Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

SENATE BILLS AND RESOLUTIONS

| Index to Bills 7-240 | Index to Bills 251-264 | Index to Bills 265-429 |
| Index to Bills 436-629 | Index to Bills 630-787 | Index to Bills 800-911 |

S. 265 -- Senators Stilwell, Courtney, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

S. 266 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THERE IS A REBUTTABLE PRESUMPTION THAT THE AMOUNT REQUIRED BY THE CHILD SUPPORT GUIDELINES IS THE CORRECT AMOUNT TO BE AWARDED AND THAT FINDINGS WHICH REBUT THE GUIDELINES MUST STATE THE AMOUNT OF THE AWARD REQUIRED BY THE GUIDELINES AND A JUSTIFICATION OF WHY THE ORDER VARIES FROM THE GUIDELINES; TO PROVIDE THAT APPLICATION OF THE GUIDELINES TO AN EXISTING ORDER IS CONSIDERED A CHANGE OF CIRCUMSTANCES ONLY IN TITLE IV-D CASES; AND TO PROVIDE FACTORS THAT THE COURT SHALL CONSIDER AS POSSIBLE REASONS FOR DEVIATION FROM THE GUIDELINES OR FOR FINDING A CHANGE IN CIRCUMSTANCES.

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.

S. 274 -- Senators Short and Rose: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT OBLIGATIONS SO AS TO DIRECT THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN EMPLOYER NEW HIRE REPORTING PROGRAM.

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 60 ENACTING THE SOUTH CAROLINA REVENUE PROCEDURES ACT SO AS TO PROVIDE THE PROCEDURES APPLICABLE FOR THE APPEAL OF TAX MATTERS AND APPEALS ARISING UNDER MATTERS ARISING OUT OF DETERMINATIONS OF THE DEPARTMENT OF REVENUE AND TAXATION IN DIVISION OF MOTOR VEHICLE MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-31-290 SO AS TO PROVIDE PENALTIES FOR FAILING TO COMPLY WITH REGISTRATION REQUIREMENTS FOR PURPOSES OF THE ROAD TAX ON MOTOR CARRIERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-25 AND 12-54-85 SO AS TO PROVIDE THE MANNER OF DETERMINING INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS AND THE APPLICABLE STATUTES OF LIMITATIONS ON ASSESSMENTS AND CLAIMS FOR REFUND; TO AMEND SECTIONS 12-37-850, 12-45-180, AS AMENDED, 12-37-2680, AS AMENDED, AND 12-43-220, AS AMENDED, RELATING TO DUE DATES FOR PROPERTY TAXES, LIMITATIONS ON LEGAL PROCESS AFFECTING A COUNTY AUDITOR, AND ASSESSED VALUE OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO CONFORM THESE SECTIONS TO THE PROVISIONS OF CHAPTER 60; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-7-1140, RELATING TO ALLOCATION OF INCOME FOR PURPOSES OF THE STATE INCOME TAX ON MULTISTATE BUSINESSES ENGAGED IN MANUFACTURING, OR ANY FORM OF COLLECTING, BUYING, ASSEMBLING, OR PROCESSING GOODS OR MATERIALS IN THIS STATE, OR SELLING, DISTRIBUTING, OR DEALING IN TANGIBLE PERSONAL PROPERTY IN THIS STATE, SO AS TO PROVIDE THE SALES FACTOR MUST BE USED TWICE IN COMPUTING NET INCOME SUBJECT TO INCOME TAX IN THIS STATE AND TO PROVIDE FOR THE ALLOCATION FORMULA WHEN A FACTOR IS NOT PRESENT; TO AMEND SECTIONS 12-2-20, AS AMENDED, AND 12- 54-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF STATE TAX LAW AND ENFORCEMENT AND COLLECTION, SO AS TO INCLUDE A LIMITED LIABILITY COMPANY WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 12-7-1210, AS AMENDED, RELATING TO WORKING SPOUSE INCOME TAX CREDIT, SO AS TO DELETE THE PROHIBITION OF THE CREDIT ON A NONRESIDENT RETURN; TO AMEND SECTION 12-54-227, RELATING TO COLLECTION OF TAXES BY CONTRACT WITH COLLECTION AGENCIES, SO AS TO DELETE THE RESTRICTION ON SUCH COLLECTIONS TO NONRESIDENTS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE NONDISCLOSURE REQUIREMENTS FOR TAX RECORDS HELD BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW REPORTING OF CERTAIN INFORMATION WITH RESPECT TO BANKRUPTCY PROCEEDINGS AND INSURANCE FRAUD; TO AMEND SECTIONS 33-41-1160 AND 33-43-1002, RELATING TO FOREIGN LIMITED LIABILITY PARTNERSHIPS AND FOREIGN LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT BY APPLYING FOR A CERTIFICATE OF AUTHORITY TO BUSINESS, THE PARTNERSHIP OR COMPANY AGREES TO THE JURISDICTION OF THE DEPARTMENT OF REVENUE AND TAXATION AND THE COURTS OF THIS STATE FOR THE DETERMINATION OF SOUTH CAROLINA TAX LIABILITY; AND TO REPEAL SECTION 12-4-335, CHAPTER 5 OF TITLE 12, SECTIONS 12-7-620, 12-7- 630, 12-7-1650, 12-7-1670, 12-7-2000, 12-7-2210, 12-7-2220, 12-7-2240, 12-7-2300, 12-7- 2310, 12-7-2440, 12-7-2510, 12-7-2710, 12-7-2720, 12-7-2730, 12-7-2740, 12-7-2750, 12-7- 2760, 12-7-2780, 12-9-400, 12-9-810, 12-9-820, 12-9-830, 12-9-840, 12-9-850, 12-16-1130, 12-16-1310, 12-16-1320, 12-16-1330, 12-16-1340, 12-16-1350, 12-16-1360, 12-16-1920, 12- 16-1930, 12-16-1940, 12-19-60, 12-19-160, 12-21-160, 12-21-470, 12-21-700, 12-21-710, 12-21-2080, 12-21-2480, 12-21-2560, 12-21-2570, 12-21-2840, 12-21-2850, 12-21-3020, 12- 21-3030, 12-21-3040, 12-21-3050, 12-21-3060, 12-21-3090, 12-21-3100, 12-21-3110, 12-21- 3120, 12-21-3130, 12-23-70, 12-23-80, 12-23-100, 12-23-110, 12-27-50, 12-27-310, 12-27- 340, 12-27-580, 12-27-820, 12-29-140, 12-29-420, 12-29-430, ARTICLE 7 OF CHAPTER 29, 12-31-460, 12-31-470, 12-31-480, ARTICLE 7 OF CHAPTER 31, 12-37-2180, 12-37- 2480, 12-39-65, 12-43-305, CHAPTER 47 OF TITLE 12, 12-49-70, ARTICLE 3 OF CHAPTER 53, SECTIONS 12-54-20, 12-54-30, AND 12-54-80, ALL OF THE 1976 CODE AND ALL RELATING TO TAX PROCEDURES.

