lowered general fund revenue estimate by the Board of Economic Advisors resulting from the closing of the Charleston Naval Base.
E.If this section takes effect, it takes effect in lieu of similar provisions in Part I for special permit and license fees./
Renumber sections & amend totals/title to conform.
Rep. WILKES explained the amendment.
Rep. SHARPE raised the Point of Order that Amendment No. 377 was out of order as it was not germane.
The SPEAKER stated that it related to a revenue section.
Rep. HASKINS stated that it was similar to a ruling earlier in which he ruled on an Amendment which dealt with poker machines.
The SPEAKER stated this was germane and he overruled the Point of Order.
Rep. WILKES continued speaking.
Rep. WILKES continued speaking.
Rep. WELLS spoke against the amendment.
Rep. J. BAILEY spoke in favor of the amendment.
Rep. McMAHAND spoke against the amendment.
Rep. T.C. ALEXANDER moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cooper Davenport Delleney Elliott Fair Felder Gamble Govan Graham Hallman Harrell Harris, J. Harvin Harwell Haskins Hines Hodges Holt Houck Huff Hutson Jennings Kennedy Kirsh Koon Lanford Littlejohn Marchbanks Martin Mattos McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Robinson Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Vaughn Waites Waldrop Wells Whipper Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Bailey, J. Barber Byrd Cromer Fulmer Gonzales Harris, P. Keegan Kelley Keyserling McAbee Richardson Rogers Rudnick Scott Shissias Tucker Wilkes Wright Young, R.
So, the amendment was tabled.
The SPEAKER Pro Tempore granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. McABEE moved to reconsider the vote whereby Amendment No. 257 was adopted.
Rep. BEATTY spoke in favor of the motion to reconsider.
Rep. BAKER moved to table the motion to reconsider.
Rep. BEATTY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Brown, H. Cato Clyborne Fair Gamble Harrison Koon Littlejohn Marchbanks Meacham Quinn Riser Robinson Rogers Sharpe Shissias Simrill Stuart Trotter Tucker Walker Wells Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Felder Fulmer Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kirsh Law Martin Mattos McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rudnick Scott Sheheen Smith, D. Smith, R. Spearman Stille Stoddard Stone Thomas Townsend Vaughn Waites Whipper White Wilder, D. Wilder, J. Wilkes Worley Young, R.
So, the House refused to table the motion to reconsider.
Rep. J. BROWN raised the Point of Order that Amendment No. 257 was out of order as it was not germane.
The SPEAKER stated that there was no revenue in the Bill which related to the incarceration of children and he sustained the Point of Order and ruled the amendment out of order.
Rep. LANFORD moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baker Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Chamblee Cooper Corning Davenport Elliott Fair Felder Hallman Harwell Hines Inabinett Kennedy Koon Lanford Marchbanks McKay McLeod McMahand Neilson Robinson Rudnick Scott Sharpe Smith, D. Stille Stoddard Stone Townsend Trotter Vaughn Wilder, D. Wilkes Wofford Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Barber Boan Carnell Cato Clyborne Cromer Delleney Fulmer Gamble Gonzales Harrell Harris, J. Harris, P. Harrison Hodges Holt Houck Huff Hutson Jennings Keegan Kelley Keyserling Kirsh Law Littlejohn Mattos McAbee McCraw McTeer Meacham Moody-Lawrence Phillips Quinn Richardson Riser Rogers Sheheen Shissias Simrill Smith, R. Spearman Stuart Sturkie Thomas Tucker Waites Walker Wells Whipper White Wilder, J. Wilkins Witherspoon Wright Young, A. Young, R.
So, the House refused to adjourn.
The SPEAKER granted Rep. SPEARMAN a leave of absence for the remainder of the day.
Reps. BOAN, McABEE and BAXLEY proposed the following Amendment No. 374 (Doc Name L:\council\legis\amend\N05\7029BD.93), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 51-17-115 OF THE 1976 CODE, RELATING TO THE HERITAGE LAND TRUST FUND, SO AS TO PROVIDE FOR MANAGEMENT DEVELOPMENT TO PROTECT PRIORITY AREAS AND RELATED EXPENDITURES.
