| Printed Page 2890, May 18 | Printed Page 2910, May 18 |

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

Senator GIESE explained the Bill.

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240,

Senator RYBERG explained the Bill.

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.

Senator LEATHERMAN explained the Bill.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

The Transportation Committee proposed the following amendment (3609R001.JCL), which was adopted:

Amend the bill, as and if amended, by deleting lines 37 through 42 and inserting the following:

/Notwithstanding the provisions of this section, the owner of a vehicle whose total cost of repair, including all labor and parts, is estimated to be seventy-five percent or more of the fair market value of the vehicle must provide the department an affidavit from a person who reconstructs or rebuilds a vehicle indicating the cost of repair along with other data the department may prescribe to obtain a certificate of title. A certificate/

Amend the bill further, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting in lieu thereof the following:

/SECTION 2. This act takes effect January 1, 1996./

Amend title to conform.

Senator ALEXANDER explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE

S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.

Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0240.001), which was adopted:

Amend the bill, as and if amended, page 1, line 27, in Section 22-9-10, as contained in SECTION 1, by striking line 27 in its entirety and inserting therein the following:

/township or municipality for which they are elected employed or appointed./.

Amend the bill further, as and if amended, page 2, beginning on line 3, in Section 22-9-20, as contained in SECTION 2, by striking lines 3 through 6 in their entirety and inserting therein the following:

/"Section 22-9-20. When any a person shall be is elected employed or appointed to the office of constable, he shall repair to the clerk's office of the county and, together with the evidence of his election employment or appointment, he shall lodge his bond in the /.

/SECTION . Section 22-9-50 of the 1976 Code is amended to read:

"Section 22-9-50. When not otherwise specially provided by law, every qualified constable shall be entitled to exercise his office throughout the county in which he may be elected employed or appointed."/.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator PASSAILAIGUE, S. 240 was ordered to receive a third reading on Friday, May 19, 1995.

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Senator RICHTER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators RICHTER, MARTIN and LEVENTIS proposed the following Amendment No. 1 (3652R007.LER):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

(B) No person who does not meet the qualifications of an elector, other than the residency requirements of an elector, shall:

(1) be admitted to the practice of law in this State;

(2) practice or solicit the cause of any other person in any court of this State;

(3) associate with, or receive the benefit of an association with, another person for the purpose of practicing or solicting on behalf of a third person in any court of this State; or

(4) otherwise engage in the practice of law on behalf of any other person.

(C) If a person to whom subsection (B) applies does not meet the qualifications of an elector because they were convicted of a felony, after the person has completed their sentence, including probation and parole, the period of time for which subsection (B) applies shall be extended for a period of time equal in length to that of the felony for which the person was sentenced. However, the period of time after completion of a felony sentence that subsection (B) applies shall not exceed five years.

(D) Items (1), (2), (3) and (4) of subsection (B) are severable and if any one of these items is declared unconstitutional, the remaining items shall continue to have the force and effect of law./

Amend title to conform.

Senator RICHTER argued in favor of the adoption of the amendment.

Senator BRYAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators RICHTER, MARTIN, BRYAN and HOLLAND spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

There was an objection to the Bill.

H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

On motion of Senator MOORE, the Bill was carried over.

S. 757 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS ON AN ELEVATOR ON WHICH HE OR HIS EMPLOYER HAS A CURRENT SERVICE OR WARRANTY CONTRACT.

On motion of Senator LEVENTIS, the Bill was carried over.

H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator LANDER proposed the following amendment (S-EDUC\3685.001), which was adopted:

Amend the bill, as and if amended, on page 1, line 28, after /stipulated by/ by inserting:

/guidelines or/.

Amend title to conform.

On motion of Senator BRYAN, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator HOLLAND spoke on the Bill.

Senators HOLLAND, McCONNELL, MOORE, COURTNEY and JACKSON proposed the following Amendment No. 2 (JUD3096.019), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. The 1976 Code is amended by adding:

"Section 24-13-100. As used in this article, a `community supervision offense' means:

16-1-40 Accessory, for any offense enumerated in this section

16-1-80 Attempt, for any offense enumerated in this section

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-50 Voluntary manslaughter

16-3-85(A)(1)Homicide by child abuse

16-3-85(A)(2)Aiding and abetting homicide by child abuse

16-3-210 Lynching, First degree

16-3-430 Killing in a duel

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct, First degree

16-3-653 Criminal sexual conduct, Second degree

16-3-655 Criminal sexual conduct with minors

16-3-656 Assault with intent to commit criminal sexual

conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping

16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree

16-11-330(A) Armed robbery

16-11-330(B) Attempted armed robbery

16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results

25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy

(b)(1) (narcotic drugs in Schedules I(b) and (c), LSD, and Schedule II)

Second, third or subsequent offense

44-53-370 Prohibited Acts A, penalties

(b)(2) (manufacture or possession of other substances in Schedule I, II, III, with intent to distribute)

Second, third or subsequent offense

44-53-370 Prohibited Acts A, penalties

(b)(3) (manufacture or possession of Schedule IV drugs with intent to distribute)

Second or subsequent offense

44-53-370 Prohibited Acts A, penalties

(b)(4) (manufacture or possession of Schedule V drugs with intent to distribute)

Second or subsequent offense

44-53-370 Prohibited Acts A, penalties

(e)(1)(a)2 (trafficking - marijuana, 10 - 99.99 pounds)

Second offense

44-53-370 Prohibited Acts A, penalties

(e)(1)(a)3 (trafficking - marijuana, 10 - 99.99 pounds)

Third or subsequent offense

44-53-370 Prohibited Acts A, penalties

(e)(1)(b) (trafficking - marijuana, 100 - 1,999.99 pounds)

44-53-370 Prohibited Acts A, penalties

(e)(1)(c) trafficking - marijuana, 2000 - 9,999.99 pounds)

44-53-370 Prohibited Acts A, penalties

(e)(1)(d) (trafficking - marijuana, 10,000 pounds of marijuana or more)

44-53-370 Prohibited Acts A, penalties

(e)(2)(a)2 (trafficking - cocaine, 10 - 27.99 grams)

Second offense

44-53-370 Prohibited Acts A, penalties

(e)(2)(a)3 (trafficking - cocaine, 10 - 27.99 grams)

Third or subsequent offense

44-53-370 Prohibited Acts A, penalties

(e)(2)(b)1 (trafficking - cocaine, 28 - 99.99 grams)

First offense

| Printed Page 2890, May 18 | Printed Page 2910, May 18 |

This web page was last updated on Monday, June 29, 2009 at 2:11 P.M.