South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate


Printed Page 2396 . . . . . Thursday, May 13, 1999

Thursday, May 13, 1999
(Statewide Session)

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 ACTING PRESIDENT, Senator SETZLER.

A quorum being present, the proceedings were opened with a devotion by Senator J. VERNE SMITH.

ACTING PRESIDENT PRESIDES

At 11:07 A.M., Senator J. VERNE SMITH assumed the Chair.

RECESS

At 11:07 A.M., on motion of Senator GIESE, the Senate receded from business subject to the Call of the Chair.

At 11:10 A.M., the Senate resumed.

The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Leave of Absence

At 11:15 A.M., Senator RYBERG requested a leave of absence beginning at 1:00 P.M. and lasting until 12:00 Noon, Tuesday, May 18, 1999.

Leave of Absence

At 11:15 A.M., Senator GIESE requested a leave of absence beginning at 5:00 P.M. and lasting until 6:00 A.M. Friday, May 14, 1999.

Leave of Absence

At 12:30 P.M., Senator FAIR requested a leave of absence for the balance of the day.

Expression of Personal Interest

Senator DRUMMOND rose for an Expression of Personal Interest.

Point of Personal Privilege

Senator PATTERSON rose to a Point of Personal Privilege.


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Expression of Personal Interest

Senator PATTERSON rose for an Expression of Personal Interest.

Motion Adopted

On motion of Senator FAIR, with unanimous consent, the Senate agreed that the Privilege of the Chamber, to that area behind the rail, on Thursday, May 20, 1999, be extended to Mr. Jeffrey Scott Hopkins of Greenville, South Carolina, Governor's Committee on Employment of People with Disabilities 1999 Student of the Year, and his immediate family, for the purpose of introducing Mr. Hopkins and presenting him a Resolution.

PRESIDENT PRESIDES

At 11:29 A.M., the PRESIDENT assumed the Chair.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott, Peeler and Leatherman: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.

The House returned the Bill with amendments.

Senator SETZLER explained the Bill and House amendments.

The Senate proceeded to a consideration of the Bill. The question being concurrence with the House amendments.

Senators DRUMMOND, ALEXANDER, ANDERSON, BAUER, BRANTON, BRYAN, CORK, COURSON, COURTNEY, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAYES,


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HOLLAND, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, RANKIN, RAVENEL, REESE, RUSSELL, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, WALDREP, WASHINGTON and WILSON proposed the following amendment (379C.jdd), which was adopted:

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

/   SECTION 1.   Title 59 of the 1976 Code is amended by adding:

  "CHAPTER 146

State School Facilities Bonds Act

Section 59-146-10.   This chapter may be cited as the 'State School Facilities Bond Act'.

Section 59-146-20.   It is declared that, for the benefit of the people of the State, the increase of their commerce, welfare, and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'School district' means a public body corporate and politic operating as a school district under the provisions of Chapter 17, Title 59.

(3)   'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.

(4)   'State board' means the State Board of Education.

(5)   'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.

Section 59-146-40.   In order to obtain funds for allocation to school districts for school facilities, there shall be issued from time to time state school facilities bonds under the conditions prescribed by this chapter.


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Section 59-146-50.   The maximum principal amount of state school facilities bonds that may be issued pursuant to this chapter shall not exceed seven hundred fifty million dollars except that this limitation shall not apply to any state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. The General Assembly directs the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of their individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds shall be issued in fiscal year 1999-2000, except that no bonds issued in fiscal year 1999-2000 may be released until after January 1, 2000. The authority to issue bonds under this chapter shall expire four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.

Section 59-146-60.   The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:

(1)   the amount then required for allocation to local school districts for school facilities for the next fiscal year;

(2)   a tentative time schedule setting forth the period of time during which the sum requested will be expended;

(3)   a debt service table showing the annual principal and interest requirements for all state school facilities bonds then outstanding; and

(4)   the total amount of all state school facilities bonds issued.

This notification shall be presented to the Budget and Control Board by March first of each year.

Section 59-146-70.   Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board shall, by resolution duly adopted, effect the issuance of state school facilities bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.

Section 59-146-80.   In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   schedules setting forth the aggregate of all general obligation debt of the State (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) together with certificates of the State Treasurer and State Auditor evidencing


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compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;

(2)   a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest thereon, and the amount of any special funds applicable to the retirement of the outstanding state school facilities bonds;

(3)   the amount of state school facilities bonds to be issued; and

(4)   a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.

Section 59-146-90.   The state school facilities bonds must bear the date and mature at the time that the resolution provides, except that no state school facilities bonds may mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates as determined by the State Budget and Control Board.

Section 59-146-100.   All state school facilities bonds issued under this chapter are exempt from taxation as provided in Section 12-2-50.

Section 59-146-110.   All state school facilities bonds issued under this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 59-146-120.   For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly hereby allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.


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Section 59-146-130.   State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 59-146-140.   The proceeds of the sale of state school facilities bonds shall be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no way be liable for the proper application of the proceeds to the purposes for which they are intended.

Section 59-146-150.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.

Section 59-146-160.   The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.

Section 59-146-170.   The responsibilities and duties of the State Department of Education and State Board of Education shall be as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.