S. 288 -- Senators Greg Smith and Reese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.

S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

S. 297 -- Senator Russell: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

S. 298 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-35 SO AS TO PROVIDE THAT FOR PURPOSES OF THE PRACTICE TEACHING REQUIREMENT NECESSARY FOR TEACHER CERTIFICATION, A TEACHER WITH AT LEAST FIVE YEARS TEACHING EXPERIENCE IN A CRITICAL NEEDS CURRICULA IN AN ACCREDITED PRIVATE OR PAROCHIAL SCHOOL IN THIS STATE IS ENTITLED TO RECEIVE A WAIVER FROM THE PRACTICE TEACHING REQUIREMENT IN THE SAME MANNER A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE IN THE CRITICAL NEEDS CERTIFICATION PROGRAM MAY RECEIVE SUCH A WAIVER.

S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO PROVIDE THAT "TRADEMARK" ALSO MEANS THE SYMBOL, EMBLEM, SIGN, INSIGNIA, OR ANY COMBINATION OF THESE, OF THE UNITED STATES OLYMPIC COMMITTEE OR THE INTERNATIONAL OLYMPIC COMMITTEE.

S. 313 -- Senator McConnell: A BILL TO AMEND SECTION 54-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTAGE LICENSES, SO AS TO DELETE THE DRAFT RESTRICTIONS FOR APPRENTICE BRANCH LICENSES AND TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH IN REGULATION THE TONNAGE AND DRAFT RESTRICTIONS FOR EACH SHORT BRANCH APPRENTICE LICENSE.

S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.

S. 321 -- Senator Washington: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT AN ILLUSTRATION OR A MECHANICAL MODEL MAY BE USED TO DEMONSTRATE THE MANNER OF VOTING ON THE MACHINE.

S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR FACILITIES WHICH PROVIDE CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

S. 330 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese and Rose: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

S. 334 -- Senators McGill, Glover and Leatherman: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

S. 339 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE MR. DAVID R. MERCER, THE NATIONAL EXECUTIVE DIRECTOR OF THE YMCA OF THE UNITED STATES, FOR HIS DEDICATION AND EXEMPLARY SERVICE TO THE YMCA OVER THE LAST THIRTY-FIVE YEARS.