Section 51-17-115 of the 1976 Code is amended to read:
"Section 51-17-115. There is created the Heritage Land Trust Fund (the Fund), which must be kept separate from any other funds of the State. The fund must be administered by the Wildlife and Marine Resources Commission for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas. Expenditures under this section for management may not exceed ten percent of revenues to the fund in any fiscal year.
Unexpended balances, including any interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire any interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Budget and Control Board.
The Wildlife and Marine Resources Commission shall report by letter to the presiding officers of the General Assembly not later than January fifteenth of each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.
The Trust fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Any Reimbursement for monies expended from this fund must be deposited in this fund. Any Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or any products of the Preserve such as timber, utility easement rights, and the like, shall accrue to the fund."/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. G. BROWN proposed the following Amendment No. 385 (Doc Name L:\council\legis\amend\DKA\4431AL.93), which was adopted.
Amend the Amendment No. 135 to H. 3610, dated March 15, 1993, bearing document name L:\Council\Legis\Amend\BBM\10371AL.93, as and if amended, by adding an appropriately lettered section to read:
/__. Notwithstanding the provisions of this section, any farm implement which the federal government permits to be manufactured and sold by wholesale or retail businesses in this State and which the federal government permits to be operated on highways must be permitted to be operated on the highways of this State./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
The amendment was then adopted.
Reps. McABEE, HARVIN, STODDARD and KENNEDY proposed the following Amendment No. 387 (Doc Name L:\council\legis\amend\JIC\5547HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an apppropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-622 SO AS TO INCREASE THE TWELVE DOLLAR MOTOR VEHICLE LICENSING FEE BY ONE DOLLAR AND REQUIRE THE ADDITIONAL REVENUE TO BE USED FOR EMERGENCY MEDICAL SERVICES.
A. Article 5, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-622. There is added one dollar to the registration fee imposed pursuant to Section 56-3-620. The revenue from the fee imposed by this section must be credited to the general fund of the State and appropriated only for emergency medical services. The revenue appropriated pursuant to this Section must be allocated to the counties for the purpose of improving or upgrading the EMS System and allocated to EMS Regional Councils for administration of training programs and technical assistance to local EMS units. The funds must be allocated by a ratio of forty-five percent to counties and fifty-five percent to EMS Regional Councils. The Department of Health and Environmental Control shall develop guidelines and administer the system to make allocations within each region based on demonstrated need and local match. These funds may not be transferred to other programs within the department's budget. In addition, when instructed by the State Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds appropriated for EMS Regional Councils or Aid to Counties greater than the stipulated percentage."
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 387 was out of order as it was not germane in that it affected more than 50 percent of the population.
Rep. McABEE argued contra the Point in stating that it did not apply under that.
The SPEAKER stated that there were over 1 million vehicles but that this was not a tax but a fee and there was a difference and he overruled the Point of Order.
Rep. McABEE continued speaking.
Rep. BOAN moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 28.
Statement on voting McABEE Amendment #387
I was away from my desk and could not get back in time to vote. I intended to vote for the McABEE amendment.
Rep. C. ALEX HARVIN, III
Reps. HODGES, HARWELL, MARTIN, DELLENEY, GRAHAM, SHARPE and HUFF proposed the following Amendment No. 390 (Doc Name L:\council\legis\amend\CYY\15367SD.93), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-213 SO AS TO IMPOSE AN ADDITIONAL SURCHARGE OF FIVE PERCENT NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ON THE FINE IMPOSED FOR SPECIFIED CRIMINAL OFFENSES TO BE USED FOR CERTAIN DEFENSE OF INDIGENTS; TO AMEND SECTION 16-3-26, RELATING TO DEFENSE OF INDIGENTS IN CAPITAL CASES SO AS TO ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES AND INVESTIGATIVE ASSISTANCE AND TO REQUIRE A HEARING ON FEES, COSTS AND OTHER EXPENSES AND TO REQUIRE THE SUPREME COURT TO PROMULGATE GUIDELINES CONCERNING QUALIFICATIONS NECESSARY TO BE A DEATH PENALTY QUALIFIED ATTORNEY; TO AMEND SECTION 17-3-30, RELATING TO PERSONS UNABLE TO EMPLOY COUNSEL, SO AS TO IMPOSE AN APPLICATION FEE FOR PUBLIC DEFENDER SERVICES TO BE USED EXCLUSIVELY FOR CERTAIN DEFENSE OF INDIGENTS; TO AMEND SECTION 17-3-50, RELATING TO THE DEFENSE OF INDIGENTS TO ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES AND INVESTIGATIVE ASSISTANCE; AND TO REPEAL SECTION 17-23-70 RELATING TO THE APPOINTMENT OF COUNSEL IN CAPITAL CASES.
