Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 the Prophet Isaiah, Chapter 30 (vv. 15-21):
"Thine ears shall hear a word
behind thee, saying
'This is the way, walk you in it,
When you turn to the right hand or
when you turn to the left'."
Let us pray.
Our Father, sometimes we have a real problem choosing between knowledge and wisdom.
But we are grateful for the privilege of making our own decisions. With trepidations, realizing full well our personal responsibilities, we lift up our needs to You for guidance and support!
Grant that we neither forsake our ideals nor become discouraged because we cannot achieve them as fast as we think we should.
Help us to instruct each other!
May what we do here this week, the way we do it, and the reasons why we do it, be the results of a deep conviction that each of us is sincerely striving to do the best we know for those we are here to serve.
So, help us, Lord!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 9, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James B. Hardy, Sr., 200 Swandale Drive, Columbia, S.C. 29203 VICE Milford D. Burriss (resigned)
On motion of Senator HAYES, with unanimous consent, the following fiscal impact statements on S. 947 were ordered printed in the Journal:
Bill Number: S. 947 Statement Number: 98-1
Author: Ryberg
Committee Requesting Impact: Senate Finance
Bill Summary
To amend Sections 12-21-2710, as amended, 12-21-2712, 12-21-2720, as amended, and 12-21-2726, Code of Laws of South Carolina, 1976, relating to coin-operated machines or devices, so as to extend the prohibition on slot machines and other machines or devices pertaining to games of chance to video games with a free play feature or any other coin-operated machine or device used for gambling, to extend the seizure and destruction provisions applicable to games of chance to these expanded prohibitions, to conform existing licensing requirements for coin-operated machines and devices to these expanded prohibitions and to delete references to provisions of law repealed by this section; to amend Section 12-54-40, as amended, relating to tax crimes and penalties, so as to delete the offense of operating an unmetered video game with a free play feature; to amend Sections 16-19-40 and 16-19-50, relating to the offense of gambling, so as to extend these offenses specifically to playing or maintaining any licensed coin-operated machine or device used for gambling purposes; to provide for a one-year license period for video games with a free play feature for licenses issued for a period beginning after May 31, 1998, at a fee of four thousand dollars; and to repeal Sections 12-21-2703, 16-19-60, and Article 20, Chapter 21 of Title 12, relating respectively to the retail license requirement for a location with video games with a free play feature, the exemption of video games with a free play feature from the gambling offenses, and the video games machines act.
Fiscal Impact
The revenue loss to local governments in FY 1998-99 is estimated at $3,400,000.
Explanation of Fiscal Impact
From Section 12-21-2720(B) and (D), Code of Laws of South Carolina, 1976, relating to coin-operated machines or devices, a local government can only collect an amount less than or equal to 10% of the fees collected by the State. The BEA conducted a survey of the forty-six counties and the municipalities where the machines are concentrated. From this information it is estimated that $3,400,000 is collected annually by local governments from the licensing of video poker machines. A listing of the survey results is attached.