Section 59-146-180.   To qualify for the funds under this chapter, each school district shall meet the requirements of this chapter and any guidelines promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when appropriate use of funds is documented."

SECTION 2.   Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1, Act 111 of 1997, is further amended by adding:

"A.   COLLEGES AND UNIVERSITIES

(a)   The Citadel


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Padget-Thomas Hall Replacement   8,000,000

(b)   Clemson University

Long Hall   4,000,000

Littlejohn Coliseum   9,000,000

(c)   University of Charleston

Physical Education Center   12,000,000

Simons Center for the Arts   3,000,000

(d)   Coastal Carolina University

Humanities and Fine Arts Building   5,601,500

(e)   Francis Marion University

Energy Facility Upgrade   525,000

(f)   Lander University-Renovation of

Campus Electronic Communications

Infrastructure   988,000

(g)   South Carolina State University

Hodge Hall Science Building   10,000,000

Deferred Maintenance-Phase One   7,500,000

(h)   University of South Carolina

Columbia (including Medical School)

School of Public Health   3,500,000

Arena   7,500,000

Wellness and Fitness Center   3,000,000

School of Law - New Building   5,000,000

(i)   USC - Aiken Campus

Student Activities Center   3,200,000

(j)   USC - Beaufort Campus

New River Facility   2,500,000

(k)   USC - Spartanburg

Information Resources Center   1,000,000

(l)   USC - Sumter Campus

Alice Drive Baptist Church-Acquisition   1,500,000

(m)   Winthrop University

Peabody Gymnasium   4,400,000

(n)   Medical University of South Carolina

Hollings Cancer Center-Expansion   10,000,000

B.   STATE TECHNICAL AND COMPREHENSIVE EDUCATION

(a)   Technical System

Education and Training Equipment   13,000,000

(b)   Aiken Technical College

Health and Sciences Building   5,325,000

(c)   Central Carolina Technical College


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EF Dubose Career Center   9,611,309

(d)   Denmark Technical College

Library   2,000,000

(e)   Horry-Georgetown Technical College

Library/Student Center   7,136,224

(f)   Greenville Technical College

Education Center   7,500,000

(g)   Midlands Technical College

Information Tech Center NE Campus   5,280,000

(h)   Orangeburg-Calhoun Technical College

Library, Cafeteria, and

Student Service Area   4,256,000

(i)   Spartanburg Technical College

Student Services Building   1,000,000

(j)   Piedmont Technical College

Laurens County Higher

Education Center   4,000,000

Edgefield County Center Renovation   900,000

(k)   York Technical College

Building C Expansion   2,100,000

(l)   Williamsburg County Technical College

Roof Replacement-Buildings A & B   600,000

Computer Equipment and Software   599,723

C.   OTHER EDUCATIONAL AGENCIES

(a)   ETV

Conversion to Digital Transmission   10,000,000

(b)   Governor's School for Science and Math

Renovation of Facility   6,000,000

(c)   School for the Deaf and Blind

Walker Hall Renovation   11,920,000

(d)   Wil Lou Gray

Roof System   1,000,000

Flooring   1,000,000

D.   PUBLIC EDUCATION

(a)   Department of Education

School Buses and Maintenance

Vehicles   15,000,000

Twelve new school buses to go to the South Carolina School for the Deaf and Blind; two new school buses to go to the Wil Lou Gray Opportunity School; and two new thirty-passenger vans to go to the John de la Howe School must be provided from the funds authorized.


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E.   OTHER AGENCIES

(a)   Department of Agriculture

Columbia Farmer's Market   10,000,000

(b)   Budget and Control Board

Deferred Maintenance   4,281,193

(c)   Clemson PSA

Agriculture and Life Science Complex   10,000,000

Edisto Center   4,000,000

(d)   Department of Commerce

Lake Marion Water Agency   8,000,000

Spartanburg Renaissance Center   2,000,000

(e)   Department of Mental Health

Greenville Mental Health Center   5,985,000

Kershaw/Santee/Wateree Center   2,300,000

Greenwood Beckman Health Center   4,700,000

(f)   Department of Natural Resources

Florence HQ Building   500,000

Greenwood HQ Building   500,000

(g)   Department of Parks, Recreation and Tourism

State Parks   10,000,000

(h)   State Library

Cherokee County Library   500,000

Local Library Initiatives   2,057,000

Funds appropriated to the State Library for local library initiatives must be allocated as follows:

Dillon         1,000,000

Lake City     750,000

Gaston       7,000

Darlington     100,000

Hartsville     100,000

Bamberg     100,000

(i)   State Ports Authority

Harbor Dredging   24,000,000"

SECTION 3.   Section 4 of Act 1377 of 1968, as last amended by Section 2, Act 111 of 1997, is further amended to read:

"Section 4.   The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,445,465,475.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of


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1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

SECTION 4.   Upon approval by the Governor, this act takes effect July 1, 1999.   /

Amend the bill further, as and if amended, by striking the title in its entirety and inserting the following:

/   TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT; AND TO AMEND SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE AMOUNT OF BONDS WHICH MAY BE ISSUED./

Renumber sections to conform.