(1) The 1976 Code is amended by adding:
"Section 14-1-213. In addition to all other fees, fines, and court costs, there is imposed a surcharge of five percent of the amount of the fine up to a maximum of two hundred fifty dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in (1) general sessions court, or (2) magistrate's courts or municipal courts of this State, except for a nonmoving traffic offense. This fee must not be waived, reduced, or suspended. The clerk of court, magistrate or municipal court judge shall collect the surcharges imposed by this section and remit the proceeds to the State fund on a monthly basis. The monies collected under the provisions of this subsection must be deposited in an interest bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense."
(2) Section 16-3-26 of the 1976 Code is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense. Notwithstanding any other provision of law, the court shall order payment of all fees and costs, not to exceed five thousand dollars per trial from funds appropriated to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed $50 per hour for time expended out of court and $75 per hour for time expended in court. Compensation shall not exceed $25,000 and shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents.
(C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem appropriate.
(D) Payment in excess of the limit in Subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the limit is appropriate because the services provided were of an unusual character or duration and that the expenses were thus reasonably incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs and other expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to insure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated."
(3) Section 17-3-30 of the 1976 Code is amended to read:
"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court for a waiver or reduction in the application fee. In the event the clerk determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court shall collect the application fee imposed by this section and remit the proceeds to the State fund on a monthly basis. The monies must be deposited in an interest bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense.
(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to insure the applicant is qualified."
(4) Section 17-3-50 of the 1976 Code is amended to read:
"Section 17-3-50. (A.) When private counsel is appointed pursuant to this chapter and in accordance with a plan of appointment promulgated by the bar of each county, he shall be paid a reasonable fee to be determined on the basis of ten forty dollars per hour for time spent out of court and fifteen sixty dollars per hour for time spent in court. In no event, however, shall such fee exceed the sum of five hundred dollars in a noncapital case and seven hundred and fifty dollars in a capital case through final judgment on trial. The same hourly rates shall apply on appeal and in post-conviction proceedings provided that such fee shall not exceed the sum of five hundred dollars. Compensation shall not exceed $3,500 in a case in which one or more felonies is charged and $1,000 in a case in which only misdemeanors are charged. Compensation shall be paid from funds appropriated for the defense of indigents. The same basis shall be employed to determine the value of services provided by the office of the public defender for purposes of Section 17-3-40 hereof.
(B.) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed five hundred dollars as the court shall deem appropriate.
(C) Payment in excess of the limit in Subsection (A) or (B) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the limit is appropriate because the services provided were of an unusual character or duration and that the expenses were thus reasonably incurred.
(D) Nothing in this section shall be construed to alter the provisions of Section 17-3-10 concerning those defendants who are entitled to legal representation."
(5) Section 17-23-70 of the 1976 Code is repealed.
(6) This section takes effect July 1, 1993, and the five percent surcharge on criminal fines and the public defender services application fee shall be collected for every offense occurring on or after July 1, 1993. The payment schedule set forth in Section 17-3-50 shall apply to any case for which the arrest has occurred, or for which the warrant, or indictment has been issued, on or after July 1, 1993. The payment schedule set forth in Section 16-3-26 shall apply to any case for which the indictment was issued on or after December 7, 1992./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3610 General Subject Matter: General Appropriation Bill Part II
Section #: 12. Subject Matter: Indigent Defense Fund
Amendment #: 390. Subject Matter:
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. PAULA H. THOMAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3610 General Subject Matter: Budget Part II
Section #: 12. Subject Matter:
Amendment #: 390. Subject Matter: Indigent Defense Fund
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. MORGAN MARTIN
Reps. MEACHAM, WOFFORD, SIMRILL, VAUGHN and A. YOUNG proposed the following Amendment No. 396 (Doc Name L:\council\legis\amend\DKA\4462AL.93), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section to Part II to be appropriately numbered which shall read:
TO PROVIDE THAT OVER A PERIOD OF FIVE YEARS, BEGINNING IN THE FALL OF 1993, STATE COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES SHALL INCREASE TUITION AND FEES FOR OUT-OF-STATE UNDERGRADUATE STUDENTS TO ELIMINATE EIGHTY PERCENT OF THE UNDERGRADUATE STATE GENERAL FUND SUBSIDIES TO OUT-OF-STATE STUDENTS ATTENDING THESE INSTITUTIONS AND TO PROVIDE THAT THE INCREASE IN REVENUE BE USED TO LOWER THE TUITION AND FEES OF IN-STATE UNDERGRADUATE STUDENTS.
