Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 2280, May 3 | Printed Page 2300, May 3 |
Printed Page 2290 . . . . . Wednesday, May 3, 1995
Senator STILWELL spoke on the amendment.

Senator LEVENTIS moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Ayes 27; Nays 14

AYES

Alexander         Bryan            Courtney

Drummond          Giese            Gregory

Holland           Land             Lander

Leatherman        Martin           Matthews

McGill            Mescher          Moore

O'Dell            Patterson        Rankin

Reese             Ryberg           Saleeby

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams

TOTAL--27

NAYS

Cork              Courson          Jackson

Leventis          McConnell        Passailaigue

Peeler            Richter          Rose

Russell           Setzler          Short

Smith, G.         Wilson

TOTAL--14

The amendment was laid on the table.

Amendment No. 88

Senators DRUMMOND and SETZLER proposed the following Amendment No. 88 (001.REM), which was adopted:

Amend the bill, as and if amended, Part II, Section 83, page 592, line 14, by striking: /of the Budget and Control Board./

and inserting: /available from the Educational Assistance Endowment Fund./

Amend the bill further, as and if amended, Part II, Section 83, Page 593, Line 37 by striking /The State Budget and Control Board/

Printed Page 2291 . . . . . Wednesday, May 3, 1995
and inserting: /The Authority/.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 24

Senator PASSAILAIGUE proposed the following Amendment No. 24 (BBM\10236JM.95), which was tabled:

Amend the bill, as and if amended, Part II, SECTION 83, page 592, by adding at the end of Section 59-144-60, at line 15:

/Notwithstanding the provisions of this section or any other provision of this chapter, no project to be funded from the Educational Assistance Endowment Fund, applying the criteria established in this chapter, shall be undertaken or implemented until the General Assembly has approved the project; for this purpose, the Facilities Project Committee shall recommend such projects to the General Assembly at the same time that the committee makes its recommendations to the State Board of Education, and the State Board of Education shall seek and obtain the approval of the General Assembly, by joint resolution of the General Assembly, for any such project before undertaking or implementing such project./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator SETZLER argued contra.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator SETZLER moved to lay the amendment on the table.

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

Ayes 28; Nays 16

AYES

Bryan             Courtney         Drummond

Elliott           Giese            Holland

Jackson           Land             Lander

Leatherman        Leventis         Martin

Matthews          McGill           Moore

O'Dell            Patterson        Rankin

Ryberg            Saleeby          Setzler





Printed Page 2292 . . . . . Wednesday, May 3,
1995



Short             Smith, G.Smith, J.V.

Thomas            Waldrep          Williams

Wilson

TOTAL--28

NAYS

Alexander         Cork             Courson

Ford              Glover           Gregory

McConnell         Mescher          Passailaigue

Peeler            Reese            Richter

Rose              Russell          Stilwell

Washington

TOTAL--16

The amendment was laid on the table.

Amendment No. 45

Senators GREG SMITH and RANKIN proposed the following Amendment No. 45 (3362R106.GS), which was adopted:

Amend the bill, as and if amended, Part II, Section 85, page 600, line 41, by striking on line 41:

/Four Five Judges/ and inserting: /Four Judges/.

Amend the bill further, as and if amended, Part II, Section 85, page 601, line 10, by striking on line 10:

/Two Judges/ and inserting: /Three Judges/.

Amend sections, totals and title to conform.

Senator GREG SMITH argued in favor of the adoption of the amendment.

Senator GREG SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 2

Senator PASSAILAIGUE proposed the following Amendment No. 2 (JIC\5895HTC.95), which was adopted:

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

Printed Page 2293 . . . . . Wednesday, May 3, 1995
/SECTION ___

TO AMEND SECTIONS 12-51-40, AS AMENDED, AND 12-51-120, OF THE 1976 CODE, RELATING TO EXECUTIONS FOR DELINQUENT PROPERTY TAXES AND THE NOTICE REQUIRED TO THE PROPERTY OWNER OF RECORD IMMEDIATELY PRECEDING THE END OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR THE METHOD OF MAILING THE NOTICES REQUIRED UNDER THESE SECTIONS.

A. Section 12-51-40(b) of the 1976 Code is amended to read:

"(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the defaulting taxpayer's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs may be taken. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the defaulting taxpayer at the address shown on the tax receipt or to a more correct address known to the officer, by `certified mail, return receipt requested-deliver to addressee only restricted delivery'. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to a more correct address known to the officer. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid on or before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the `certified mail' notice is equivalent to `levying by distress'."