Approved: Burnet R. Maybank, III Date: March 6, 1998
Total Amount
County Licensing Fee Collected Per Year
ABBEVILLE
AIKEN $150/yr $75,000
ALLENDALE No Fee
ANDERSON No Fee
BAMBERG No Fee
BARNWELL No Fee
BEAUFORT $300/2yr $39,089
BERKELEY No Fee
CALHOUN No Fee
CHARLESTON $150/yr (98$180/yr) $53,700
CHEROKEE No Fee
CHESTER $300/2yr $35,000
CHESTERFIELD No Fee
CLARENDON No Fee
COLLETON No Fee
DARLINGTON No Fee
DILLON $360/2yr $166,200
DORCHESTER $150/yr $28,000
EDGEFIELD $360/2yr $167,100
FAIRFIELD $300/2yr $112,800
FLORENCE No Fee
GEORGETOWN $300/2yr $20,925
GREENVILLE $360/2yr $437,150
GREENWOOD $300/2yr $37,050
HAMPTON No Fee
HORRY $360/2yr $501,780
JASPER $150/yr $40,000
KERSHAW $150/yr $49,163
LANCASTER No Fee
LAURENS $300/2yr $71,925
LEE No Fee
LEXINGTON No Fee
MCCORMICK No Fee
MARION $360/2yr $13,000
MARLBORO $360/2yr $121,000
NEWBERRY $150/yr
OCONEE No Fee
ORANGEBURG No Fee
PICKENS $300/2yr $20,138
RICHLAND $150/yr $127,650
SALUDA No Fee
SPARTANBURG $300/2yr $430,000
SUMTER $150/yr $38,850
UNION $150/yr $14,262
WILLIAMSBURG No Fee
YORK $300/2yr $375,000
SURVEY TOTAL $2,974,781
BEA survey March1-6, 1998
City Licensing Fee Total Amount
Collected Per Year
Aiken $180/MACHINE $12,500
Anderson $180/MACHINE $23,550
Bishopville $150/MACHINE $3,800
Charleston $150/MACHINE $102,150
Columbia $150/MACHINE $72,600
Conway $150/MACHINE
Florence $5stamp&gross
Lancaster $150/MACHINE $18,000
Spartanburg $150/MACHINE $6,890
Greenville $180/MACHINE $50,355
Myrtle Beach $150/MACHINE $97,500
Orangeburg $150/MACHINE $13,000
Rock Hill $170/MACHINE $68,975
Sumter $180/MACHINE $38,100
York $150 until Jan98 $180 $6,844
Subtotal = $501,764
BEA survey March1-6, 1998
Date: March 6, 1998
Bill Number: S. 947
Author: Ryberg
Committee Requesting Impact: Senate Finance
Bill Summary
To amend Sections 12-21-2710, as amended, 12-21-2712, 12-21-2720, as amended, and 12-21-2726, Code of Laws of South Carolina, 1976, relating to coin-operated machines or devices, so as to extend the prohibition on slot machines and other machines or devices pertaining to games of chance to video games with a free play feature or any other coin-operated machine or device used for gambling, to extend the seizure and destruction provisions applicable to games of chance to these expanded prohibitions, to conform existing licensing requirements for coin-operated machines and devices to these expanded prohibitions and to delete references to provisions of law repealed by this section; to amend Section 12-54-40, as amended, relating to tax crimes and penalties, so as to delete the offense of operating an unmetered video game with a free play feature; to amend Sections 16-19-40 and 16-19-50, relating to the offense of gambling, so as to extend these offenses specifically to playing or maintaining any licensed coin-operated machine or device used for gambling purposes; to provide for a one-year license period for video games with a free play feature for licenses issued for a period beginning after May 31, 1998, at a fee of four thousand dollars; and to repeal Sections 12-21-2703, 16-19-60, and Article 20, Chapter 21 of Title 12, relating respectively to the retail license requirement for a location with video games with a free play feature, the exemption of video games with a free play feature from the gambling offenses, and the video games machines act.
Local Revenue Impact
The revenue loss to local governments in FY 1998-99 is estimated at $3,400,000.
Explanation
From Section 12-21-2720(B) and (D), Code of Laws of South Carolina, 1976, relating to coin-operated machines or devices, a local government can only collect an amount less than or equal to 10% of the fees collected by the State. The BEA conducted a survey of the forty-six counties and the municipalities where the machines are concentrated. From this information it is estimated that $3,400,000 is collected annually by local governments from the licensing of video poker machines. A listing of the survey results is attached.