Over a period of five years, beginning in the fall of 1993, state colleges, universities, and technical colleges shall increase tuition and fees for out-of-state undergraduate students to a level sufficient to eliminate eighty percent of the undergraduate state general fund subsidies for the cost of these students. The increased revenue generated as a result of the change must be used to lower the cost of tuition and fees for in-state undergraduate students./
Renumber sections & amend totals/title to conform.
Rep. MEACHAM explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 396 was out of order as it was not germane.
Rep. MEACHAM stated that there was flexibility in that it stated to begin to only address this in the fall of 1993 and that the amendment did not limit it to 10 percent each year.
The SPEAKER overruled the Point of Order.
Rep. FELDER spoke against the amendment.
Rep. MEACHAM spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. FELDER demanded the yeas and nays, which were not ordered.
The amendment was then rejected by a division vote of 51 to 54.
Rep. McLEOD proposed the following Amendment No. 403 (Doc Name L:\council\legis\amend\JIC\5635HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT 7.84 CENTS A GALLON OF GASOLINE AND OTHER MOTOR FUELS TAX REVENUES MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR HIGHWAY DIVISION PERSONNEL COSTS, TO REQUIRE THE REMAINING GASOLINE AND OTHER MOTOR FUELS TAX REVENUES TO BE CREDITED TO THE GENERAL FUND OF THE STATE AND LEVY THE TAXES FOR THAT PURPOSE, AND TO REQUIRE THE HIGHWAY DIVISION TO EXHAUST PRIOR STATE HIGHWAY FUND REVENUE BEFORE EXPENDING CURRENT REVENUES.
A. Notwithstanding the provisions of Chapter 27 of Title 12 of the 1976 Code relating to the disposition of gasoline and other motor fuel revenues, after June 30, 1993, the tax revenue from seven and eighty-four one hundredths cents on each gallon of gasoline or other motor fuels must be creditd to the State Highway Fund and used for the personnel costs of the Highway Division of the Department of Transportation. All other gasoline and other motor fuels tax revenues must be credited to the general fund of the state and to this extent, these taxes are levied for the general operations of state government. No current revenues of the State Highway Fund may be expended by the Highway Division until all revenues in the fund attributable to prior fiscal years are first exhausted.
B. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barber Baxley Breeland Brown, H. Carnell Cato Clyborne Corning Cromer Fair Felder Gamble Gonzales Govan Graham Harrell Harrison Harvin Haskins Holt Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Koon Law Marchbanks Martin McAbee Meacham Quinn Riser Sharpe Sheheen Shissias Simrill Smith, D. Stoddard Stuart Thomas Trotter Vaughn Waites White Wilder, J. Wilkes Wilkins Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Allison Askins Bailey, J. Brown, G. Byrd Chamblee Cobb-Hunter Davenport Delleney Elliott Harris, J. Harris, P. Hines Hodges Houck Kennedy Kirsh Lanford Littlejohn McCraw McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Robinson Rudnick Scott Smith, R. Stille Stone Tucker Walker Wells Whipper Wilder, D. Witherspoon Wofford Worley
So, the amendment was tabled.
The SPEAKER granted Rep. QUINN a temporary leave of absence.
I would have voted against cigarette tax increases while away at a hearing.
Rep. RICHARD M. QUINN, JR.