Senator SETZLER explained the amendment

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Alexander                 Anderson                  Bauer   

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Branton                   Bryan                     Cork
Courson                   Courtney                  Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hayes                     Holland
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

Total--46

NAYS

Total--0

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

RECALLED

H. 3547 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND PROSECUTION PROCEDURES FOR CHECKS DRAWN WITH INSUFFICIENT FUNDS ON DEPOSIT, SO AS TO INCREASE THE SERVICE CHARGE FROM TWENTY-FIVE TO THIRTY DOLLARS.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.


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RECALLED

H. 3928 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUT-OF-NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE PROVISION THAT EVERY ENROLLEE IN A HEALTH MAINTENANCE ORGANIZATION IS ENTITLED TO EVIDENCE OF COVERAGE, SO AS TO PROVIDE THAT FOR A POINT OF SERVICE OPTION OFFERED JOINTLY BY A HEALTH MAINTENANCE ORGANIZATION AND AN INSURER, ONLY ONE EVIDENCE OF COVERAGE IS REQUIRED.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H. 3835 (Word version) -- Rep. Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 12-54-43 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 12-54-44 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 4-12-30, AS AMENDED, AND 4-29-67, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE "REPLACEMENT PROPERTY" AS REPLACING THE OLDEST PROPERTY IN THE PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 4-29-68, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 6-1-320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11-1-10,


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RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADOPT SECTION 6015; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO DESCRIBE SPECIFICALLY THE DATA USED TO RANK AND DESIGNATE THE STATE'S COUNTIES AS THE AVAILABLE PER CAPITA INCOME DATA AND UNEMPLOYMENT RATE DATA FROM THE LAST THREE YEARS AND THE DATA USED FOR DETERMINATION OF THE PER CAPITA INCOME OF A COUNTY AS THE LATEST AVAILABLE DATA AND TO PROVIDE FOR THE PASS THROUGH OF THE UNUSED CREDIT TO MEMBERS OF CERTAIN ENTITIES CLAIMING THE CREDIT; TO AMEND SECTION 12-6-4910, RELATING TO THOSE TAXPAYERS REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO REFERENCE THE DEDUCTION FOR RETIREMENT INCOME; TO AMEND SECTIONS 12-6-5060, 12-6-5065, 12-6-5070, AND 12-6-5080, ALL RELATING TO DESIGNATIONS ON THE TAX RETURNS FOR VOLUNTARY CONTRIBUTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE PROVISIONS OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT; TO AMEND SECTION 12-21-2550, AS AMENDED, RELATING TO FAILURE TO MAKE A CORRECT TAX RETURN OR TO FILE A RETURN, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO ESTIMATE THE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO INCLUDE PROCEEDS FROM THE SALE OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO DELETE REFERENCE TO CALCULATION OF ROLLBACK MILLAGE; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE LANGUAGE MAKING THE PENALTY INTEREST THE EXCLUSIVE REMEDY; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF THE

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DISCLOSURE OF RECORDS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF NAMES AND ADDRESSES TO THE STATE RETIREMENT SYSTEM IN CONNECTION WITH INACTIVE ACCOUNTS; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ADD THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE "INDIVIDUAL" TO "PERSON"; AND TO REPEAL SECTIONS 12-6-5590 RELATING TO REVISION OF THE ASSESSED TAX, 12-54-35 RELATING TO SPOUSAL LIABILITY FOR TAX, AND 12-54-40 RELATING TO PENALTIES IN CONNECTION WITH COLLECTION AND ENFORCEMENT OF TAXES.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

RECALLED

H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE


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REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.

Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 816 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. WALTER E. DAVIS, SR., ON THE OCCASION OF THE CELEBRATION OF HIS THIRTY YEARS OF CONTINUOUS AND FAITHFUL SERVICE


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TO THE ANTIOCH MISSIONARY BAPTIST CHURCH IN GREENVILLE, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 817 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. KATHLEEN "KAY" FELDER BODENHEIMER OF AIKEN COUNTY FOR HER TWENTY-SIX YEARS OF OUTSTANDING TEACHING AND DEDICATION TO EXCELLENCE IN EDUCATION, AND EXTENDING TO HER BEST WISHES FOR HAPPINESS FOLLOWING HER RETIREMENT.

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

S. 818 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 4TH, AND FRIDAY, NOVEMBER 5TH, 1999, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 3RD, 1999, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.

The Concurrent Resolution was introduced and ordered referred to the Committee on Invitations.

S. 819 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-400 SO AS TO PROVIDE CERTAIN DEFINITIONS RELATING TO AUTOMOBILE INSURERS, AUTOMOBILES, AND AUTOMOBILE PARTS, TO PROVIDE THAT AN AUTOMOBILE INSURER SHALL NOT REQUIRE THE USE OF AN AFTER-MARKET PART IN THE REPAIR OF A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT AN AUTOMOBILE INSURER THAT INTENDS TO REQUIRE OR SPECIFY THE USE OF AFTER-MARKET PARTS MUST DISCLOSE THIS INFORMATION TO ITS POLICYHOLDERS, TO PROVIDE THAT AN AUTOMOBILE INSURER MUST DISCLOSE TO A CLAIMANT THAT HIS ESTIMATE WAS PREPARED BASED ON THE USE OF AUTOMOBILE PARTS NOT MADE BY THE ORIGINAL


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MANUFACTURER AND THAT THESE PARTS MUST BE EQUAL TO THE ORIGINAL MANUFACTURER PARTS THEY ARE REPLACING, TO PROVIDE THAT AFTER-MARKET PARTS INSTALLED ON A MOTOR VEHICLE MUST BE IDENTIFIED ON THE ESTIMATE AND INVOICE FOR REPAIR, TO PROVIDE THAT AN AUTOMOBILE PART THAT IS NOT MADE BY THE ORIGINAL MANUFACTURER MUST HAVE THE LOGO OR NAME OF THE MANUFACTURER ON IT, AND TO PROVIDE A PENALTY.

