| Printed Page 1900, Apr. 24 | Printed Page 1920, Apr. 25 |

The following was received and referred to the appropriate committee for consideration:

Document No. 2049
Promulgated by Department of Natural Resources
Seasons, Limits, and Hunting Methods on WMAs
Received by Lt. Governor April 18, 1996
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date August 16, 1996
(Subject to Sine Die Revision)

Senator GIESE introduced Dr. Vincent Degenhart of Columbia, S.C., Doctor of the Day.

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 PRESIDENT appointed Senator WILSON as a replacement conferee to former Senator STILWELL on the Committee of Conference to S. 90.

A message was sent to the House accordingly.

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING

Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

On motion of Senator SETZLER, with unanimous consent, the Bill was ordered placed on the Calendar.

H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.

There was no objection.

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

Senator HAYES proposed the following amendment (JUD4830.001), which was adopted:

Amend the bill, as and if amended, page 82, beginning on line 13, as contained in SECTION 2, by striking Section 33-44-1202 in its entirety and inserting therein the following:

/Section 33-44-1202. This chapter may be cited as the South Carolina Uniform Limited Liability Company Act of 1996./.

Amend the bill further, as and if amended, page 83, beginning on line 39, as contained in SECTION 2, by striking Section 33-44-1206 in its entirety and inserting therein the following:

/Section 33-44-1206. (a) Before January 1, 2001, this chapter governs only a limited liability company organized:

(1) after the effective date of this chapter, unless the company is continuing the business of a dissolved limited liability company under Section 33-43-901.3; and

(2) before the effective date of this chapter, which elects, as provided by subsection (c), to be governed by this chapter.

(b) On and after January 1, 2001, this chapter governs all limited liability companies.

(c) Before January 1, 2001, a limited liability company voluntarily may elect, in the manner provided in its operating agreement or by law for amending the operating agreement, to be governed by this chapter.

(d) Before January 1, 2001, this chapter governs only a foreign limited liability company which applies for a certificate of authority (or amended certificate) to transact business in this State after the effective date of this chapter, or which first transacts business in this State after the effective date of this chapter.

(e) Notwithstanding any other provision of this chapter, after January 1, 2001, the Secretary of State may commence a proceeding to dissolve a limited liability company under Section 33-44-809, if the company was formed prior to the effective date of this act and its articles of organization are not in conformity with Section 33-44-203.

(f) Notwithstanding any other provision of this chapter, after January 1, 2001, the Secretary of State may revoke a foreign limited liability

Amend title to conform.

Senator HAYES 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.

H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Resolution was committed to the Committee on Transportation.

The following were introduced:

S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO

Senator COURTNEY spoke on the Bill.

Read the first time and ordered placed on the Calendar without reference.

On motion of Senator COURTNEY, S. 1395 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1396 -- Senator Richter: A BILL TO AMEND CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF HUNTING AND FISHING PRIVILEGES, BY ADDING SECTION 50-9-1120, SO AS TO PROHIBIT HUNTING UNDER THE INFLUENCE AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-9-1020, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF THE WILDLIFE CODE, SO AS TO ESTABLISH POINTS FOR HUNTING UNDER THE INFLUENCE AND OTHER RELATED OFFENSES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1397 -- Senator Richter: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285, SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO AND ONE-HALF ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF

Read the first time and referred to the Committee on Judiciary.

S. 1398 -- Senator Richter: A BILL TO AMEND SECTION 12-6-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS REGARDING INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE THAT A TAXPAYER MAY CLAIM AN EXEMPTION FOR THE EXEMPTION AMOUNT FOR EACH FOSTER CHILD WHO RESIDES WITH THE TAXPAYER FOR OVER HALF OF THE YEAR WHO DID NOT OTHERWISE QUALIFY AS A DEPENDENT.

Read the first time and referred to the Committee on Finance.

S. 1399 -- Senators Ford, Passailaigue and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MIRANDA HOLMES FOR HER SELFLESS DEDICATION TO FAMILY, COMMUNITY, AND CHURCH AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.

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

H. 4414 -- Reps. Stuart, T. Brown, Cotty, Harvin, Herdklotz, Huff, Kinon and Vaughn: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, AND TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1997.

Whereas, the resources for public education in South Carolina in grades kindergarten through twelve are scarce and a large part of the local funding for public education is derived from ad valorem property taxes which have reached levels which impose a significant burden on many taxpayers; and

Whereas, it is, therefore, incumbent upon the State of South Carolina and its local school districts to use these resources in the most efficient manner possible; and

Whereas, the members of the General Assembly, by this resolution, believe that a study of these innovative approaches would be of significant benefit to South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the State Department of Education is directed to study school scheduling and timetables, including the length of the school day and the school year, using appropriate local, state, and national studies and experiences in other jurisdictions.

The department shall report its findings to the General Assembly no later than January 1, 1997.

Referred to the Committee on Education.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.

Ordered for consideration tomorrow.

S. 1388 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY MARGARET BOAN OF GREENVILLE FOR BEING ELECTED PRESIDENT OF THE STUDENT BODY OF GREENVILLE HIGH SCHOOL.

Returned with concurrence.

Received as information.

S. 1389 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE BEATRICE JOHNSON SWETT ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-NINE YEARS AS A DEDICATED TEACHER, ADMINISTRATOR, AND INSTRUCTIONAL CONSULTANT.

Returned with concurrence.

Received as information.

S. 1391 -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 1996, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE AUGUST 31, 1996.

Returned with concurrence.

Received as information.

S. 1392 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND THE JAMES R. CLARK MEMORIAL SICKLE CELL FOUNDATION FOR ITS OUTSTANDING EFFORTS IN PROVIDING QUALITY SERVICES TO THOUSANDS OF CLIENTS THROUGHOUT SOUTH CAROLINA THAT ARE AFFECTED WITH EITHER THE SICKLE CELL DISEASE OR TRAIT AND TO DECLARE SATURDAY, APRIL 27, 1996, AS "SICKLE CELL AWARENESS DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

The House returned the Bill with amendments.

On motion of Senator SETZLER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4958 -- Reps. Spearman and Clyburn: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.

(By prior motion of Senator LANDER)

H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.

(By prior motion of Senator PEELER, with unanimous consent)

H. 4899 -- Reps. Walker, Allison, Lanford, Wells, Littlejohn and Lee: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP

(By prior motion of Senator COURTNEY, with unanimous consent)

The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:

H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.

(By prior motion of Senator McCONNELL, with unanimous consent)

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

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