Reps. CARNELL and P. HARRIS proposed the following Amendment No. 421 (Doc Name L:\council\legis\amend\DKA\4442HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO SIX MILLS ARE TO PROVIDE FOR THE DISPOSITION OF THE ADDITIONAL REVENUE.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half six mills on each cigarette."
B. The revenues derived from two and one-half mills of the cigarette tax imposed pursuant to Section 12-21-620(5) of the 1976 Code first must be appropriated to provide annually recurring revenues for the medicaid pharmaceutical program. Any remaining revenues must be appropriated for the other components of the medicaid program, other health programs, and other social service programs.
C. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. CARNELL explained the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. WITHERSPOON spoke against the amendment.
Rep. GONZALES raised the Point of Order that Amendment No. 421 was out of order as it was not germane in that it affected over 50 percent of the population.
Rep. CARNELL argued contra the Point in stating that 25 percent of the population smoked.
The SPEAKER stated that it did not affect more than 50 percent of the population and he overruled the Point of Order.
Rep. MARTIN moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Askins Baker Barber Baxley Boan Brown, G. Brown, H. Cato Clyborne Cooper Cromer Davenport Elliott Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Hines Hodges Huff Hutson Jennings Keegan Kelley Kennedy Kirsh Koon Law Littlejohn Marchbanks Martin Mattos McKay McLeod Meacham Neilson Phillips Richardson Riser Robinson Rogers Sharpe Sheheen Simrill Smith, R. Stille Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Bailey, J. Beatty Breeland Brown, J. Byrd Carnell Cobb-Hunter Delleney Fair Govan Harris, P. Holt Inabinett Keyserling Lanford McAbee McCraw McMahand McTeer Moody-Lawrence Neal Scott Shissias Smith, D. Stoddard Stone Stuart Sturkie Tucker Waites Whipper White Wilder, D. Wilder, J.
So, the amendment was tabled.
Rudnick (Present) Nay
Rhoad (Absent) Aye
Rep. BAXLEY moved to reconsider the vote whereby Amendment No. 403 was tabled.
Rep. HASKINS moved to table the motion to reconsider, which was agreed to by a division vote of 54 to 33.
Reps. WHITE, McABEE and COBB-HUNTER proposed the following Amendment No. 394 (Doc Name L:\council\legis\amend\WWW\30050DW.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 20 IN CHAPTER 21 OF TITLE 12, RELATING TO LICENSE TAXES, BY ENACTING THE VIDEO GAME MACHINES ACT, SO AS TO REGULATE AND TAX VIDEO GAMES WITH A FREE PLAY FEATURE, PROVIDE FOR THE DISPOSITION OF THE TAX REVENUE, REQUIRE A ONE-TIME NONREFUNDABLE FEE OF FIVE HUNDRED DOLLARS ON CERTAIN MACHINES FOR USE BY THE TAX COMMISSION IN BUYING AND INSTALLING METERING DEVICES AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 12-21-2726, AS AMENDED, AND 12-21-2738, RELATING TO LICENSING OF COIN-OPERATED MACHINES AND DEVICE LICENSES AND PENALTIES, SO AS TO REVISE REQUIREMENTS AND INCREASE CERTAIN PENALTIES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO OFFENSES CLASSIFIED AS FELONIES, SO AS TO ADD THE FELONIES CREATED BY THIS SECTION; AND TO REPEAL SECTION 12-21-2732 RELATING TO AN OBSOLETE LICENSE ATTACHMENT REQUIREMENT.
A. Title 12, Chapter 21 of the 1976 Code is amended by adding:
Section 12-21-2770. This article may be cited as the Video Game Machines Act.
Section 12-21-2772. As used in this article:
(1) 'Associated equipment' means a proprietary device, machine, or part used in the manufacture or maintenance of a video game machine including, but not limited to, integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, and metering devices.
(2) 'Commission' means the South Carolina Tax Commission.
(3) 'Distributor' means any person who buys and sells, or leases video machines or associated equipment in this State. A distributor may also own, operate, service, or repair video machines in this State.
(4) 'Licensed establishment' means an establishment owned or managed by a person who is licensed pursuant to Article 19 of this chapter for the location of coin-operated nonpayout video machines with a free play feature.