B. Section 12-51-120 of the 1976 Code is amended to read:

"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by `certified mail, return receipt requested-deliver to addressee only restricted delivery' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and eight percent interest on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)

(date) -----,

Printed Page 2294 . . . . . Wednesday, May 3, 1995
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail `undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."/

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 7

Senator J. VERNE SMITH proposed the following Amendment No. 7 (JIC\5891HTC.95), which was adopted:

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

/SECTION ___

TO AMEND SECTION 1-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE FOR INSURANCE COVERAGE THROUGH THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO EXTEND THE ELIGIBILITY FOR COVERAGE ALLOWED GOVERNMENTAL AND ELEEMOSYNARY HOSPITALS TO SUBSIDIARIES OR OTHER ENTITIES AFFILIATED WITH THESE HOSPITALS.

Section 1-11-140(D) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:

"(D) The State Budget and Control Board, through the Office of Insurance Services, also is authorized to offer insurance to governmental hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established; and chartered, nonprofit, eleemosynary hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established in this State so as to protect these hospitals against tort liability. Notwithstanding any other provision of this section, the procurement of tort liability insurance by a hospital and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established supported wholly or partially by public funds contributed by the State or any of its political subdivisions in the manner herein provided is not the exclusive means by which the hospital may procure tort liability insurance."/

Amend sections, totals and title to conform.

Printed Page 2295 . . . . . Wednesday, May 3, 1995
Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 22

Senator GIESE proposed the following Amendment No. 22 (BR1\18458AC.95), which was adopted:

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

/SECTION ___

TO AMEND SECTION 40-43-230, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSURE OF PHARMACISTS, SO AS TO SET THE FEE FOR LICENSURE RENEWAL AT SEVENTY DOLLARS.

A. Section 40-43-230 (B) and (C) of the 1976 Code, as last amended by Act 499 of 1990, is further amended to read:

"(B) The board may, upon application and payment of the applicable renewal fee of seventy dollars, may issue an inactive status license to a licensed pharmacist who is not actively engaged in the practice of pharmacy in this State, pursuant to this chapter. The pharmacist's license renewal certificate must be prominently marked as an inactive license, and the holder may not practice pharmacy under any conditions in this State. If the pharmacist wishes to reactivate the license, he shall complete the required continuing education for license renewal, plus an additional fifteen hours which must have been obtained during the calendar year immediately preceding the reactivation.

(C) Failure to renew a license by the required date, but before February first, results in the assessment of a fifty dollar penalty in addition to the seventy dollar renewal fee. After February first, a license which has not been renewed is considered a lapsed license. Any A person who practices pharmacy with a license that has lapsed is considered as practicing without a license. Reinstatement of a lapsed license may be granted upon (1) evidence satisfactory to the board of good and sufficient grounds for the failure to renew the license within the prescribed period and (2) payment of the seventy dollar renewal fee and a penalty of fifty dollars."

B. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator GIESE explained the amendment.

Printed Page 2296 . . . . . Wednesday, May 3, 1995
Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 50

Senator WALDREP proposed the following Amendment No. 50 (JIC\5845HTC.95), which was adopted:

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

/SECTION ___

TO AMEND SECTION 12-10-40 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF ENTERPRISE ZONES FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO MAKE ELIGIBLE FOR THE DESIGNATION A RESEARCH PARK OPERATED BY THE SOUTH CAROLINA RESEARCH AUTHORITY.

Section 12-10-40 of the 1976 Code, as added by Act 32 of 1995, is amended to read:

"Section 12-10-40. Annually, by December thirty-first, using the most current data available, the State Budget and Control Board shall designate the enterprise zones within this State as provided in this section. Each enterprise zone must be located in this State and meet one of the following criteria:

(1) consist of a census tract in which either the median household income is eighty percent or less of the state average, or at least twenty percent of households are below the poverty level according to the most recent United States census;

(2) consist of a county classified as less developed pursuant to Section 12-7-1220;

(3) be located in a federal military base or installation which was closed, or designated to be closed, or in a federal facility in which the permanent employment was reduced by three thousand or more jobs after December 31, 1990;

(4) consist of a census tract with at least one hundred manufacturing jobs, at least fifty percent of which are textile and apparel jobs;

(5) consist of a census tract where a manufacturing facility has closed or experienced permanent layoffs and notified the Employment Security Commission under the federal Worker Adjustment and Retaining Notification (WARN) Act of 1988. The enterprise zone designation applies only for five years after the date of closure or layoff, and the number of jobs permanently lost must equal twenty-five percent or more of the total manufacturing workforce in the tract at the time the layoff

