Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of Jesus in the Sermon on the Mount, after the beatitudes recorded by St. Matthew, Chapter 5 (v.17):
"Do not think that I have come to
abolish the law or the prophets; I have
come not to abolish but to fulfill."
Let us pray.
Almighty God, we thank You that on Mount Sinai Moses was given the moral law we call the Ten Commandments for the well-being of an ethical and ordered society.
And we thank You that Jesus taught us to love Your law, and that to law must be added the spirit of love, and the sense of obedience to duty which enables the law to fulfill its duty for an ordered, and peaceful, and structured society.
Help us who make the laws to manifest the Spirit that fulfills the law in the brotherhood of mankind... and keep us a family of God.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., April 2, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3339, R. 15, by a vote of 8 to 0:
(R15) H. 3339 -- Reps. Bauer and Riser: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
Very respectfully,
Speaker of the House
(R15) H. 3339 -- Reps. Bauer and Riser: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
The veto of the Governor was taken up for immediate consideration.
March 31, 1997
Mr. President and Members of the Senate:
I am hereby returning without my approval H. 3339, R. 15, an Act:
TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
This veto is based upon my belief that H. 3339, R. 15 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 3339, R. 15 of 1997.
Sincerely,
David M. Beasley
Senator LANDER moved that the veto of the Governor be referred to the Lexington County Delegation.
The veto of the Governor was referred to the Lexington County Delegation.
Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
Senator ROSE rose to a Point of Personal Interest.
Senator RAVENEL rose to a Point of Personal Interest.
Columbia, S.C., April 1, 1997
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3666 -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 599 -- Senator McConnell: A BILL TO AMEND CHAPTER 57, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE PRACTICES, BY ADDING SECTION 38-57-135 SO AS TO PROHIBIT INSURERS FROM ENGAGING IN CERTAIN PRACTICES INVOLVING INSURANCE PREMIUM FINANCE COMPANIES.
Read the first time and referred to the Committee on Banking and Insurance.
S. 600 -- Senators Lander, Courson, Wilson and Giese: A BILL TO AMEND SECTION 9-1-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED EIGHTY THE NUMBER OF DAYS OF A MEMBER'S UNUSED SICK LEAVE THAT ARE ADDED TO THE CREDITED SERVICE OF A MEMBER OTHERWISE ELIGIBLE TO RETIRE.
Read the first time and referred to the Committee on Finance.
S. 601 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 12-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROPERTY TAXATION OF MOBILE HOMES AND OTHER IMPROVEMENTS TO LEASED REAL PROPERTY, SO AS TO REQUIRE ASSESSORS TO DISTINGUISH IN THE VALUATION OF MOBILE AND MANUFACTURED HOMES BETWEEN THOSE UNITS WHICH REMAIN TRANSPORTABLE AND UNITS AFFIXED TO A PERMANENT FOUNDATION, AND TO AUTHORIZE ASSESSORS TO USE A "SHELTER VALUE" METHOD IN VALUING UNITS OF MANUFACTURED HOUSING WHICH REMAIN TRANSPORTABLE, AND TO REQUIRE THE DEPARTMENT OF REVENUE TO PRESCRIBE THE FORMULA TO DETERMINE SHELTER VALUE.
Read the first time and referred to the Committee on Finance.
S. 602 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO REQUIRE A WILDLIFE CONSERVATION OFFICER WHO BECOMES AWARE THAT A FIELD HAS BEEN BAITED FOR DOVES TO CAUSE THE OWNER OR PERSON IN POSSESSION THEREOF TO REMOVE THE BAIT, TO PROVIDE THAT THE OWNER OR PERSON IN POSSESSION SHALL PLACE SIGNS IDENTIFYING THE FIELD AS A BAITED FIELD, TO PROVIDE THAT IF THESE PERSONS CANNOT BE LOCATED BY THE OFFICER, THE OFFICER SHALL PLACE SUCH SIGNS, TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS, AND TO PROVIDE THAT NO CHARGE MAY BE BROUGHT AGAINST ANY PERSON FOR HUNTING DOVES OVER BAIT UNLESS THE PROVISIONS OF THIS SECTION HAVE BEEN FOLLOWED.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 603 -- Senator McConnell: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, BY ADDING CHAPTER 22, SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 604 -- Senators Rose, Drummond, Courson and Giese: A BILL TO AMEND SECTION 1-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF THE SECRETARY OF STATE, SO AS TO PROVIDE THAT A PERSON ELECTED SECRETARY OF STATE IN THE 1998 GENERAL ELECTION OR THEREAFTER SHALL RECEIVE NO COMPENSATION AND EXERCISE NO FUNCTIONS OR DUTIES, AND THAT THE FUNCTIONS AND DUTIES OF THE SECRETARY OF STATE MUST BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE.
