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Printed Page 3360, May 7
| Printed Page 3380, May 8
| SECTION 2. Section 12-51-60 of the 1976 Code is amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. The defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."
SECTION 3. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by `certified mail, return receipt requested-deliver to addressee only' to the owner of record immediately preceding the end
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail `undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
SECTION 4. This act takes effect upon approval by the Governor and applies with respect to delinquent tax sales occurring on and after that date./
Amend title to conform.
/s/Larry A. Martin .......... /s/Woodrow M. McKay
/s/Larry E. Richter .......... /s/Juanita M. White
/s/Thomas C. Alexander .......... /s/Robert W. Harrell, Jr.
On Part of the Senate. .......... On Part of the House.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.
Ordered for consideration tomorrow.
The following was introduced:
H. 5003 -- Reps. J. Young, Canty, McElveen, Neal, Baxley, G. Brown, Harvin and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5004 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.
Whereas, 1996 is the 175th year of the creation of a public institution to provide care and treatment for citizens who suffer from mental illness; and
Whereas, an enactment of the General Assembly on December 20, 1821, made South Carolina the second state in the nation to recognize the need for and provide funds for such an institution; and
Whereas, this enactment was the foundation for the evolution of the Department of Mental Health which has been a leader in taking action to initiate and develop relationships and agreements with local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase and enhance the accessibility and delivery of emergency and all types of mental health services; and
Whereas, it is fitting and proper for the General Assembly to recognize this historical occasion, because May is recognized nationally as Mental Health Month. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, do hereby recognize and commend the benevolence, compassion, and forward thinking displayed by their predecessors in the 1821 General Assembly for establishing the Department of Mental Health and as a result of this positive deed hereby establish May 8, 1996, as the day to recognize the 175th anniversary of the birth of the South Carolina Department of Mental Health for providing
Be it further resolved that a copy of this resolution be forwarded to Mrs. Elizabeth Forrester, Chair, South Carolina Mental Health Commission, Box 162, Georgetown, South Carolina, 29442.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1167 -- Senator Fair: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.
Referred to Committee on Judiciary.
The Senate sent to the House the following:
S. 1390 -- Senator Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.
Whereas, 1996 is the 175th year of the creation of a public institution to provide care and treatment for citizens who suffer from mental illness; and
Whereas, an enactment of the General Assembly on December 20, 1821, made South Carolina the second state in the nation to recognize the need for and provide funds for such an institution; and
Whereas, this enactment was the foundation for the evolution of the Department of Mental Health which has been a leader in taking action to initiate and develop relationships and agreements with local, federal, and private agencies, hospitals, and clinics as it considers necessary to increase
Whereas, it is fitting and proper for the General Assembly to recognize this historical occasion, because May is recognized nationally as Mental Health Month. Now, therefore,
Be it resolved by the Senate, the House of Representatives, concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, do hereby recognize and commend the benevolence, compassion, and forward thinking displayed by their predecessors in the 1821 General Assembly for establishing the Department of Mental Health and as a result of this positive deed hereby establish May 8, 1996, as the day to recognize the 175th anniversary of the birth of the South Carolina Department of Mental Health for providing care and treatment for the citizens of South Carolina who suffer from mental illness.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Elizabeth Forrester, Chair, South Carolina Mental Health Commission, Box 162, Georgetown, South Carolina, 29442.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Breeland Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Dantzler Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Klauber Koon Law Lee Limehouse Littlejohn Lloyd Loftis Marchbanks
Mason McAbee McCraw McKay McMahand McTeer Meacham Phillips Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Thomas Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Worley Wright Young-BrickellSTATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Wednesday, May 8. William D. Boan Alma W. Byrd Bessie Moody-Lawrence George H. Bailey Joseph H. Neal L. Hunter Limbaugh Doug Smith F.G. Delleney, Jr. Eugene C. Stoddard J. Michael Baxley Denny W. Neilson John W. Tucker, Jr. Juanita M. White Daniel L. Tripp Timothy F. Rogers Ronald P. Townsend Mark S. Kelley Grady A. Brown Thomas N. Rhoad Steve P. Lanford James L.M. Cromer, Jr. Sandra S. Wofford J.M. Knotts, Jr. W. Jeffrey Young William F. Cotty Richard M. Quinn, Jr. C. Alex Harvin III Ralph W. Canty G. Ralph Davenport, Jr. June S. Shissias
The Criminal Laws Sub-Committee met at 8:30 A.M. (Reference Omnibus Highway Safety). I was late for roll call due to volunteering to demonstrate the data master by being tested by SLED, verifying the validity of the machine. Signed in at 10:29 A.M.
Rep. J.M. KNOTTS, JR.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Announcement was made that Dr. Francis Rushton of Beaufort is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
Rep. T. BROWN proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3714DW.96), which was adopted.
Amend the bill, as and if amended, page 1, SECTION 1, (A), by striking beginning on line 21 /the appointment of members of the Georgetown Water and Sewer District as provided for in Act 733 of 1957, and the appointment of members of the Georgetown County Board of Elections and Registration as provided in Act 591 of 1995,/.
Amend further, SECTION 1, (B), page 2, by adding after line 27:
/(13) Board of Elections
& Registration. . . . .Act 591 of 1995/
Renumber items to conform.
Amend title to conform.
Rep. T. BROWN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.
S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING
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