S. 340 -- Senator Elliott: A CONCURRENT RESOLUTION URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER, CONSISTENT WITH THE AMERICAN LEGAL SYSTEM OF FREEDOM OF EXPRESSION, TO PROHIBIT WANTON DESTRUCTION OF THE FLAG OF THE UNITED STATES OF AMERICA.

S. 341 -- Senators Passailaigue, Ford, McConnell, Richter, Rose, Greg Smith and Washington: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF MR. MILTON ALFRED PEARLSTINE, PRESIDENT OF I.M. PEARLSTINE AND SONS, CHARLESTON'S OLDEST CONTINUOUSLY OPERATED FAMILY BUSINESS.

S. 342 -- Senators Courson, Giese, Patterson and Jackson: A CONCURRENT RESOLUTION TO HONOR CAPTAIN DAVID NEWTON DENTON, EXECUTIVE DIRECTOR OF THE RICHLAND COUNTY LEGISLATIVE DELEGATION AND VETERANS AFFAIRS OFFICER, ON THE OCCASION OF HIS RETIREMENT.

S. 343 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. MARION WOODARD WRIGHT MCLESTER OF REMBERT WHO DIED FRIDAY, DECEMBER 30, 1994.

S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT UP TO TWO HUNDRED THOUSAND DOLLARS AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS AND TO DEPOSIT FUNDS IN EXCESS OF TWO HUNDRED THOUSAND DOLLARS IN A SEPARATE ACCOUNT UNTIL FIVE MILLION DOLLARS ACCRUES; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE DECEDENT'S PROBATE ESTATE OR THE PROTECTED PERSON'S ESTATE; TO PROVIDE FOR A RETROACTIVE REFUND OF THE DIFFERENCE BETWEEN THE CURRENT ESTATE AND CONSERVATORSHIP FEES PAID AFTER AUGUST 15, 1994, AND THE REDUCED FEES PROVIDED BY THE ABOVE PROVISIONS; TO AMEND SECTION 14-23-1050, RELATING TO BONDS OF PROBATE JUDGES AND ASSOCIATE PROBATE JUDGES, SO AS TO INCREASE THE AMOUNT OF THE REQUIRED BOND; TO AMEND SECTION 62-3-203, RELATING TO PERSONS QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE, SO AS TO PROHIBIT PROBATE JUDGES FROM SERVING AS A PERSONAL REPRESENTATIVE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-5-410, RELATING TO WHO MAY BE APPOINTED CONSERVATOR OF THE ESTATE OF A PROTECTED PERSON, SO AS TO PROHIBIT A PROBATE JUDGE OR AN EMPLOYEE OF THE PROBATE COURT FROM SERVING AS A CONSERVATOR UNDER CERTAIN CONDITIONS.

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-21-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TOBACCO LICENSE TAX RETURNS, SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTION 12-36-30, RELATING TO DEFINITIONS FOR PURPOSES OF SALES AND USE TAX, SO AS TO INCLUDE A LIMITED LIABILITY COMPANY WITHIN THE DEFINITION OF "PERSON"; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS, REVISE THE EXEMPTION ALLOWED PUBLICATIONS SOLD TO SCHOOLS, INSTITUTIONS OF HIGHER LEARNING, AND PUBLIC LIBRARIES, SO AS TO EXTEND THE EXEMPTION TO BOOKS, NEWSPAPERS, AND ON-LINE INFORMATION SYSTEMS, ALLOW THE EXEMPTION FOR SALES TO SCHOOL LIBRARIES, AND PROVIDE THAT THE EXEMPTION APPLIES TO ANY EXEMPT ITEMS REGARDLESS OF FORM, AND TO DELETE A REDUNDANT REFERENCE.

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, ENTITLED "GENERAL PROVISIONS".

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF COURSES AT THE UNDERGRADUATE LEVEL BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS OR SCHOOLS, COORDINATE WITH THE STATE BOARD OF EDUCATION IN THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW MINIMUM UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO MANAGE AND CARRY OUT SPECIFIED DUTIES, SHALL HAVE NO GRIEVANCE RIGHTS, AND MAY BE DISMISSED WITHOUT CAUSE, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND INSTITUTIONAL STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA, AND SHALL ISSUE ITS REPORT BY FEBRUARY 1, 1996, WHICH SHALL SERVE AS THE DECENNIAL REPORT OF THE COMMISSION ON HIGHER EDUCATION.

S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.

S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.