Read the first time and referred to the Committee on Banking and Insurance.

S. 820 (Word version) -- Senators Holland, McConnell and Giese: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM, AND TO FURTHER PROVIDE FOR THE EXPANSION OF JURISDICTION AND VENUE, SO AS TO GRANT JURISDICTION TO MUNICIPAL COURTS; AND TO FURTHER REQUIRE THAT MUNICIPAL COURTS PROVIDE FORMS TO FACILITATE THE PREPARATION AND FILING OF A COMPLAINT AND MOTION FOR A RESTRAINING ORDER BY A PLAINTIFF NOT REPRESENTED BY COUNSEL; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND TO FURTHER REQUIRE THAT THE EVALUATION BE SCHEDULED


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WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.

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

S. 821 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2430, 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. 822 (Word version) -- Senators Anderson, Patterson, Glover, Matthews, Bryan and Washington: A BILL TO AMEND SECTION 59-149-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT BEGINNING WITH THE 2000-2001 SCHOOL YEAR, THREE LEVELS OF LIFE SCHOLARSHIPS SHALL BE OFFERED; AND TO AMEND SECTION 59-149-50 RELATING TO LIFE SCHOLARSHIP ELIGIBILITY REQUIREMENTS, SO AS TO ESTABLISH ELIGIBILITY REQUIREMENTS FOR THE THREE LEVELS OF LIFE SCHOLARSHIPS.

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

S. 823 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO BROOK GLENN ELEMENTARY SCHOOL OF TAYLORS, SOUTH CAROLINA, ON THE SPECIAL OCCASION OF CELEBRATING ITS THIRTIETH BIRTHDAY.

The Senate Resolution was adopted.

S. 824 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED


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STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".

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

H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.

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

H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.

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

H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A


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DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.

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

H. 4000 (Word version) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.

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

H. 4012 (Word version) -- Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, Scott, F. Smith and J. Smith: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTY-FIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.

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

H. 4067 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF PHARMACY, RELATING TO FACILITY PERMIT CLASSIFICATIONS,


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DESIGNATED AS REGULATION DOCUMENT NUMBER 2426, 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 Labor, Commerce and Industry.

H. 4072 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2374, 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. 4073 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDIVIDUAL RESIDENTIAL WELL AND IRRIGATION WELL PERMITTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2351, 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. 4082 (Word version) -- Reps. Stille, Carnell and Townsend: A BILL TO ABOLISH THE ABBEVILLE COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT 60, AND TO CHANGE THE NAME OF ABBEVILLE COUNTY SCHOOL DISTRICT 60 TO THE ABBEVILLE COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 2000.

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

H. 4091 (Word version)-- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn,


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Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. WILLIE GREEN, JR., OF RICHLAND COUNTY ON THE OCCASION OF HIS RETIREMENT AS SINGLE FAMILY PROGRAM DIRECTOR FOR THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FARMERS HOME ADMINISTRATION.

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

H. 4092 (Word version) -- Reps. J. Smith and Lourie: A CONCURRENT RESOLUTION RECOGNIZING THE LIFE AND GOOD WORKS OF JOHN BERNARDIN, SR., OF COLUMBIA AND EXPRESSING THE APPRECIATION AND RESPECT OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTIONS HE MADE TO THE MIDLANDS COMMUNITY, ESPECIALLY ITS MOST FRAGILE SECTOR, ITS NEEDY CHILDREN, DURING HIS LIFETIME.

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

H. 4101 (Word version)-- Rep. W. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE NEWBERRY COLLEGE INDIANS BASEBALL TEAM FOR WINNING THE 1999 SOUTH ATLANTIC CONFERENCE BASEBALL CHAMPIONSHIP AND TO COMMEND THE TEAM FOR ITS OUTSTANDING SEASON.

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


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REPORTS OF STANDING COMMITTEES

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan, McGill, McConnell, Branton and Grooms: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.

Ordered for consideration tomorrow.

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

H. 3174 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF 'CAMPGROUND'.

Ordered for consideration tomorrow.

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

H. 3715 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 6-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF CERTIFICATES OF REGISTRATION FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THESE CERTIFICATES ARE VALID FOR THE PERIOD STIPULATED BY REGULATION RATHER THAN FOR ONE YEAR; TO AMEND SECTIONS 6-9-50 AND 6-9-60, BOTH AS AMENDED, BOTH RELATING TO MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO REVISE WHICH CODES AND STANDARDS MUST BE ADOPTED AND TO DELETE A PROVISION RELATING TO CERTAIN CODES TAKING PRECEDENCE OVER OTHER CODES; AND TO AMEND


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SECTION 38-7-35, RELATING TO FUNDING OF TRAINING AND EDUCATION PROGRAMS FOR BUILDING CODE ENFORCEMENT OFFICERS, SO AS TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REPORT ON THE USE OF SUCH FUNDS EVERY JULY FIFTEENTH RATHER THAN JANUARY FIFTEENTH.