Printed Page 2297 . . . . . Wednesday, May 3, 1995
occurred. The job loss shall have occurred no more than five years prior to the effective date of this chapter, except in any census tract where a catastrophic loss of one thousand or more jobs from a single employer has occurred since 1980 and fewer than half the job losses have been replaced. Any such tract will remain an enterprise zone until at least half the catastrophic job losses have been replaced. Where a municipality in which the catastrophic job loss occurred is split by census tracts, each tract containing any part of the municipality meets the catastrophic job loss criteria;

(6) consist of a census tract, any part of which is within twenty miles of a federal facility that has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for ten years after the effective date of this chapter; or

(7) consist of a census tract in which a penal institution operated by the South Carolina Department of Corrections has closed.; or

(8) consist of a research park established pursuant to Section 13-17-30 while the park is operated or controlled by the South Carolina Research Authority."/

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 54

Senators MATTHEWS and WASHINGTON proposed the following Amendment No. 54 (BBM\10241AC.95), which was adopted:

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

/ SECTION ___

TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO CAP THE AMOUNT OF THE FUND AT THREE HUNDRED THOUSAND DOLLARS WITH ALL SUBSEQUENT FEES TO BE RETURNED TO HAMPTON COUNTY.

A. Section 44-93-170 of the 1976 Code, as last amended by Part II, Section 30, Act 497 of 1994, is further amended to read:

"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and

Printed Page 2298 . . . . . Wednesday, May 3, 1995
necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected Hampton County. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of three hundred thousand dollars, all subsequent fees to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed into a the separate and distinct account within the fund for counties as provided in this section Hampton County. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."

B. This section takes effect July 1, 1995. /

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 94

Senator SETZLER proposed the following Amendment No. 94 (PT\1952SD.95), which was adopted:

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

/SECTION

TO AMEND SECTIONS 6-25-35 AND 6-25-100 OF THE 1976 CODE, RELATING TO THE EXTENSION OF CERTAIN PROVISIONS PERTAINING TO WATER, AND THE POWERS OF A JOINT
Printed Page 2299 . . . . . Wednesday, May 3, 1995
MUNICIPAL WATER SYSTEM, SO AS TO FURTHER PROVIDE FOR THE POWERS OF A JOINT MUNICIPAL WATER SYSTEM WITH RESPECT TO PROJECTS AND UNDERTAKINGS OTHER THAN WATER PERMITTED BY LAW, AND TO CLARIFY THE CONDITIONS UNDER WHICH A JOINT MUNICIPAL WATER SYSTEM MAY INCUR DEBT.

A. Section 6-25-35 of the 1976 Code is amended to read:

"Section 6-25-35. Any reference to project purposes in this chapter pertaining specifically to water shall include the purposes as provided in item (c) of Sections 6-25-20 and 6-25-25 and any power or authority provided for in this chapter to a joint system or any of its members may be exercised with respect to any of the purposes or projects."

B. Section 6-25-100(n) of the 1976 Code is amended to read:

"(n) To borrow money and issue bonds or notes of the joint system to be paid solely from revenues of the system. No bonds or notes shall be issued except with the approval of the governing body of each member, by resolution or ordinance of the governing body of each member; provided, however, that the requirements of this item will be satisfied and no further action is required with respect to any bonds or notes issued to a finance project which has been approved by the governing bodies of each member as provided in Section 6-25-110; and provided further that the approval of any notes or bonds under this chapter shall include any issuance in one or more series and any refunding or refinancing of them so that only the original issuance of the debt must be approved."/

Renumber sections to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 100A

Senators WILSON and LANDER proposed the following Amendment No. 100A (BBM\10271JM.95), which was adopted:

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

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 58-1-65 SO AS TO PROVIDE THAT THERE IS NO LIABILITY ON THE PART OF AND NO CAUSE OF ACTION AGAINST, OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY
Printed Page 2300 . . . . . Wednesday, May 3, 1995
REGULATED HYDROELECTRIC PROJECTS FOR ACTS, EVENTS, OCCURRENCES, OR FUTURE CONSEQUENCES OF ANY TREATMENT BY THE DEPARTMENT OF NATURAL RESOURCES, ITS AGENTS OR INDEPENDENT CONTRACTORS, IN PROVIDING FOR THE MANAGEMENT OF AQUATIC WEEDS, AND TO PROVIDE THAT THE IMMUNITY FOR OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY REGULATED HYDROELECTRIC PROJECTS ALSO EXTENDS TO ANY LIABILITY ARISING AS A RESULT OF ACTIONS BY INDIVIDUALS WHO WITHOUT PERMISSION FROM THE OWNER AND OPERATOR TREAT, SPRAY, OR IN ANY FASHION ATTEMPT TO MANAGE AQUATIC WEEDS IN THE IMPOUNDMENT.

The 1976 Code is amended by adding:

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