William C. Gillespie, Ph.D., Chief Economist
Total Amount
County Licensing Fee Collected Per Year
ABBEVILLE
AIKEN $150/yr $75,000
ALLENDALE No Fee
ANDERSON No Fee
BAMBERG No Fee
BARNWELL No Fee
BEAUFORT $300/2yr $39,089
BERKELEY No Fee
CALHOUN No Fee
CHARLESTON $150/yr (98$180/yr) $53,700
CHEROKEE No Fee
CHESTER $300/2yr $35,000
CHESTERFIELD No Fee
CLARENDON No Fee
COLLETON No Fee
DARLINGTON No Fee
DILLON $360/2yr $166,200
DORCHESTER $150/yr $28,000
EDGEFIELD $360/2yr $167,100
FAIRFIELD $300/2yr $112,800
FLORENCE No Fee
GEORGETOWN $300/2yr $20,925
GREENVILLE $360/2year $437,150
GREENWOOD $300/2yr $37,050
HAMPTON No Fee
HORRY $360/2yr $501,780
JASPER $150/yr $40,000
KERSHAW $150/yr $49,163
LANCASTER No Fee
LAURENS $300/2yr $71,925
LEE No Fee
LEXINGTON No Fee
MCCORMICK No Fee
MARION $360/2yr $13,000
MARLBORO $360/2yr $121,000
NEWBERRY $150/yr
OCONEE No Fee
ORANGEBURG No Fee
PICKENS $300/2yr $20,138
RICHLAND $150/yr $127,650
SALUDA No Fee
SPARTANBURG $300/2yr $430,000
SUMTER $150/yr $38,850
UNION $150/yr $14,262
WILLIAMSBURG No Fee
YORK $300/2yr $375,000
SURVEY TOTAL $2,974,781
BEA survey March1-6, 1998
City Licensing Fee Total Amount
Collected Per Year
Aiken $180/MACHINE $12,500
Anderson $180/MACHINE $23,550
Bishopville $150/MACHINE $3,800
Charleston $150/MACHINE $102,150
Columbia $150/MACHINE $72,600
Conway $150/MACHINE
Florence $5stamp&gross
Lancaster $150/MACHINE $18,000
Spartanburg $150/MACHINE $6,890
Greenville $180/MACHINE $50,355
Myrtle Beach $150/MACHINE $97,500
Orangeburg $150/MACHINE $13,000
Rock Hill $170/MACHINE $68,975
Sumter $180/MACHINE $38,100
York $150 until Jan98 $180 $6,844
Subtotal = $501,764
BEA survey March1-6, 1998
Senator ALEXANDER introduced Dr. James R. Pruitt of Seneca, S.C., Doctor of the Day.
The following were introduced:
S. 1105 -- Senators Grooms and Fair: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1165 SO AS TO PROVIDE A TAX EXEMPTION FOR A PRE-BORN CHILD OR CHILDREN AS A DEPENDENT FOR SOUTH CAROLINA INCOME TAX PURPOSES.
Read the first time and referred to the Committee on Finance.
S. 1106 -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Read the first time and referred to the Committee on Finance.
S. 1107 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE BOILER AND PRESSURE VESSEL SAFETY ACT; CREATE A BOARD OF BOILER AND PRESSURE VESSEL REGULATIONS TO SERVE WITHOUT SALARY AND TO FORMULATE AND PROMULGATE REGULATIONS FOR THE SAFE CONSTRUCTION, INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF BOILERS AND PRESSURE VESSELS, NUCLEAR POWER SYSTEMS, AND POWER AND PROCESS PIPING SYSTEMS; TO PROVIDE EXEMPTIONS FROM THE PROVISIONS OF THIS ACT; TO PROVIDE FOR THE ENFORCEMENT OF THE REGULATIONS PROMULGATED BY THE BOARD; TO PROVIDE FOR THE EXAMINATION AND APPOINTMENT OF BOILER AND PRESSURE VESSEL INSPECTORS; TO PROVIDE FOR THE INSPECTION OF BOILERS AND PRESSURE VESSELS, FEES TO BE CHARGED, AND REPORTS TO BE MADE; TO PROVIDE FOR INSPECTION CERTIFICATES; TO PROVIDE FOR APPEALS; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS CHAPTER.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, 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. 1109 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, 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.