(5) 'Machine' means an electronic video games machine that, upon insertion of cash, is available to play or simulate the play of games as authorized by the commission utilizing a video display and microprocessors in which, by chance, the player may receive free games or credits that can be redeemed for cash.
(6) 'Manufacturer' means any person that manufactures or assembles and programs machines or associated replacement equipment authorized for sale or use in this State.
(7) 'Net machine income' means money put into the machine minus money paid out in cash. 'Gross machine income' means the sum of all cash/money put into the machine.
(8) 'Machine owner' means any person, other than a distributor, who owns and operates, maintains, repairs, or services one or more machines in licensed establishments. For purposes of this article 'owner/operator' is defined the same as 'machine owner'.
(9) 'Contraband device/equipment' or 'gray area machine' means any unlicensed machine.
(10) 'Service entity' means any person other than a distributor or machine owner who repairs, services, inspects, or examines video machines.
Section 12-21-2774. Each machine licensed under this chapter:
(1) may not have any means of manipulation that affect the random probabilities of winning a video game;
(2) shall have one or more mechanisms that accept only coins or cash in the form of bills. The mechanisms must be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means;
(3) must have a commission supplied metering device that keeps a record of all cash (total coin accepted and total credit generated by the bill acceptor) inserted into the machine, credits played for video games and credits won by video players and refunds of winnings and other information as prescribed by the commission;
(4) must be capable of being accessed on demand by telecommunication from a central computer for purposes of polling or reading device activities and for central computer remote shutdown of machine operations.
Section 12-21-2776. (A) All machines must be registered and licensed by the commission under procedures and guidelines issued by the commission.
(B) By July 1, 1994, all machines registered and licensed by the commission must be equipped with a commission supplied metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission.
(C) A machine owner, operator, or licensed establishment must provide immediate and ongoing proof that all applicable federal, state, and local taxes and license fees have been paid.
Section 12-21-2778. A machine must have a credit payback value of at least seventy percent. The commission shall establish the mechanism for ensuring that the machines comply with this section.
Section 12-21-2779. A machine may not allow more than two dollars to be placed on a game or award won games or credits in excess of the value of five hundred dollars.
Section 12-21-2780. Each machine must be licensed pursuant to Article 19 of this chapter by the commission before placement or operation on the premises of a licensed establishment. Each machine must have the license prominently displayed pursuant to Article 19 of this chapter.
Section 12-21-2781. A seal must be affixed to the commission supplied metering device which corresponds to the license as set forth in Section 12-21-2780.
Section 12-21-2782. The commission shall promulgate regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection.
Section 12-21-2783. No more than five machines may be located in a building that has less than twelve hundred and fifty square feet and where items are sold for off-premise consumption.
Section 12-21-2784. Each machine manufacturer, distributor, operator, and licensed establishment must be licensed by the commission pursuant to Article 19 of this chapter and this article before a machine or associated equipment is manufactured, distributed, sold, or placed for public use in this State.
Section 12-21-2786. A person licensed as a machine manufacturer, distributor, operator, or licensed establishment may be required to submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of ten percent or more in a parent or subsidiary corporation of a machine manufacturer, distributor, or operator. The commission shall promulgate regulations to establish the criteria for the investigation and to establish additional requirements to preserve the integrity and security of the industry.
Section 12-21-2788. The placement of machines in licensed establishments is subject to the provisions of Article 19 of this chapter and the regulations promulgated by the commission. An establishment with a license for the on-premises consumption of beer, wine, or alcoholic liquors issued pursuant to Title 61 shall place the machines in an area restricted to persons twenty-one years of age or older. An establishment may erect a permanent physical barrier to allow for multiple uses of the premises by persons of all ages, if persons under the age of twenty-one are not permitted access to the area reserved for machine placement. The commission shall promulgate regulations concerning the type of barrier and the display of signs designating the area as restricted. Notwithstanding the restrictions in this article, persons under the age of twenty-one may only enter the premises or designated area where machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older.
Section 12-21-2790. The commission shall deny or revoke an establishment license for machine placement that does not meet the requirements of Section 12-21-2788.