Ordered for consideration tomorrow.

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

H. 3716 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 23-43-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROMULGATION OF REGULATIONS BY THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO REVISE A REFERENCE TO CERTAIN BUILDING CODES AND STANDARDS THAT MUST BE INCORPORATED INTO THE REGULATIONS; TO AMEND SECTION 23-43-60, AS AMENDED, RELATING TO ESTABLISHMENTS AND AUTHORITY OF THE MODULAR BUILDINGS BOARD OF APPEALS, SO AS TO ELIMINATE THIS BOARD AND TRANSFER ITS AUTHORITY TO THE SOUTH CAROLINA BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-110, AS AMENDED, RELATING TO THE SUSPENSION AND REVOCATION OF MODULAR BUILDING CERTIFICATIONS, SO AS TO PROVIDE THAT APPEALS MUST BE MADE TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-120, AS AMENDED, RELATING TO VARIANCE ORDERS, SO AS TO REPLACE REFERENCES TO THE MODULAR BUILDINGS BOARD OF APPEALS WITH REFERENCES TO THE BUILDING CODES COUNCIL; TO AMEND SECTION 23-43-130 RELATING TO LOCAL ENFORCEMENT OF THE PROVISIONS OF CHAPTER 43, TITLE 23, BY LOCAL BUILDING OFFICIALS, SO AS TO DELETE A PROVISION DESIGNATING ALTERNATIVE SOURCES FOR ENFORCEMENT IN LOCALITIES WITH NO BUILDING OFFICIAL; TO AMEND SECTION 23-43-150, AS AMENDED, RELATING TO LICENSING SELLERS OF MODULAR BUILDING UNITS, SO AS TO MAKE LICENSURE BIENNIAL, AND TO DELETE PROVISIONS RELATING TO FEES BEING ESTABLISHED BY THE BUILDING CODES COUNCIL AND TO THE ADDRESS TO WHICH THE LICENSE MUST BE SENT; AND TO REPEAL SECTION 23-43-140 RELATING TO


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EXAMINATIONS BY THE BUILDING CODES COUNCIL OF MODULAR BUILDINGS UPON COMPLAINT RELATING TO VIOLATIONS OF REGULATIONS.

Ordered for consideration tomorrow.

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

H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.

Ordered for consideration tomorrow.

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

H. 3174 (Word version) -- Rep. Simrill: AN ACT TO AMEND SECTION 45-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO DEFRAUDS A HOTEL, MOTEL, INN, BOARDING HOUSE, ROOMING HOUSE, CAFE, OR RESTAURANT OWNER AND THE PENALTIES, SO AS TO ADD CAMPGROUND TO THE LISTED LODGING ACCOMMODATIONS AND TO PROVIDE A DEFINITION OF "CAMPGROUND".

Ordered for consideration tomorrow.

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


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H. 3779 (Word version) -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 41-18-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF "SERIOUS INJURY" TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 808 (Word version) -- Senators Fair, J. Verne Smith, Thomas, Anderson and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE JEFFREY SCOTT HOPKINS OF GREENVILLE UPON HIS SELECTION AS THE SOUTH CAROLINA GOVERNOR'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES 1999 STUDENT OF THE YEAR.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution 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. 3106 (Word version) -- Rep. Harris: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.

(By prior motion of Senator HOLLAND)

H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF


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HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3960 (Word version) -- Reps. Barfield, Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO PROVIDE THAT LIVE NONGAME FISH AND BREAM MAY BE USED WITH SINGLE-BARBED SET HOOKS, INCLUDING ON TROTLINES HAVING NOT MORE THAN TWENTY HOOKS, THAT HAVE A SHANK-TO-POINT GAP OF ONE AND THREE-SIXTEENTHS INCHES OR GREATER.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.

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

Senator McCONNELL proposed the following amendment (RUL3833.001), which was adopted:

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

(B)

"(42)   All real property of charitable trusts and foundations held for historic preservation of forts and battlegrounds which extends beyond the buildings and premises actually occupied by the charitable trusts and foundations which own the real property if no profit or benefit from any operation on the charitable trusts and foundations' real property inures to the benefit of any private stockholder or individual


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and no income producing ventures are located on the charitable trusts and foundations' real property. This exemption does not change any exemption provided for charitable trusts and foundations in item (4) of subsection (A) of this section and item (d), Section 3, Article X of the Constitution of this State but is an additional exemption for charitable trusts and foundations for historic preservation as provided in this item."       /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.

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

Amendment No. 1

Senator MOORE proposed the following Amendment No. 1 (3777R002.TLM), which was not adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof:

/TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY FOR YEAR 1999, TO AMEND CERTAIN SECTIONS OF ACT 503 OF 1982, TO DEVOLVE UPON THE AIKEN COUNTY SCHOOL BOARD OF EDUCATION THE AUTHORITY TO PROVIDE FOR ANY ADJUSTMENT IN THE TAX MILLAGE LEVIED FOR THE GENERAL OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY AND TO PROVIDE CERTAIN


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NOTICE REQUIREMENTS, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Notwithstanding any other provision of law, for the year 1999, a tax millage of up to 100.1 mills is authorized to be levied for the operations of the school district of Aiken County as determined by the governing board of the district.