Read the first time and referred to the Committee on Judiciary.
S. 605 -- Senator Cork: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNEXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.
Read the first time and referred to the Committee on Judiciary.
S. 606 -- Senator McConnell: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO MAKE RECORDS AVAILABLE UNDER THE FREEDOM OF INFORMATION ACT WITHIN FIFTEEN DAYS OF RECEIPT OF REQUEST AND TO PROVIDE THAT CERTAIN RECORDS ARE TO BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING ON A CONTINUOUS BASIS.
Read the first time and referred to the Committee on Judiciary.
S. 607 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-145 SO AS TO PROVIDE THAT WHEN AN APPLICATION FOR A BEER AND WINE PERMIT, RETAIL LIQUOR LICENSE, OR MINIBOTTLE LICENSE FILED WITH THE DEPARTMENT OF REVENUE IS DENIED, NO APPLICATION FOR A SIMILAR PERMIT OR LICENSE FOR THE SPECIFIC LOCATION THAT WAS THE SUBJECT OF THE DENIED APPLICATION MAY BE FILED WITH THE DEPARTMENT WITHIN ONE YEAR OF THE DATE THE APPLICATION WAS DENIED.
Read the first time and referred to the Committee on Judiciary.
S. 608 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-490 SO AS TO PROVIDE THAT CERTAIN DAMAGED MOTOR VEHICLES MUST HAVE "SALVAGED VEHICLE" RECORDED ON THEIR CERTIFICATES OF TITLE.
Read the first time and referred to the Committee on Transportation.
S. 609 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 610 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM 6-8 (AMENDED TITLE), DESIGNATED AS REGULATION DOCUMENT NUMBER 2126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 611 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM K-5, DESIGNATED AS REGULATION DOCUMENT NUMBER 2123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 612 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT ATTENDANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 613 -- Senators Holland and Gregory: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED IN LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA AND A CENTRALIZED MAGISTRATE'S COURT AND TO ADD A MAGISTRATE TO SERVE AS THE MAGISTRATE OF THE CENTRALIZED MAGISTRATE'S COURT.
Read the first time and placed on the Calender without reference.
On motion of Senator HOLLAND, with unanimous consent, S. 613 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 614 -- Senators Wilson and Courson: A SENATE RESOLUTION CONGRATULATING THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF IRMO ELEMENTARY SCHOOL IN LEXINGTON/RICHLAND SCHOOL DISTRICT 5 ON BEING HONORED WITH THE CAROLINA FIRST PALMETTO'S FINEST AWARD.
The Senate Resolution was adopted.
S. 615 -- Senators Wilson, Ryberg and Setzler: A SENATE RESOLUTION CONGRATULATING THE STUDENTS, FACULTY, STAFF, AND ADMINISTRATION OF LEXINGTON HIGH SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 1 ON BEING HONORED WITH THE CAROLINA FIRST PALMETTO'S FINEST AWARD.
The Senate Resolution was adopted.
H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.
Read the first time and referred to the Committee on Transportation.
H. 3704 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3706 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MOTOR VEHICLE MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Finance.