S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICABILITY OF THE PROVISIONS OF CHAPTER 1 OF TITLE 53, AFTER THE HOUR OF 1:30 P.M. ON SUNDAY, SO AS TO CORRECT A REFERENCE TO TREBLE INSTEAD OF TRIPLE DAMAGES; TO AMEND SECTION 53-1-10, RELATING TO THE PROHIBITION TO OPERATE FOR PROFESSIONAL PURPOSES ATHLETIC AND OTHER EVENTS UNLESS A PERMIT OBTAINED FROM THE MUNICIPAL OR COUNTY COUNCIL, SO AS TO PROVIDE THAT WHEN A PERMIT IS GRANTED THE MUNICIPAL OR COUNTY GOVERNING BODY MAY, BY RESOLUTION, SUSPEND THE 1:30 P.M. OPENING HOUR AND ALLOW BUSINESSES TO OPERATE AFTER THE HOUR OF 10:00 A.M. ON SUNDAY; TO AMEND SECTION 53-1-150, RELATING TO THE NONAPPLICABILITY OF CHAPTER 1 OF TITLE 53, TO A COUNTY AREA WHICH COLLECTS MORE THAN NINE HUNDRED THOUSAND DOLLARS IN REVENUES FROM THE ACCOMMODATIONS, SO AS TO PROVIDE THAT AFTER A COUNTY AREA HAS COLLECTED MORE THAN NINE HUNDRED THOUSAND DOLLARS IN ONE FISCAL YEAR IN REVENUES FROM THE ACCOMMODATIONS TAX THE EXCLUSION FROM THE PROVISIONS OF CHAPTER 1 OF TITLE 53, WILL CONTINUE FROM YEAR TO YEAR IRRESPECTIVE OF WHETHER THE REVENUE FALLS BELOW NINE HUNDRED THOUSAND DOLLARS IN SUBSEQUENT YEARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 53-1-160 SO AS TO PROVIDE THAT, IN ADDITION TO OTHER EXCEPTIONS PROVIDED BY STATUTE, THE GOVERNING BODY OF A COUNTY MAY BY ORDINANCE SUSPEND THE APPLICATION OF THE SUNDAY WORK PROHIBITION UNDER CERTAIN CONDITIONS, INCLUDING A REFERENDUM IN WHICH A MAJORITY OF THE QUALIFIED ELECTORS OF THAT COUNTY FAVOR THE CONTINUED PROHIBITION ON SUNDAY WORK.

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

S. 382 -- Senators Courson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 25, 1995.

S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY, AND PROVIDE FOR RELATED MATTERS.

S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE- UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 391 -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

S. 393 -- Senators Short, Jackson and Gregory: A CONCURRENT RESOLUTION EXTENDING THE DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS" TO MAKE ITS REPORT TO THE GENERAL ASSEMBLY.

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.

S. 400 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE CRAWFORD CLARKSON, JR., OF COLUMBIA IN RICHLAND COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER AND CHAIRMAN OF THE SOUTH CAROLINA TAX COMMISSION.

S. 401 -- Senator Drummond: A CONCURRENT RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO THE STATE'S VOLUNTEER CAROLINA HEALTHSTYLE COORDINATORS, COMMENDING THEIR EFFORTS IN PROMOTING GOOD HEALTH, EARLY DETECTION OF DISEASE, AND DISEASE PREVENTION, AND ENDORSING CAROLINA HEALTHSTYLE, SOUTH CAROLINA'S STATE EMPLOYEE HEALTH PROMOTION PROGRAM.

S. 402 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HONORABLE JAMES M. WADDELL, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA TAX COMMISSION.

S. 403 -- Senator Leatherman: A CONCURRENT RESOLUTION PROCLAIMING THE WEEK OF MARCH 19-25, 1995, AS MUSIC THERAPY WEEK IN SOUTH CAROLINA.

S. 405 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.

S. 406 -- Senators Land and Leventis: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE E.B. (MAC) MCLEOD OF SUMTER COUNTY FOR HIS EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS IN ALL OF HIS ENDEAVORS.

S. 414 -- Senator Peeler: A JOINT RESOLUTION REQUIRING THE DEPARTMENT OF REVENUE AND TAXATION TO REGISTER, COLLECT THE BIENNIAL REGISTRATION FEE, AND NOT TO ISSUE IDENTIFICATION MARKERS OR REGISTRATION CARDS TO MOTOR CARRIERS AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER FROM APRIL 1, 1995, THROUGH SEPTEMBER 3, 1996.

S. 416 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11- 120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE 9.

S. 429 -- Senators Lander, Hayes, Wilson and Leventis: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND TO ADD SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG AND DEMAND REDUCTION ACTIVITIES.

Last Updated: Monday, June 29, 2009 at 1:55 P.M.