H. 4700 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726 OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING AND PROVIDE FOR THE ENFORCEMENT OF THIS SECTION, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES AND THE VIDEO GAMES MACHINES ACT; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS TO PERMIT STUDENTS TO TRANSFER FROM AN "F" GRADED SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM; TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A PUBLIC SCHOOL ASSISTANCE FUND FOR THE PURPOSE OF PROVIDING FINANCIAL SUPPORT TO ASSIST POORLY PERFORMING SCHOOLS; BY ADDING SECTION 59-24-15 SO AS TO PROVIDE THAT SCHOOL ADMINISTRATORS MAY BE EMPLOYED ON AN ANNUAL OR MULTI-YEAR CONTRACT AND SHALL RETAIN THEIR CONTRACT STATUS AS A TEACHER BUT SHALL NOT BE GRANTED CONTRACT OR STATUS AS AN ADMINISTRATOR AND TO PROVIDE EXCEPTIONS; AND TO PROVIDE THAT IF A SCHOOL DISTRICT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT IN CERTAIN SITUATIONS, THE SCHOOL DISTRICT AND ANY EMPLOYEE THEREOF IS IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY AS A RESULT OF A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL PUNISHMENT IN CONFORMITY WITH THE DISTRICT'S POLICY, ABSENT GROSS NEGLIGENCE OR RECKLESSNESS; TO AMEND SECTION 59-35-10, AS AMENDED, RELATING TO KINDERGARTEN CLASSES WITHIN EACH SCHOOL DISTRICT OF THIS STATE, SO AS TO PROVIDE THAT FULL-DAY FIVE-YEAR-OLD KINDERGARTEN MUST BE PROVIDED TO ANY ELIGIBLE CHILD WHOSE PARENTS DESIRE FOR THEM TO ATTEND THAT KINDERGARTEN PROGRAM; BY ADDING SECTION 59-123-125 SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS APPROPRIATED TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA FOR THE "RURAL PHYSICIAN PROGRAM" SHALL BE ADMINISTERED, MANAGED, AND ALLOCATED; BY ADDING SECTION 59-123-115 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM SHALL BE AWARDED FUNDING FOR CERTAIN PROGRAMS; BY ADDING SECTION 59-117-85 SO AS TO PROVIDE THAT EMPLOYEES OF AGENCIES AND INSTITUTIONS AFFILIATED WITH THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE, WHO HOLD FACULTY APPOINTMENTS IN THE SCHOOL, MAY PARTICIPATE IN THE SCHOOL'S PRACTICE PLAN, AND TO PROVIDE THAT FUNDS GENERATED BY SUCH PARTICIPANTS SHALL BE HANDLED IN ACCORDANCE WITH UNIVERSITY POLICIES GOVERNING PRACTICE PLAN FUNDS; BY ADDING SECTION 59-113-45 SO AS TO PROVIDE THAT SOUTH CAROLINA TUITION GRANT FUNDS SHALL BE DISBURSED TO ELIGIBLE STUDENTS ON A SEMESTER-BY-SEMESTER BASIS, AND TO PROVIDE FOR THE MANNER IN WHICH INTEREST ACCRUING ON THE BALANCE OF UNDISBURSED TUITION GRANT FUNDS SHALL BE CALCULATED AND AWARDED; BY ADDING SECTION 59-101-410 SO AS TO PROVIDE THAT THE GOVERNING BOARDS OF STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY LEND THEIR ENDOWMENT FUNDS AND AUXILIARY ENTERPRISE FUNDS TO SEPARATELY CHARTERED NOT-FOR-PROFIT LEGAL ENTITIES WHOSE EXISTENCE IS PRIMARILY TO PROVIDE FINANCIAL ASSISTANCE AND OTHER SUPPORT TO THE INSTITUTION AND ITS EDUCATIONAL PROGRAM, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FUNDS MAY BE LOANED; TO AMEND SECTION 59-53-53, RELATING TO BORROWING BY AREA COMMISSIONS OF TECHNICAL COLLEGES AND THE MANNER IN WHICH THESE AREA COMMISSIONS ARE AUTHORIZED TO DISPOSE OF SURPLUS REAL PROPERTY, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH SURPLUS REAL PROPERTY MAY BE DISPOSED OF BY TECHNICAL