H. 3741 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE HARRY M. LOWDER OF TURBEVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3742 -- Reps. Battle and M. Hines: A CONCURRENT RESOLUTION CONGRATULATING MULLINS HIGH SCHOOL ON WINNING THE CLASS AA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3743 -- Reps. Whatley, Whipper, Altman, Breeland, Campsen, Chellis, Dantzler, Harrell, Inabinett, Limehouse, Mack and Seithel: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE NORTH CHARLESTON "COUGARS" BOYS BASKETBALL TEAM AND THEIR COACHES ON AN EXCEPTIONAL SEASON AND ON WINNING THE 1996-97 CLASS 6-AAAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3745 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1997.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3749 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. EDWARD GREENE OF HORRY COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3750 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. CLEVE NOEL OF GREENVILLE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3751 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. TERRY C. TITUS OF OCONEE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3752 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. RICHARD R. PERDUE OF GREENVILLE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3753 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. WOODIE P. WILLIAMS, JR., OF OCONEE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3754 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING MR. J. GIVENS YOUNG OF FLORENCE COUNTY ON BEING SELECTED TO RECEIVE THE FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3755 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE NEWS OF KINGSTREE ON THE AWARDS IT WON AT THE SOUTH CAROLINA PRESS ASSOCIATION'S 1997 WINTER MEETING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3776 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE RAVENEL ELEMENTARY SCHOOL OF SENECA, SOUTH CAROLINA, ITS PRINCIPAL, CATHY WATSON, AND ITS FACULTY, STAFF, PARENTS, AND STUDENTS FOR THEIR SCHOOL'S SELECTION AS A CAROLINA FIRST PALMETTO'S FINEST SCHOOL FOR 1996-97, AND TO RECOGNIZE THEM FOR THEIR OUTSTANDING EDUCATIONAL ACHIEVEMENTS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3777 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. BEN FLOYD OF CLARENDON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT THREE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3778 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING REVEREND JULIAN BOYD GAMBLE AND HIS LOVELY WIFE, MRS. HARRIET HARDEN GAMBLE, OF CLARENDON COUNTY FOR THEIR MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO EDUCATION, COMMUNITY, AND CHURCH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3797 -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MARGARET S. WEST OF SUMTER COUNTY ON THE OCCASION OF HER DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3798 -- Reps. Young, Woodrum, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION EXPRESSING THE SINCEREST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SAMUEL ARDEN BENSON OF SUMTER COUNTY ON HIS DEATH AND EXTENDING THEIR DEEPEST APPRECIATION FOR HIS YEARS OF SERVICE TO HIS COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND from the Committee on Transportation has polled out S. 510 with a favorable report:
S. 510 -- Senator Leatherman: A BILL TO AMEND SECTION 56-3-1290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF LICENSE PLATES FROM ONE MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE OF THE SAME VEHICLE OWNER OR LESSEE, SO AS TO ALLOW THE TRANSFER OF THE PLATE ONLY WHEN THE OWNER OR LESSEE HAS ASSIGNED TO ANOTHER THE TITLE TO OR LEASE ON THE VEHICLE FROM WHICH THE PLATE IS TRANSFERRED.
Land Leatherman Peeler Patterson Wilson McGill O'Dell Rankin Ryberg Short Waldrep Alexander Hutto Ravenel
Leventis Rose Elliott Fair
Ordered for consideration tomorrow.
S. 595 -- Senator McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 9, 1997, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 6, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 9, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 10, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997.
The House returned the Resolution with amendments.
On motion of Senator McCONNELL, the Senate concurred 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 Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 340 -- Senator Leatherman: A BILL TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
S. 343 -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
(By prior motion of Senator LEATHERMAN, with unanimous consent)
S. 480 -- Senator Courtney: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
S. 586 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO MEDICAL REPORTS, PHYSICIAN'S FEES AND HOSPITAL CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2166, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(By prior motion of Senator COURTNEY, with unanimous consent)
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 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 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 THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator HUTTO proposed the following Amendment No. 1 (JUD0174.005), which was adopted:
Amend the committee report, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . Section 56-1-10 of the 1976 Code, as last amended by Act 459 of 1996, is amended by adding:
"( ) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids."
SECTION . Section 56-1-2030 of the 1976 Code, as last amended by Act 149 of 1993, is further amended to read:
"Section 56-1-2030. As used in this article:
(1) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3) 'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4)(3) 'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5)(4) 'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(6)(5) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a) the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) the vehicle is designed to transport sixteen or more persons, including the driver; or
(c) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7)(6) 'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(7) 'Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9)(8) 'Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10)(9) 'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11)(10) 'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12)(11) 'Driver' means a person who drives a commercial motor vehicle, or who is required to hold a commercial driver's license.
(13)(12) 'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14)(13) 'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15)(14) 'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16)(15) 'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(17)(16) 'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18)(17) 'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19)(18) 'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20)(19) 'Motor vehicle' means every a vehicle which is self-propelled and every a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21)(20) 'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22)(21) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23)(22) 'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24)(23) 'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25)(24) 'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26)(25) 'Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27)(26) 'United States' means the fifty states and the District of Columbia.
