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| H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.
The following Bill was taken up.
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A
Rep. NEILSON moved to adjourn debate upon the Bill, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.
S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE
S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR
INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A
MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
The following Bill was taken up.
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
Rep. FAIR proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\6035HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Article 3, Chapter 9, Title 61 of the 1976 Code is amended by adding:
"Section 61-9-314. An establishment required to have the retail sales license provided in Article 5, Chapter 36 of Title 12 may not give away beer and wine to patrons or allow the consumption of beer and wine on the premises of the establishment without first obtaining the license provided pursuant to Section 61-9-310 for the on-premises consumption of beer and wine."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FAIR explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. FAIR argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. BREELAND moved to reconsider the vote whereby H. 3759 was given a second reading and the motion was noted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Article 3, Chapter 9, Title 61 of the 1976 Code is amended by adding:
"Section 61-9-314. An establishment required to have the retail sales license provided in Article 5, Chapter 36 of Title 12 may not give away beer and wine to patrons for any period in excess of four hours a week or allow the consumption on the premises of the establishment beer and wine purchased elsewhere without first obtaining the license provided pursuant to Section 61-9-310 for the on-premises consumption of beer and wine."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY raised the Point of Order that Amendment No. 5 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. RICHARDSON and J. HARRIS proposed the following Amendment No. 6, which was adopted.
Amend, as and if amended, by adding an appropriately numbered section which states:
Anyone who purchased a license on or after June 30, 1992 and paid a full two-year fee for a partial period shall be reimbursed for the portion not covered by a two-year period on a pro-rata basis.
Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6037HTC.95), which was ruled out of order.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:
"A person who initially applies for a license after the first day of a
license period shall pay license fees in accordance with the schedule provided
in Section 61-5-80(B)."
SECTION 3. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by adding:
"Section 61-3-435. (A) Notwithstanding any other provision of law and in the case of a retail dealer's license only:
(1) a license may be sold in the existing location to any purchaser approved by the department who otherwise would qualify to hold such a license;
(2) upon the licensee's death, the license shall pass by will or operation of law or personal property of the decedent.
(B) If the department determines that the new holder of a retail license passing pursuant to subsection (A)(2) of this section is ineligible to hold the license pursuant to Section 61-3-420, it may suspend the license until compliance is obtained.
(C) The department shall not allow the transfer of a retail license under any circumstance when the transfer is to a holder in violation of Section 61-3-450, 61-3-460, or 61-3-461.
(D) A transferee holder under the provisions of this section has all the rights under the license of the original license holder, including exemption from the limitation imposed pursuant to Section 61-3-480.
(E) A retail dealer's license may be moved to a new location in compliance with Section 61-3-440 and with the approval of the department if the new location in a municipality is not within a radius of one thousand five hundred yards of an existing location or if an unincorporated area, within two thousand yards of an existing location. Removal to a new location is considered a renewal of a license and is subject to the public notice requirement of Section 61-3-490."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
Rep. KNOTTS argued contra the Point.
The SPEAKER stated that the Bill dealt with refunds and the amendment dealt
with the transfer of liquor licenses and he sustained the Point of Order and
ruled the amendment out of order.
Rep. HARRISON asked unanimous consent that S. 397 be read a third time tomorrow.
Rep. MARCHBANKS objected.
The motion of Rep. BREELAND to reconsider the vote whereby the following Bill was given a second reading was taken up.
H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill,
Limehouse and Meacham: A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING
WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH
CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE
REQUIREMENT
THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE
TO
MINORITY BUSINESSES; TO AMEND SECTION 13-21-30, RELATING TO THE EDISTO
DEVELOPMENT AUTHORITY AND THE RIGHTS AND POWERS OF ITS GOVERNING BOARD, SO
AS TO
DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW
RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 41-43-90, AS
AMENDED, RELATING TO THE SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT
AUTHORITY AND
TO THE CORPORATE AND OTHER POWERS OF THE AUTHORITY, SO AS TO DELETE THE
REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING
TO
ASSISTANCE TO MINORITY BUSINESSES; AND TO REPEAL SECTION 12-27-1320, RELATING TO
GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND
ECONOMICALLY DISADVANTAGED ETHNIC MINORITIES AND DISADVANTAGED FEMALES,
AND
ARTICLE 21 OF CHAPTER 35, TITLE 11, RELATING TO THE PROCUREMENT CODE AND
ASSISTANCE TO MINORITY BUSINESSES.
Those who voted in the affirmative are:
Allison Cain Cato Chamblee Cooper Dantzler Delleney Easterday Fair Fleming Gamble Hallman Harris, J. Harris, P. Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Marchbanks Mason McCraw McKay Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Govan Hines Howard Inabinett Jennings Keyserling Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Richardson
Scott Thomas Whipper, L. Whipper, S. White Wilkes
So, the motion to reconsider was tabled.
The following Bill was taken up.
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4048CM.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. A. The 1976 Code is amended by adding:
"Section 24-3-435. Inmates under the supervision of the South Carolina Department of Corrections who are not considered a safety risk by the department may be utilized by a municipality, county, school district, and qualified charitable organizations exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code of 1986 for the purposes of construction, repair, or maintenance services when the value of those construction services shall not exceed the limit allowable for unlicensed contractors pursuant to the South Carolina Contractors Licensing Law. Notwithstanding that the Department otherwise retains discretion to determine other categories of offenses which it deems a safety risk, an inmate convicted of a crime involving sexual battery as defined in Section 16-3-651 or assault with intent to commit criminal sexual conduct is considered a safety risk. The municipality, county, school district, or qualified 501(c)(3) organizations must reimburse the department for the cost of transportation of inmates. Inmates are not considered employees of the municipality, county, school district, or qualified 501(c)(3)
B. The 1976 Code is amended by adding:
"Section 24-13-100. (A) Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) eighty percent of the actual term of imprisonment imposed if the prisoner is convicted of a `violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) sixty percent of the actual term of imprisonment imposed if the prisoner is convicted of a crime not listed in Section 16-1-60.
(B) These percentages must be calculated without the application of earned work credits, education credits, and good time credits. These percentages are to be applied to the actual term of imprisonment, not to include the portion of the sentence which has been suspended.
(C) If, during the term of imprisonment, a prisoner commits an offense or violates one of the rules of the institution, all or part of the credit he has earned may be forfeited at the discretion of the director of the Department of Corrections, if the prisoner is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold credits is solely the responsibility of officials named in this subsection.
(D) This section does not apply to those prisoners serving time in a local correctional facility except those prisoners serving time in a local facility pursuant to a designated facility agreement."
C. The 1976 Code is amended by adding:
"Section 24-13-150. (A) Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement
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