COLLEGES; TO AMEND SECTION 59-101-180, RELATING TO THE SALES AND DISPOSAL OF REAL PROPERTY BY STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH SURPLUS REAL PROPERTY MAY BE DISPOSED OF BY THESE INSTITUTIONS; BY ADDING SECTION 1-11-59 SO AS TO PROVIDE THAT THE OFFICE OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD SHALL PREPARE AN ANNUAL REPORT FOR THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE OF ALL REAL PROPERTY SALES, PURCHASES, EXCHANGES, DISPOSALS, ACQUISITIONS, AND OTHER TRANSFERS OF ONE HUNDRED THOUSAND DOLLARS OR MORE THAT ARE SUBMITTED BY GOVERNMENTAL BODIES TO, AND APPROVED BY, THE STATE BUDGET AND CONTROL BOARD AS PROVIDED BY LAW; TO AMEND CHAPTER 65, TITLE 2, RELATING TO THE SOUTH CAROLINA FEDERAL AND OTHER FUNDS OVERSIGHT ACT, SO AS TO DEVOLVE THE FUNCTIONS OF THE GOVERNOR UNDER THE ACT TO THE BUDGET AND CONTROL BOARD, ELIMINATE THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD SHALL FOLLOW THE RECOMMENDATIONS OF THE GOVERNOR WITH RESPECT TO THE APPLICATION OF THE ACT, AND TO MAKE GRAMMATICAL AND OTHER TECHNICAL CHANGES; TO AMEND TITLE 59, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; BY ADDING SECTION 59-119-165 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD, IN CONJUNCTION WITH THE DEPARTMENT OF EDUCATION, SHALL TRANSFER ALL FEDERAL FUNDS ASSOCIATED WITH AGRICULTURAL EDUCATION AT THE DEPARTMENT OF EDUCATION TO CLEMSON-PSA (PUBLIC SERVICE ACTIVITIES) NO LATER THAN JULY FIFTEENTH OF EACH FISCAL YEAR AND TO PROVIDE FOR THE MANNER IN WHICH THESE FUNDS ARE REQUIRED TO BE USED; TO AMEND SECTION 50-9-910, RELATING TO REVENUE IN CONNECTION WITH FISH, GAME, AND WATERCRAFT, SO AS TO PROVIDE THAT ONE-HALF THE REVENUE FROM ANNUAL NONRESIDENT FISHING LICENSES BE CREDITED TO THE GAME FUND OF THE COUNTY WHERE THE REVENUE WAS COLLECTED; TO AMEND SECTIONS 8-11-92 AND 8-11-94, RELATING TO CRITERIA REQUIRED FOR STATE EMPLOYEE PAYROLL DEDUCTIONS OF CHARITABLE CONTRIBUTIONS AND THE CONFIDENTIALITY OF THE NAMES OF STATE EMPLOYEES AUTHORIZING THESE DEDUCTIONS, SO AS TO CHANGE REFERENCES FROM "SECRETARY OF STATE" TO "ATTORNEY GENERAL" TO REFLECT THE ENFORCEMENT OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT BY THE ATTORNEY GENERAL; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO FUNDS FROM FEES AND LITIGATION SETTLEMENT ALLOWED TO BE RETAINED BY THE ATTORNEY GENERAL FOR OPERATION OF THE SECURITIES DIVISION, SO AS TO ALLOW FIVE HUNDRED THOUSAND DOLLARS OF ANNUAL FEE REVENUES TO BE RETAINED BY THE ATTORNEY GENERAL FOR THE OPERATIONS OF THE SECURITIES DIVISION; TO AMEND CHAPTER 7, TITLE 1, RELATING TO THE ATTORNEY GENERAL, BY ADDING SECTION 1-7-85 SO AS TO PROHIBIT THE USE OF CERTAIN APPROPRIATED FUNDS AND TO REQUIRE WRITTEN APPROVAL FROM THE STATE BUDGET AND CONTROL BOARD BEFORE THE ATTORNEY GENERAL MAY CONTRACT ON A CONTINGENT OR OTHER BASIS FOR LEGAL REPRESENTATION; TO AMEND SECTION 1-7-150, RELATING TO THE ACCOUNTING OF THE ATTORNEY GENERAL TO THE STATE TREASURER, SO AS TO REQUIRE THAT ALL MONIES EXCEPT CERTAIN COSTS AWARDED TO THE STATE OF SOUTH CAROLINA BY JUDGMENT OR SETTLEMENT IN ACTIONS OR CLAIMS BROUGHT BY THE ATTORNEY GENERAL ON BEHALF OF THE STATE OR ONE OF ITS AGENCIES OR DEPARTMENTS MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REMOVE THE EXEMPTION FOR DOCUMENTS OF AND DOCUMENTS INCIDENTAL TO PROPOSED