Section 12-21-2792. Eighteen and two-tenths percent of the gross machine income must be reported and remitted to the commission twice a month on a schedule determined by the commission. The revenue must be remitted in a manner provided by the commission. All payments not remitted when due must be paid together with a penalty determined by the commission. Of the Eighteen and two-tenths percent remitted, the commission, upon verification of the correctness of the amount, must advise the State Treasurer to disburse the funds as follows:
(1) twenty percent to Education Improvement Act of 1984 Fund as set forth in Section 59-21-1010(B);
(2) fifteen percent to the municipalities and counties and allocated pursuant to the provisions of Chapter 27 of Title 6;
(3) sixty-five percent to the general fund of the State.
A machine owner, operator, or licensed establishment who falsely reports or fails to report the amount due required by this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years. In addition, the person must have his license revoked by the commission for not less than three years nor more than ten years.
Section 12-21-2794. It is unlawful to tamper with a machine with intent to interfere with its proper operation. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars, or both.
Section 12-21-2795. Skimming of machine proceeds is the intentional excluding, or the taking of any action in an attempt to exclude anything or its value from the deposit, counting, collection, or computation of revenues from machines. Whoever commits skimming of machine proceeds is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2796. A person who, with intent to manipulate the outcome, payoff, or operation of a machine, manipulate the outcome, payoff, or operation of a machine by physical tampering or any other means is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years or fined not more than one thousand dollars, or both.
Section 12-21-2797. A machine owner or distributor placing a machine on location or who causes a machine to be operated without the state supplied metering device is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and may be fined not more than twenty-five thousand dollars.
Section 12-21-2798. The commission shall promulgate regulations pertaining to the machines and persons licensed by it. These regulations must include, but are not limited to:
(1) prohibiting the acceptance of checks or credit cards for playing the machines;
(2) prohibiting the extension of credit, advances, loans, or financial inducements for playing the machines;
(3) assuring access is limited to persons twenty-one years of age or older;
(4) prohibiting the use of any type of advertisement to promote the play of the machines;
(5) the mechanism for transmitting revenue, service, and access information, as well as revenue amounts owed electronically;
(6) the mechanism for verifying information transmitted to the commission;
(7) establishment of guidelines for licensing and review of licensing decisions, including background investigations and license revocation;
(8) the classification of businesses for purposes of housing machines;
(9) the requirements for training of machine owners, operators, or licensed establishment and technical personnel to assure that only qualified persons have access to the interior workings of the machines;
(10) other information considered necessary by the commission to carry out the provisions of this article.
Section 12-21-2800. (A) The commission annually shall issue the following licenses to qualified persons who meet the definitions provided for in Section 12-21-2772 and who comply with the provisions of this article:
(1) Manufacturer $5,000
(2) Distributor $3,000
(3) Service Entity $2,000
(4) Machine Owner $1,000
(5) Licensed Establishment $ 100.
(B) A machine owner shall pay a machine owner fee for the privilege of owning and operating machines and is not required to pay more than one device owner fee.
(C) The machine owner fee is due and payable in addition to any licensed establishment fee resulting from the placement of machine at that establishment. If more than one machine is placed at a licensed establishment, only one licensed establishment fee is due for that establishment.
(D) The licenses required by this section must be acquired before July 1, 1994.
C. Section 12-21-2726 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:
(1) the type of machine;
(2) the number of machines; and
(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes."
D. Section 12-21-2738 of the 1976 Code is amended to read:
"Section 12-21-2738. Any A person who:
(1) fails, neglects, or refuses to comply with the terms and provisions of this article; or who
(2) fails to attach the required license to any a machine, apparatus, billiard, or pocket billiard table,; as herein required, or
(3) fails to display conspicuously the required license where a machine is being operated; is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.
For purposes of the violation established pursuant to item (3) of this section, each machine by type in excess of the appropriate license displayed constitutes a separate violation.
In addition to the penalty in this section, an unlicensed machine is to have been on location as of June first of the licensing period, and the full annual license amount must be collected."
E. Section 12-21-2732 of the 1976 Code is repealed.
F. Section 16-1-10 of the 1976 Code is amended by including the felonies created by the Video Game Machines Act.
G. Subsections B through G of this section are effective after June 30, 1994, except that:
(1) Section 12-21-2800 of the 1976 Code, as added by Subsection B of this section is effective after June 30, 1993;
(2) Subsection C of this section is effective for licenses issued beginning on July 1, 1993;
(3) Subsection D is effective July 30, 1993./
Renumber sections & amend totals/title to conform.