(28)(27) 'Farm related vehicle' means a vehicle used:
(a) in custom harvester operations,;
(b) in livestock feeding operations,; or
(c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(29)(28) 'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."/
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 2 (JUD0174.006), which was adopted:
Amend the committee report, as and if amended, beginning on page [174-3], beginning on line 37, in Section 56-1-286(H), as contained in SECTION 1, by striking subsection (H) in its entirety and inserting therein the following:
/(H) If the test registers an alcohol concentration of two one-hundredths of one percent or more, or if the person refuses to be tested, the department must serve an order of restriction on the person. The order of restriction limits the person's privilege to drive so that the person may drive only to and from work or his place of education and in the course of his employment or education. The person may apply for a restricted driver's license from the department under subsection (N). The department must serve an order of suspension on the person if the person does not apply for a restricted driver's license from the department or is refused a restricted driver's license by the department under subsection (N) within thirty days after the order of restriction is served.
The order of restriction shall remain in effect until the order of restriction is rescinded or an order of suspension is served on the person. The period of suspension provided in subsection (F) begins on the day the order of suspension is served on the person. The order of restriction shall advise the person of his right to obtain a restricted driver's license, an administrative review, and an administrative hearing regarding the suspension of his privilege to drive under this section./
Amend the committee report further, as and if amended, page [174-5], beginning on line 31, in Section 56-1-286, as contained in SECTION 1, by striking lines 31 through 38 in their entirety and inserting therein the following:
/(N) (1) If an individual is employed or enrolled in a school, college, or university at any time while his privilege to drive is restricted by an order of restriction under this section, he may apply for a restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of restriction. The department may issue the restricted driver's license only upon showing by the individual that he is employed or enrolled in a school, college, or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or place of education.
(2) If the department issues a restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) A person shall not drive a motor vehicle on a public highway of this State outside the time limits and route imposed under this section by an order of restriction or restricted license. A person convicted of driving outside of restriction must be fined two hundred dollars.
(O) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(P) The department shall administer the provisions of this section, not including subsection (D), and may promulgate regulations necessary to carry out its provisions.
(Q) A person's privilege to drive shall not be restricted or suspended under this section if his alcohol concentration is determined by a Breathalyzer machine."/
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 3 (JUD0174.007):
Amend the committee report, as and if amended, page [174-2], beginning on line 4, in Section 56-1-286(C), as contained in SECTION 1, by striking lines 4 through 11 in their entirety.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator MOORE spoke on the amendment.
Senator HUTTO moved that the amendment be adopted.
Senator MOORE moved to lay the amendment on the table.
A roll call vote was requested.
Senator SALEEBY objected to further consideration of the Bill.
The following Bill was carried over:
S. 315 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
On motion of Senator THOMAS, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 468 -- Senators Lander and Giese: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD FOR BARRIER FREE DESIGN AND CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO INCREASE THE BOARD MEMBERS FROM SIX TO NINE AND REVISE MEMBERSHIP, TO REVISE DEFINITIONS, TO CLARIFY DUTIES OF THE BOARD, TO ADOPT THE LATEST NATIONAL TECHNICAL STANDARDS, TO ESTABLISH CRITERIA FOR ADMINISTRATION OF THE CHAPTER, AND TO CLARIFY ENFORCEMENT RESPONSIBILITIES.
Senator LANDER moved to recall the Bill from the Committee on Finance.
There was no objection.
Senator LANDER moved to commit the Bill to the Committee on Labor, Commerce and Industry.
The Bill was committed to the Committee on Labor, Commerce and Industry.
S. 488 -- Senator Moore: A SENATE RESOLUTION URGING THE PRESIDENT OF THE UNITED STATES AND CONGRESS TO SUPPORT THE PETITION OF THE REPUBLIC OF POLAND FOR ADMISSION TO THE NORTH ATLANTIC TREATY ORGANIZATION (NATO) AND REQUESTING THE PRESIDENT AND CONGRESS TO SUPPORT THE ESTABLISHMENT DURING 1997 OF A TIMETABLE FOR POLAND'S ADMISSION TO NATO.
Senator MOORE moved to recall the Resolution from the Aiken County Delegation.
There was no objection.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Resolution.
Senator MOORE asked unanimous consent to adopt the Resolution.
The Resolution was adopted, ordered sent to the House.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL spoke on the Bill.