CONTRACTUAL ARRANGEMENTS WHICH RELATE TO THE PROPOSED LOCATION AND CONSTRUCTION OF A CORRECTIONAL FACILITY ON THE CONDITION THAT THE REQUESTED INFORMATION IS RELEASED ONLY TO A STANDING COMMITTEE OF THE GENERAL ASSEMBLY FOR DISCUSSION IN EXECUTIVE SESSION; TO AMEND SECTION 24-25-35, RELATING TO FUNDING FOR CERTAIN EDUCATIONAL PROGRAMS OF PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO REVISE SUCH FUNDING AND THE MANNER IT IS DETERMINED AND DISTRIBUTED; TO AMEND SECTION 56-3-253, RELATING TO THE ESTABLISHMENT OF BIENNIAL REGISTRATION PERIODS FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT ISSUE A REFUND OF THE BIENNIAL REGISTRATION FEE TO A PERSON WHO HAS PAID THE FEE AND MOVES OUT OF THE STATE DURING THE BIENNIAL REGISTRATION PERIOD; TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE NEW LICENSE PLATES TO BE ISSUED AT LEAST EVERY TEN YEARS; TO AMEND SECTION 12-28-2740, AS AMENDED, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO A COUNTY'S ACCOUNT IN THE PROPORTION THAT THE COUNTY'S MOST RECENT MONTH-END CASH BALANCE IN THE FUND IS OF THE TOTAL OF SUCH MONTH-END BALANCES; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT VOLUNTARY FIREMEN OF ORGANIZED VOLUNTEER FIRE UNITS AND MEMBERS OF ORGANIZED VOLUNTEER RESCUE SQUADS ARE COVERED UNDER TITLE 42 FOR WORKERS' COMPENSATION BY THE COUNTY GOVERNING BODY UNLESS THE GOVERNING BODY OF THE COUNTY OPTS OUT OF THIS COVERAGE; TO AMEND SECTION 42-7-10, AS AMENDED, RELATING TO THE STATE ACCIDENT FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR REMITTING TO THE GENERAL FUND CERTAIN INTEREST EARNED OR ACCRUING ON MONIES IN THE STATE ACCIDENT FUND AND FOR DISTRIBUTING TO LOCAL AGENCIES CERTAIN OTHER INTEREST, AND TO REQUIRE THE STATE ACCIDENT FUND AND THE STATE AUDITOR TO DETERMINE THE AMOUNTS TO BE DISTRIBUTED TO LOCAL AGENCIES AND TO DEVISE A PLAN TO IMPLEMENT THE DISTRIBUTION OF THESE MONIES ON A PRO-RATA BASIS LOCALLY; TO AMEND SECTION 58-15-2110, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE; TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED IN THE SAME MANNER AND SUBJECT TO THE SAME REQUIREMENTS AS THE ESTABLISHMENT OF MILITARY SERVICE; TO AMEND SECTION 9-17-10, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR FACULTY AND ADMINISTRATION OF PUBLICLY SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO EXTEND ELIGIBILITY FOR THIS PROGRAM TO FACULTY AND ADMINISTRATION OF TECHNICAL COLLEGES; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, RELATING TO THE GENERAL PROVISIONS OF THE STATE BUDGET SYSTEM, BY ADDING SECTION 11-11-150 SO AS TO ESTABLISH A TRUST FUND FOR TAX RELIEF WITHIN THE STATE TREASURY; TO AMEND SECTION 11-11-330, AS AMENDED, AND SECTION 12-37-251, AS AMENDED, BOTH RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO REPLACE IT WITH THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTIONS 12-37-450, AS AMENDED, 12-37-935, AND 12-37-270, ALL RELATING TO THE APPROPRIATION OF FUNDS FOR VARIOUS TAX RELIEF PURPOSES, SO AS TO REQUIRE THAT THOSE FUNDS BE CREDITED TO THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTION 12-37-280, RELATING TO REIMBURSEMENT TO LOCAL POLITICAL SUBDIVISIONS FOR HOMESTEAD EXEMPTIONS, SO AS TO FUND THOSE REIMBURSEMENTS FROM THE TRUST FUND FOR TAX RELIEF; AND TO REPEAL SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENT.