SECTION   2.   Sections 14, 15, and 16 of Act 503 of 1982 are amended to read:

"Section   14.   The board of education is authorized to appoint for each administrative area an area advisory council composed of seven members in each area, whose terms of office shall be three years; provided, that initially three members shall be appointed for a term of three years, two for a term of two years, and two for a term of one year. The length of the terms of the members initially appointed shall be determined by lot. In Administrative Area No. 4 two members of the area advisory council shall be residents of that portion of Saluda County formerly designated as Ridge Springs School District No. 2 of Saluda and shall be appointed as provided in Act 244 of 1959 (formerly designated as Section 21-3954, Code of Laws of South Carolina, 1962); provided, that the length of the term shall be three years rather than four and staggered terms are set as provided elsewhere in this or other acts. Nothing in this section shall be construed so as to require the creation or continuation of an area advisory council. Such a decision is within the sole discretion of the board of education.

Section   15.   The area advisory councils shall may determine local policies in their respective administrative areas; provided, such policies are not inconsistent with the policies set forth by the County Board of Education. The County Board of Education may delegate additional authority to the area advisory councils to the extent necessary for the effective operation of the public schools in the county.

Patrons of the schools in each administrative area shall present their grievances to their area advisory council through their area superintendent. Appeals may be made to the County Board of Education.

Section   16.   (A)   Each of the administrative areas shall may have an area superintendent appointed by the County Board of Education upon recommendation of the district superintendent. Each area superintendent shall may be responsible to the district superintendent


Printed Page 2425 . . . . . Thursday, May 13, 1999

for the operation of the schools within his area and the annual preparation of a proposed classified budget for the operation of the schools in his administrative area. The area superintendent shall may have supervisory control over the expenditure of funds allocated to his area. Each area superintendent shall may recommend to the district superintendent for nomination to the county board for employment those school personnel whose services are required to his administrative area. The area superintendents shall may be delegated additional authority as deemed necessary in consultation with the district superintendent of schools by the County Board of Education.

(B)   Should it be determined by the majority of the school board members that the administrative area offices or the area advisory council, or both, is not in the best interest of the efficient, effective, or fiscally responsible operation of the school district, the area offices or the area advisory council, or both, may be eliminated. If the decision is made to eliminate administrative area offices or the area advisory council or both, all areas of the county, to the extent practicable, must be treated uniformly, and in no event may one area office or area advisory council be eliminated if all are not eliminated."

SECTION   3.   Beginning with school year 2000-2001, the Aiken County Board of Education is authorized to levy for the general operation of the School District of Aiken County and to adjust the millage rate, as necessary, from that levied for the year 1994-95 by Act 579 of 1994. The Aiken County Board of Education is granted full fiscal autonomy for the general operations of the School District of Aiken County, provided that a comparative analysis of the budget of the School District of Aiken County must be published in a newspaper of general circulation in the district not later than ten days prior to its presentation to the Aiken County Board of Education.

SECTION   4.   Act 268 of 1989 and Act 579 of 1994 are repealed.

SECTION   5.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

By a vote of 1-2, the amendment was not adopted.


Printed Page 2426 . . . . . Thursday, May 13, 1999

Recorded Vote

Senator MOORE desired to be recorded as voting in favor of the adoption of the amendment.

Recorded Vote

Senators RYBERG and SETZLER desired to be recorded as voting against the adoption of the amendment.

Amendment No. 2

Senators MOORE, RYBERG and SETZLER proposed the following amendment (3777R006.TLM), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof:

/   TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY, TO DEVOLVE UPON THE AIKEN COUNTY SCHOOL BOARD OF EDUCATION THE AUTHORITY, SUBJECT TO CERTAIN LIMITATIONS, TO PROVIDE FOR AN ADJUSTMENT IN THE TAX MILLAGE LEVIED FOR THE GENERAL OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Notwithstanding any other provision of law, a tax millage of up to 94 mills is authorized to be levied for the operations of the school district of Aiken County as determined by the governing board of the district. Beginning with the year 1999, and each year thereafter, the district may increase the millage by no more than nine

mills above the millage levied in the preceding year.

SECTION   2.   Act 268 of 1989 and Act 579 of 1994 are repealed.

SECTION   3.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.


Printed Page 2427 . . . . . Thursday, May 13, 1999

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

THIRD READING BILL

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 450 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-13-1180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS REGARDING TROTLINES, SO AS TO REQUIRE THAT TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE MUST, IN ADDITION TO OTHER REQUIREMENTS, BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH LONG CYLINDER WITH A ONE-HALF INCH INSIDE DIAMETER, AND TO AMEND SECTION 50-13-1192, RELATING TO NONGAME FISHING DEVICES, SO AS TO RESTRICT FROM TWO TO ONE THOUSAND THE NUMBER OF TROTLINE HOOKS THAT MAY BE USED WITH A COMMERCIAL FISHING LICENSE AND TO REQUIRE THAT THESE HOOKS BE CAPABLE OF BEING PASSED THROUGH A THREE-INCH CYLINDER WITH AN INSIDE DIAMETER OF ONE-HALF INCH.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3581 (Word version) -- Reps. Cato, Cobb-Hunter, Gamble, Jennings and Scott: A BILL TO AMEND SECTION 34-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY FOR CERTAIN STATE FINANCIAL INSTITUTIONS TO ENGAGE IN SPECIFIED FINANCIAL ACTIVITY, SO AS TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MAY PERMIT A FINANCIAL ACTIVITY BY ISSUING AN OPERATIONAL INSTRUCTION IN ADDITION TO GRANTING AUTHORITY BY REGULATION, AND TO MAKE TECHNICAL CHANGES.