On motion of Senator McCONNELL, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 409 -- Senators Drummond, Bryan, Ford, Hayes, Holland, Hutto, Jackson, Land, Lander, Leventis, Martin, Matthews, McGill, O'Dell, Patterson, Rankin, Reese, Short, Waldrep, Williams, Peeler, Moore and Saleeby: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENACTMENT OF GENERAL LAWS AFFECTING COUNTIES' EXPENDITURES AND REVENUE RAISING, SO AS TO DELETE PROVISIONS IN THE GENERAL AND SPECIAL APPROPRIATION BILLS AS EXEMPTIONS; TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-100 AS ARTICLE 1, ENTITLED "LOCAL OPTION SALES TAX"; TO AMEND SECTION 4-10-10, 1976 CODE, SO AS TO DEFINE "POSITIVE MAJORITY"; TO ADD SECTION 4-10-16, SO AS TO PROVIDE THAT A COUNTY MAY NOT BE SUBJECT TO MORE THAN ONE PERCENT LOCAL OPTION SALES TAX AT THE SAME TIME; TO ADD SECTION 4-10-21 TO PROVIDE FOR LOCAL OPTION SALES TAX BY ORDINANCE OF ONE PERCENT ENACTED BY A POSITIVE MAJORITY; TO AMEND SECTION 4-10-25, RELATING TO APPLICATION OF TAX TO CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THESE PROVISIONS APPLY TO SECTION 4-10-21; TO AMEND CHAPTER 10, TITLE 4, BY ADDING ARTICLE 3, ENTITLED "CAPITAL PROJECT SALES TAX ACT" SO AS TO ALLOW FOR A ONE PERCENT LOCAL SALES TAX TO FUND CAPITAL PROJECTS BY REFERENDUM; ALLOW A COUNTY TO CREATE A COMMISSION TO CONSIDER PROPOSALS FOR FUNDING CAPITAL PROJECTS WITHIN THE COUNTY AREA; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; AND TO AMEND TITLE 6, CHAPTER 1, RELATING TO LOCAL GOVERNMENTS, BY DESIGNATING SECTIONS 6-1-10 THROUGH 6-1-110 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; TO ADD SECTION 6-1-85 TO REQUIRE THE BUDGET AND CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES TO MONITOR AND REVIEW THE RELATIVE PROPERTY TAX BURDEN ON EACH CLASS OF TAXABLE PROPERTY AND DEVELOP MODELS TO ESTIMATE THE SHIFT IN PROPERTY TAX BURDENS AMONG THE CLASSES; TO ADD ARTICLE 3, ENTITLED "AUTHORITY OF LOCAL GOVERNMENTS TO ASSESS TAXES AND FEES", SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT IMPOSE A NEW TAX AFTER DECEMBER 31, 1996, UNLESS SPECIFICALLY AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE THAT A POSITIVE MAJORITY WOULD BE REQUIRED TO IMPOSE OR INCREASE A BUSINESS LICENSE TAX; TO PROVIDE THAT MILLAGE RATES MAY ONLY BE INCREASED ABOVE THE CONSUMER PRICE INDEX BY A POSITIVE MAJORITY VOTE AND TO LIST EXCEPTIONS; TO PROVIDE THAT FEES MUST BE ENACTED BY A POSITIVE MAJORITY AND THAT REVENUE FROM FEES MUST BE KEPT SEPARATE FROM THE GENERAL FUND UNLESS IT IS LESS THAN FIVE PERCENT OF THE TOTAL BUDGET; TO PROVIDE FOR UTILITY FEES; TO ADD ARTICLE 5, ENTITLED "LOCAL ACCOMMODATIONS TAX", TO ALLOW FOR A FOUR PERCENT LOCAL ACCOMMODATIONS TAX, AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; TO ADD ARTICLE 7, ENTITLED "LOCAL HOSPITALITY TAX" SO AS TO ALLOW FOR A TWO PERCENT HOSPITALITY TAX AND TO SPECIFY HOW THE REVENUE MUST BE HELD AND USED; AND TO AMEND CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR DISSOLUTION OF SPECIAL PURPOSE DISTRICTS BY PETITION AND REFERENDUM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator LEVENTIS spoke on the Bill.
Senator DRUMMOND spoke on the Bill.
The Finance Committee proposed the following amendment (409R007.FIN).
Senator LEVENTIS spoke on the amendment.
Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned, with Senator LEVENTIS retaining the floor.
There was no objection.
Debate was interrupted by adjournment with Senator LEVENTIS retaining the floor.
On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Constance "Connie" West Holt of Camden, S.C.
At 12:00 Noon, on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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