Read the first time and referred to the Committee on Finance.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 833 -- Senators Peeler and Giese: A BILL TO AMEND SECTION 48-49-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IDENTIFICATION OF PROTECTED MOUNTAIN RIDGE CRESTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL HAVE THE RESPONSIBILITY OF IDENTIFYING PROTECTED MOUNTAIN RIDGE CRESTS.
Ordered for consideration tomorrow.
Senator SETZLER from the Committee on Education submitted a favorable report on:
S. 837 -- Senator Lander: A BILL TO REPEAL SECTION 59-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION'S AUTHORITY TO ALLOW ADJUSTMENTS IN THE AMOUNT OF INSTITUTIONAL TIME REQUIRED IN THE DEFINED MINIMUM PROGRAM AND A PROVISION WHICH PROHIBITS THE REQUIREMENT OF A FOREIGN LANGUAGE AS A PREREQUISITE TO RECEIVING A REGULAR HIGH SCHOOL DIPLOMA.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 974 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FOR EITHER HIS COUNSEL OR A MINISTER TO BE PRESENT AT HIS EXECUTION.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations has polled out S. 1087 favorable with amendment:
S. 1087 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO RECOGNIZE THE REPRESENTATIVES OF THE EASTER SEAL SOCIETY BEFORE THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON WEDNESDAY, MARCH 18, 1998.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
Russell Washington
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary has polled out S. 1099 favorable:
S. 1099 -- Senator Drummond: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
Holland McConnell Bryan Wilson Moore Courtney Cork Ford Glover Lander Martin Elliott
Saleeby Russell Gregory Jackson Mescher Rankin
Ordered for consideration tomorrow.
Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Horsemen's Council to attend a reception at the Lace House on Tuesday, March 17, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Electric Cooperatives of S.C., Co-Op Day to attend a luncheon at the Coliseum on Wednesday, March 18, 1998, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Chapter, Natl. Assn. of Social Workers to attend a reception at the Sheraton on Wednesday, March 18, 1998, from 6:30 until 9:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Roundtable to attend a breakfast in Room 208 Blatt Bldg. on Thursday, March 19, 1998, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. AFL-CIO to attend a reception at Stadium Place, Bluff @ Market Place on Tuesday, March 24, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Prayer Fellowship to attend a breakfast at Embassy Suites on Wednesday, March 25, 1998, from 7:45 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Summary Court Judges Assn. to attend a reception at Seawell's on Wednesday, March 25, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Young Bankers Assn. to attend an oyster roast at the Woman's Club on Tuesday, March 31, 1998, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Reese
Washington
Columbia, S.C., February 24, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
asks for a Committee of Conference, and has appointed Reps. Battle, M. Hines and Jordan of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, O'DELL and ALEXANDER of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., March 10, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it requested and was granted Free Conference Powers and has appointed Reps. Dantzler, Law and Hinson of the Committee of Free Conference on the following Bill:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 10, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE proposed the following Amendment No. 1 (3764R001.TLM), which was adopted:
Amend the bill, as and if amended, page 4, after line 7 by adding appropriately numbered new SECTIONS to read:
/SECTION ___. Section 40-2-70 of the 1976 Code is amended to read:
"SECTION 40-2-70. There is created the South Carolina Board of Accountancy which shall carry out the purposes and enforce the provisions of this chapter. The members of the board must be appointed by the Governor with the advice and consent of the Senate."
SECTION ___. Section 40-2-80 of the 1976 Code is amended to read:
"Section 40-2-80. The board consists of nine members: five licensed certified public accountants, two licensed public accountants or licensed accounting practitioners, and two public members who are not engaged in the practice of public accounting, have no financial interest in the profession of public accounting, and have no immediate family member in the profession of public accounting. As used in this section, 'immediate family member' is defined in Section 8-13-100(18). Members must be appointed by the Governor, with advice and consent of the Senate, for terms of three years and until their successors are appointed and qualify. Vacancies may be filled by the Governor for unexpired terms. The Governor shall remove a member of the board for neglect of duty or other just cause."/
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
On motion of Senator ALEXANDER, with unanimous consent, Amendment No. 6 was taken up for immediate consideration.