Printed Page 2428 . . . . . Thursday, May 13, 1999

H. 3337 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 1-23-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE LAW JUDGE WHO EXERCISES THE POWERS AND FUNCTIONS OF THE CHIEF ADMINISTRATIVE LAW JUDGE IN THE EVENT THERE IS A VACANCY IN THAT OFFICE, SO AS TO PROVIDE THAT THE POWERS AND FUNCTIONS ARE EXERCISED BY THE MOST SENIOR ADMINISTRATIVE LAW JUDGE INSTEAD OF THE JUDGE ELECTED TO SEAT 2.

H. 3035 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT A MUNICIPAL JUDGE MAY IMPOSE SO AS TO PROVIDE THAT THE JUDGE MAY ORDER RESTITUTION NOT TO EXCEED FIVE THOUSAND DOLLARS IN ADDITION TO CRIMINAL PENALTIES; TO AMEND SECTION 22-3-550, AS AMENDED, RELATING TO A MAGISTRATE'S CRIMINAL JURISDICTION SO AS TO PROVIDE THE MAGISTRATE MAY ORDER RESTITUTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.

H. 3118 (Word version) -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: A BILL TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF


Printed Page 2429 . . . . . Thursday, May 13, 1999

RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.

Senator COURSON spoke on the Bill.


Printed Page 2430 . . . . . Thursday, May 13, 1999

Objection

Senator COURSON asked unanimous consent to make a motion that the Bill be given a third reading on Friday, May 14, 1999.

Senator McCONNELL objected.

H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.

H. 3888 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE


Printed Page 2431 . . . . . Thursday, May 13, 1999

THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION


Printed Page 2432 . . . . . Thursday, May 13, 1999

27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.

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

The Committee on Judiciary proposed the following amendment (JUD3535.003), which was adopted:

Amend the bill, as and if amended, as and if amended, page 2, beginning on line 11, in Section 27-31-20, as contained in SECTION 1, by striking lines 11 through 37 in their entirety and inserting therein the following:

/   (f)   'General common elements' means and includes:

(1)   The land whether leased or in fee simple and whether or not submerged on which the apartment or building stands; provided, however, that submerged land developed or used under this chapter is subject to any law enacted relating to the leasing of submerged lands by the State for the benefit of the public;

(2)   The foundations, main walls, roofs, halls, lobbies, stairways, moorages, walkway docks, and entrance and exit or communication ways in existence or to be constructed or installed;

(3)   The basements, flat roofs, yards, and gardens, in existence or to be constructed or installed, except as otherwise provided or stipulated;

(4)   The premises for the lodging of janitors or persons in charge of the property, in existence or to be constructed or installed, except as otherwise provided or stipulated;

(5)   The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water


Printed Page 2433 . . . . . Thursday, May 13, 1999

tanks and pumps, and the like, in existence or to be constructed or installed;

(6)   The elevators, garbage incinerators and, in general, all devices or installations existing or to be constructed or installed for common use;

(7)   All other elements of the property, in existence or to be constructed or installed, rationally of common use or necessary to its existence, upkeep, and safety;

(k)   'Property' means and includes (1) the land whether leasehold or in fee simple and whether or not submerged, (2) the building, all improvements, and structures on the land, in existence or to be constructed, and (3) all easements, rights, and appurtenances belonging thereto;". /

Amend the bill further, as and if amended, page 3, line 7, in Section 27-31-30, as contained in SECTION 2, by striking line 7 in its entirety and inserting therein the following:

/ structures on the property if all proceeds from its sale are escrowed by a title insurance company doing business within South Carolina until construction or completion of the proposed property as evidenced by issuance of a certificate of occupancy from the appropriate municipal or county authority." /

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.


Printed Page 2434 . . . . . Thursday, May 13, 1999

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

The Committee on Judiciary proposed the following amendment (JUD3640.002), which was adopted:

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

/ SECTION   1.   Section 17-1-40 of the 1976 Code is amended to read:

"Section 17-1-40.   Any If a person who after being is charged with a criminal an offense and such the charge is discharged or proceedings against such person dismissed, or if the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency upon notification to the law enforcement agency by a magistrate, municipal judge, or clerk of court. No evidence of the record pertaining to the charge shall be retained by a municipal, county, or state law enforcement agency, or a clerk of court. A court order shall not be required to destroy the arrest and booking record, files, mug shots, and fingerprints of the person."