Rep. WHITE explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. FAIR moved to table the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey, J. Baker Baxley Boan Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Delleney Elliott Fair Gonzales Govan Graham Harris, J. Haskins Hines Hodges Holt Huff Hutson Keegan Kelley Kirsh Koon Lanford Littlejohn Marchbanks Mattos McCraw McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Riser Robinson Rudnick Sheheen Shissias Smith, D. Smith, R. Stone Sturkie Trotter Vaughn Waites Waldrop Walker Wells Wilder, J. Wilkins Witherspoon Wright Young, A.
Those who voted in the negative are:
Barber Beatty Breeland Brown, J. Byrd Carnell Cobb-Hunter Cromer Felder Fulmer Gamble Harrell Harris, P. Harrison Harvin Jennings Kennedy Keyserling Martin McAbee Richardson Rogers Sharpe Stille Stoddard Stuart Townsend Tucker White Wilder, D. Wilkes Wofford Worley Young, R.
So, the amendment was tabled.
Had I been present to vote on Amendment No. 394, I would have voted yea to table.
Rep. SIMRILL
I wish to be recorded as voting to table Amendment No. 394.
Rep. BECKY MEACHAM
Reps. CARNELL and P. HARRIS proposed the following Amendment No. 422 (Doc Name L:\council\legis\amend\DKA\4443HC.93), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO FIVE MILLS ARE TO PROVIDE FOR THE DISPOSITION OF THE ADDITIONAL REVENUE.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half five mills on each cigarette."
B. The revenues derived from one and one-half mills of the cigarette tax imposed pursuant to Section 12-21-620(5) of the 1976 Code first must be appropriated to provide annually recurring revenues for the medicaid pharmaceutical program. Any remaining revenues must be appropriated for the other components of the medicaid program, other health programs, and other social service programs.
C. This section takes effect July 1, 1993./
Renumber sections & amend totals/title to conform.
Rep. CARNELL explained the amendment.
Rep. P. HARRIS spoke in favor of the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baker Barber Baxley Boan Brown, G. Brown, H. Cato Clyborne Cooper Cromer Davenport Elliott Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harrison Harwell Hines Hodges Huff Hutson Jennings Keegan Kelley Kennedy Kirsh Littlejohn Marchbanks Martin McKay McLeod Meacham Moody-Lawrence Riser Robinson Rogers Sharpe Sheheen Simrill Smith, R. Stille Trotter Vaughn Waldrop Wilkins Witherspoon Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Beatty Breeland Brown, J. Byrd Carnell Cobb-Hunter Corning Delleney Fair Felder Govan Graham Harris, P. Haskins Holt Houck Keyserling Koon Lanford Law McAbee McCraw McMahand McTeer Neal Phillips Richardson Scott Shissias Stoddard Stone Stuart Sturkie Thomas Townsend Tucker Waites Walker Whipper White Wilder, D. Wilder, J. Wilkes
So, the amendment was tabled.
Rudnick (Present) Nay
Rhoad (Absent) Aye
Rep. BOAN moved immediate cloture on Part II, which was agreed to.
Rep. BOAN moved that when the House adjourns it adjourn to meet at 12:00 Noon, Tuesday, March 23, in Statewide Session, which was agreed to.
Rep. KIRSH moved to reconsider the vote whereby Amendment No. 396 was rejected and the motion was noted.
Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 422 was tabled and the motion was noted.
Rep. BOAN moved that the House do now adjourn, which was adopted.
Rep. BOAN moved to reconsider the vote whereby Part II, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 27, 28, 29, 31, 32, 33, Amendment #74, Amendment #75, Amendment #94, Amendment #98, Amendment #118, Amendment #135, Amendment #212, Amendment #254, Amendment #260, Amendment #267, Amendment #374, Amendment #385 and Amendment #390 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, immediate cloture having been ordered on Part II.
At 7:50 P.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of Robert L. Armstrong, Jr., of Irmo, to meet at 12:00 Noon, Tuesday, March 23, in Statewide Session.
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