Senator ALEXANDER proposed the following Amendment No. 6 (3764R008.TCA), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 4-7 and inserting in lieu thereof the following:
/(B) The board also shall promulgate regulations for contingent fees, commissions, and forms of practice, which may conform to the professional standards of the American Institute of Certified Public Accountants, as of December 31, 1996, or the National Association of Boards of Accountancy, or both. Notwithstanding the professional standards of these two organizations or any other provision of law, the regulations shall provide that upon referral of a client, the referring certified public accountant shall provide notice to the client that the referring accountant may receive a contingent fee, a commission, or both, for the referral. The notice shall be in the form of a statement signed by the client in which the client acknowledges that the certified public accountant may receive a contingent fee, a commission, or both, for the referral./
Amend title to conform.
Renumber sections to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 2 (3764R002.TCA), which was tabled:
Amend the bill, as and if amended, page 2, by striking lines 7-12 and inserting in lieu thereof the following:
/(2) Each partner personally engaged within this State in the practice of public accounting as a member of the partnership is a certified public accountant of this State in good standing;
(3) Each partner is a certified public accountant in good standing of some state of the United States;
(4) Each resident manager in charge of an office of the firm
Amend title to conform.
Senator ALEXANDER argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ALEXANDER spoke on the Bill.
Senator J. VERNE SMITH spoke on the Bill.
Senator PASSAILAIGUE spoke on the Bill.
Senator COURSON assumed the Chair at 12:53 P.M.
Senator PASSAILAIGUE continued speaking on the Bill.
Senator J. VERNE SMITH spoke on the Bill.
Senator ALEXANDER proposed the following Amendment No. 8 (3764R005.TCA):
Amend the bill, as and if amended, page 4, by striking lines 3-10.
Amend title to conform.
Renumber sctions to conform.
Senator ALEXANDER explained the amendment.
Senator THOMAS objected to further consideration of the Bill.
The PRESIDENT assumed the Chair at 1:15 P.M.
Senator THOMAS objected to consideration of the uncontested matters on the Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4688 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO ELECT SUCCESSORS TO OFFICES WHICH TERMS HAVE OR WILL EXPIRE AND FOR WHICH CANDIDATES HAVE BEEN SCREENED AND ARE UNOPPOSED FOR SEATS ON THE SUPREME COURT, THE COURT OF APPEALS, THE CIRCUIT COURT, THE FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Concurrent Resolution.
Senator RYBERG argued contra to the adoption of the Resolution.
Senator PASSAILAIGUE spoke on the Resolution.
Senator MOORE made a Parliamentary Inquiry as to whether or not under the provisions of Rule 10, consideration of the General Appropriation Bill would take precedence over all matters, including consideration of S. 947.
The PRESIDENT stated that the General Appropriation Bill would take precedence over all matters.
Senator THOMAS made a Parliamentary Inquiry as to the status of H. 4688.
The PRESIDENT stated that the Bill was under consideration.
Senator McCONNELL asked unanimous consent to make a motion that, when consideration of H. 4688 was completed, S. 947 be placed in the status of Interrupted Debate, to be taken up for consideration on Tuesday, March 24, 1998; and that, further, on that day if there are any matters in the box which become contested, they will be carried over; that the Senate will proceed to a Call of the Calendar and then begin consideration of S. 947; and, further, that if there are any contested matters in the box between now and March 24, 1998, they also will be carried over; and that, further, H. 4688 will be taken up for consideration and disposed of on Wednesday, March 11, 1998, and provided, that no further amendments could be received on H. 4688.
Debate was interrupted by adjournment.
Having received a favorable report from the Richland County Delegation, on motion of Senator PATTERSON, the following appointment was confirmed in open session:
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
Honorable James B. Hardy, Sr., 200 Swandale Drive, Columbia, S.C. 29203 VICE Milford D. Burriss (resigned)
On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. E. W. "Red" Burnette, former baseball coach for 29 years and Athletic Director of Newberry College.
At 1:34 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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