SECTION   2.   Section 20-7-8520 of the 1976 Code, as enacted by Act 383 of 1996, is amended by adding:

"(E)   If a petition is filed against a juvenile for an offense and the petition is discharged or dismissed, or if the juvenile is not adjudicated delinquent, all records including mug shots and fingerprints maintained by law enforcement pursuant to Section 20-7-8510 must be destroyed upon notification to the law enforcement agency by the clerk of court. A court order shall not be required to destroy these records."

SECTION   3.   This act takes effect upon approval by the Governor and applies retroactively and prospectively. /

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.


Printed Page 2435 . . . . . Thursday, May 13, 1999

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.

SECOND READING BILLS

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

H. 3907 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO HOSPITALITY CABINETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3956 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO THE STATE DNA DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 814 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED, AND TO CORRECT A REFERENCE TO THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY.

S. 814--Ordered to a Third Reading

On motion of Senator HAYES, with unanimous consent, S. 814 was ordered to receive a third reading on Friday, May 14, 1999.

AMENDED, READ THE SECOND TIME

S. 297 (Word version) -- Senators Wilson, Elliott and Ryberg: A BILL TO AMEND SECTION 61-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN CONTAINERS IN A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON MAY


Printed Page 2436 . . . . . Thursday, May 13, 1999

POSSESS AN OPEN CONTAINER IN CERTAIN PORTIONS OF A MOVING LIMOUSINE OR CHARTERED BUS.

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

The Committee on Judiciary proposed the following amendment (JUD0297.001), which was adopted:

Amend the bill, as and if amended, page 1, line 30, in Section 61-4-110, as contained in SECTION 1, after the word   /passenger/ by inserting / twenty-one years of age or older /.

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

Recorded Vote

Senator FAIR desired to be recorded as voting against the second reading of the Bill.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3301 (Word version) -- Reps. Beck, Mason, Hamilton and Easterday: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT; TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY; TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE; AND TO PROVIDE


Printed Page 2437 . . . . . Thursday, May 13, 1999

THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.

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

The Committee on Judiciary proposed the following amendment (JUD3301.001), which was adopted:

Amend the bill, as and if amended, page 2, line 17, in Section 20-7-\1800(B), as contained in SECTION 1, by striking line 17 in its entirety and inserting therein the following:

/ appeals from the court in other family court matters. In addition, this section may not be construed to preclude a court's inherent authority to grant collateral relief from a judgment on the ground of extrinsic fraud. For purposes of this subsection, 'extrinsic fraud' is fraud that induces a person not to present a case or deprives a person of the opportunity to be heard. However, a court is under no obligation to grant a person relief from a judgment based upon extrinsic fraud if the person might have prevented the judgment by the exercise of proper diligence." /

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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

OBJECTION

H. 3386 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".


Printed Page 2438 . . . . . Thursday, May 13, 1999

Senators PASSAILAIGUE, BRYAN, J. VERNE SMITH and McCONNELL spoke on the Resolution.

Senator J. VERNE SMITH objected to further consideration of the Resolution.

OBJECTION

H. 3782 (Word version) -- Reps. Campsen, Barfield, Barrett, Beck, Bowers, Cato, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Klauber, Koon, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Maddox, M. McLeod, W. McLeod, Meacham, Miller, Neal, Quinn, Rice, Robinson, Sandifer, Sheheen, Simrill, D. Smith, J. Smith, Stille, Stuart, Taylor, Vaughn, Whatley, Whipper and Woodrum: A BILL TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH


Printed Page 2439 . . . . . Thursday, May 13, 1999

CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.

Senator LEVENTIS explained the Resolution.

Senator MOORE objected to further consideration of the Resolution.

CARRIED OVER

The following Bills and Concurrent Resolution were carried over:

H. 3111 (Word version) -- Reps. Littlejohn and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.

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

H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.


Printed Page 2440 . . . . . Thursday, May 13, 1999

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

H. 3762 (Word version) -- Reps. Gamble and McCraw: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THURSDAY, JUNE 17, 1999, AND FRIDAY, JUNE 18, 1999.

On motion of Senator MOORE, with unanimous consent, the Resolution was carried over.

EXECUTIVE SESSION

On motion of Senator LAND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having been reported favorably from Executive Session, on motion of Senator LAND, with unanimous consent, the following appointments were confirmed:

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006:

6th Congressional District:

J. Calhoun Land, IV, Post Office Box 138, Manning, S.C. 29102 VICE Henry B. Rickenbaker

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006:

1st Congressional District:

Alec B. McLeod, Jr., 21 Waterway, Isle of Palms, S.C. 29451 VICE Juanita W. Brown

Statement by Senator RYBERG

Senator RYBERG wished the Journal to reflect that he was present and not voting on the confirmation of the appointment of Mr. McLeod.


Printed Page 2441 . . . . . Thursday, May 13, 1999

Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1999, and to expire June 30, 2002:

2nd Congressional District:

Florence L. Rosse, 58 South Sea Pines Drive, Hilton Head Island, S.C. 29928 VICE JoAnne B. Whitehead

MOTION ADOPTED

On motion of Senator COURTNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Edna R. Martin (Mrs. Robert R. "Bob" Martin) of Spartanburg, S.C.

Time Fixed

Senator MOORE moved that, when the Senate adjourns on Friday, May 14, 1999, it stand adjourned to meet next Tuesday, May 18, 1999, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:53 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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