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 3090 . . . . . Tuesday, May 23, 1995

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

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 800 -- Senator Wilson: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.

Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.


Printed Page 3091 . . . . . Tuesday, May 23, 1995

RECALLED

S. 827 -- Senator Waldrep: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF HIGHWAY 76 AND INTERSTATE 85 IN ANDERSON COUNTY AS "CHARLANTA".

Senator WALDREP asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

On motion of Senator WALDREP, with unanimous consent, the Resolution was ordered placed on the local Calendar.

RECALLED FROM LEGISLATIVE COUNCIL

THIRD READING RECONSIDERED

COMMITTEE AMENDMENT ADOPTED

READ THE THIRD TIME, RETURNED TO THE HOUSE

WITH AMENDMENTS

H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Legislative Council.

There was no objection.

A message was sent to the Legislative Council accordingly.

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

The Fish, Game & Forestry Committee proposed the following amendment (PFM\7465BDW.95), which was adopted:

Amend the bill, as and if amended, by striking Section 50-11-120(A)(1)(a), page 1, beginning on line 27, Section 50-11-120(A)(2)(a), page 2, beginning on line 3, Section 50-11-120(A)(3)(a), page 2, beginning on line 21, Section 50-11-120(A)(4)(a), page 2, beginning on line 39, Section 50-11-120(A)(5)(a), page 3, beginning on line 14, Section


Printed Page 3092 . . . . . Tuesday, May 23, 1995

50-11-120(A)(6)(a), page 3, beginning on line 32, Section 50-11-120(A)(7)(a), page 4, beginning on line 9, Section 50-11-120(A)(8)(a), page 4, beginning on line 30, Section 50-11-120(A)(9)(a), page 5, beginning on line 5, Section 50-11-120(A)(10)(a), page 5, beginning on line 31, and Section 50-11-120(A)(11)(a), page 6, beginning on line 9, and inserting:

/(a) rabbit: September first March second through the day before Thanksgiving Day without weapons and with dogs only, day and night; Thanksgiving Day through March first with weapons and dogs, day only;/

Amend title to conform.

Senator HOLLAND explained the amendment.

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

RECALLED

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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


Printed Page 3093 . . . . . Tuesday, May 23, 1995

RECALLED

H. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

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

There was no objection.

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

RECALLED

H. 4188 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760; AND TO PROVIDE FOR A REVIEW OF THESE THRESHOLD AMOUNTS EVERY THREE YEARS.

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

There was no objection.

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


Printed Page 3094 . . . . . Tuesday, May 23, 1995

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 860 -- Senator Hayes: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO REVISE THE OFFENSES WHOSE RECORDS MAY BE EXPUNGED AND TO ALLOW THE EXPUNGEMENT OF RECORDS OF CERTAIN CRIMINAL OFFENSES HEARD IN THE CIRCUIT COURT.

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

S. 861 -- Senator Hayes: A BILL TO AMEND SECTION 57-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSTRUCTION OF ROADS BY RAILROAD CARS AND OTHER OBSTACLES AND TO PENALTIES, AND SECTION 58-17-4080, RELATING TO PENALTY AND DAMAGES FOR OBSTRUCTION OF HIGHWAY BY RAILROAD CAR, LOCOMOTIVE, OR OTHER OBJECT, SO AS TO INCREASE THE PENALTY FOR THIS ACTIVITY.

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

H. 4226 -- Reps. Stuart, Cobb-Hunter, Sharpe, Felder and Govan: A BILL TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

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

REPORT OF STANDING COMMITTEE

Senator WILSON from the General Committee submitted a favorable with amendment report on:

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417


Printed Page 3095 . . . . . Tuesday, May 23, 1995

SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

Report from the Chairman, Senate Finance Committee

Senator DRUMMOND, with unanimous consent, was granted leave to address the body regarding the work of the Committee of Conference on H. 3362 (The General Appropriation Bill).

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS,


Printed Page 3096 . . . . . Tuesday, May 23, 1995

SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.

HOUSE BILL RETURNED

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

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

DEBATE ADJOURNED

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE


Printed Page 3097 . . . . . Tuesday, May 23, 1995

REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

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

Senator LAND moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

AMENDMENT TABLED, READ THE THIRD TIME

SENT TO THE HOUSE

S. 757 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS ON AN ELEVATOR ON WHICH HE OR HIS EMPLOYER HAS A CURRENT SERVICE OR WARRANTY CONTRACT.

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

Senator LEVENTIS proposed the following amendment (PT\2025DW.95), which was tabled:

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:

/ SECTION . Section 41-16-20(15) of the 1976 Code is amended to read:

"(15) "Special inspector" means an inspector licensed by the commissioner and not employed by the department. (Vacant)"

SECTION . Section 41-16-40 1. h. of the 1976 Code, as last amended by Act 102 of 1993, is further amended to read:

"h. Qualifications for obtaining a special inspector's license, revocation of a special inspector's license, disqualification of special inspectors, and ethics of special inspectors. (Vacant)"

SECTION . Sections 4-16-70 4. and 5. of the 1976 Code are amended to read:

"4. The inspections required by items 1 to 3 of this section must be made only by inspectors or special inspectors. An inspection by a special inspector may be accepted by the commissioner in lieu of a required inspection by an inspector.


Printed Page 3098 . . . . . Tuesday, May 23, 1995

5. A report of every inspection must be filed with the commissioner by the inspector or special inspector, on a form approved by and containing all information required by the commissioner, after the inspection has been completed and within the time provided by regulation, but not to exceed thirty days. The report shall include all information required by the commissioner to determine whether the owner of the facility has complied with applicable regulations. For the inspection required by item 1, the report shall indicate whether the facility has been installed in accordance with the detailed plans and specifications approved by the commissioner and meets the requirements of the applicable regulations."

SECTION . Section 41-16-160 of the 1976 Code is amended to read:

"Section 41-16-160. No political subdivision may make or maintain any ordinance, bylaw, or resolution providing for the licensing of special inspectors. Any ordinance, bylaw, or resolution relating to the inspection, construction, installation, alteration, maintenance, or operation of facilities within the limits of the political subdivision, which conflicts with this chapter or with regulations promulgated by the commissioner, is void. The commissioner, in his discretion, may accept inspections by local authorities in lieu of inspections required by Section 41-16-70, but only upon a showing by the local authority that applicable laws and regulations will be consistently and literally enforced and that inspections will be performed by special inspectors." /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

The Bill was read the third time and ordered sent to the House of Representatives.

THIRD READING RECONSIDERED

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO


Printed Page 3099 . . . . . Tuesday, May 23, 1995

CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill and ordered the Bill enrolled for Ratification.

There was no objection.

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

Senator J. VERNE SMITH proposed the following amendment (PFM\7523BDW.95), which was adopted:

Amend the bill, as and if amended, by striking Section 12-28-2720, page 58, beginning on line 12, and inserting:

/Section 12-28-2720. The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department, and one cent a gallon must be deposited to the credit of the general fund of the State./


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