South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

THURSDAY, MARCH 7, 1996

Thursday, March 7, 1996
(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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of Jesus in John's Gospel, Chapter 13 (vv.16-17) (NRSV):

"Very truly, I tell you, servants are not

greater than their master, nor are messen-

gers greater than the one who sent them.

If you know these things, you are blessed

if you do them."
Let us pray.

We thank You, Lord, for the revelation that happiness and peace of mind come not from knowledge alone, but from putting knowledge into action... sometimes called "obedience."

Grant, O Lord, that we do not let our knowledge and experience of the truth lie, as Coleridge once said,

"Bed-ridden in the dormitory of the soul,

Side by side with the most despised

and exploded errors."

So, may we this day be doers of Your will... and let us pick up the happiness that we find along this path, through Christ our Lord.

Amen.

Point of Quorum

Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

The Senate resumed.

Call of the Senate

Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Fair                      Ford
Giese                     Glover                    Gregory
Hayes                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Richter                   Rose
Ryberg                    Setzler                   Short
Smith, G.                 Smith, J.V.               Thomas
Waldrep                   Washington                Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators RUSSELL, ELLIOTT, REESE and HOLLAND recorded their presence subsequent to the Call of the Senate.

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

VETO OVERRIDDEN

(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 6, 1996
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 804, R. 259, an Act:

TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

This veto is based upon my belief that S. 804, R. 259 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 804, R. 259 of 1996.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator ROSE moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 44; Nays 0

AYES

Alexander                 Boan                      Bryan
Cork                      Courson                   Courtney
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Jackson                   Land                      Lander
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Mescher                   Moore                     O'Dell
Passailaigue              Patterson                 Peeler
Reese                     Richter                   Rose
Russell                   Ryberg                    Saleeby
Setzler                   Short                     Smith, G.
Smith, J.V.               Thomas                    Waldrep
Washington                Wilson                    

TOTAL--44

NAYS

TOTAL--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator GIESE introduced Dr. Annette Lynn of Columbia, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1232 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 7-5-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WRITTEN APPLICATION FOR REGISTRATION TO VOTE, SO AS TO MAKE A PERSON'S SOCIAL SECURITY NUMBER NOT OPEN TO PUBLIC INSPECTION, PROVIDE THAT AN ELECTION OFFICIAL MAY NOT DISQUALIFY A PROSPECTIVE VOTER FOR FAILURE TO PROVIDE HIS SOCIAL SECURITY NUMBER ON THE APPLICATION, AND PROVIDE A PROCEDURE FOR PROCESSING THE APPLICATION OF A PERSON WHO OBJECTS TO PROVIDING HIS SOCIAL SECURITY NUMBER.

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

S. 1233 -- Senator Ford: A BILL TO AMEND SECTION 2-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS OF CANDIDATES FOR THE HOUSE OF REPRESENTATIVES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; AND TO ADD SECTION 2-1-62, SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE AND HOUSE OF REPRESENTATIVES.

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

S. 1234 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO AUTHORIZE THE FAMILY COURT TO ISSUE ORDERS CONCERNING THE GUARDIANSHIP OF MINORS; SECTION 62-1-302, RELATING TO THE SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO CLARIFY THAT THE FAMILY COURT HAS JURISDICTION TO DETERMINE ISSUES OF GUARDIANSHIP; SECTION 62-5-201, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION TO DETERMINE THE GUARDIANSHIP OF MINORS; AND TO REPEAL TITLE 21, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS.

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

S. 1235 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FAMILY COURT'S EXCLUSIVE JURISDICTION, SO AS TO ALLOW EXPUNGEMENT OF A MINOR'S RECORD PURSUANT TO SECTIONS 20-7-1335, 17-1-40, 17-22-150, 34-11-90, AND 44-53-450.

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

S. 1236 -- Senators McConnell and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-287 SO AS TO PROVIDE A PROCEDURE FOR A FREEHOLDER OWNING PROPERTY IN A MUNICIPALITY TO PETITION ANY MUNICIPALITY TO ANNEX THAT PROPERTY IF IT IS CONTIGUOUS AND PROVIDE FOR THE ASSUMPTION OF DEBT BY THE RECEIVING MUNICIPALITY.

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

S. 1237 -- Senators Land and McGill: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

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

S. 1238 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT CERTAIN LICENSE PLATES FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES.

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

S. 1239 -- Senators Thomas, J. Verne Smith, Bryan, Fair and Boan: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO REDUCE THE AREA TO ONLY INCLUDE SPARTANBURG COUNTY WITHIN THE ENVIRONS AREA, TO CHANGE THE NAME OF THE ENVIRONS PLANNING COMMISSION, AND DELETE FROM THE MEMBERSHIP OF THE COMMISSION MEMBERS REPRESENTING GREENVILLE COUNTY AND THE CITY OF MAULDIN.

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

S. 1240 -- Senators Moore, Ryberg and Setzler: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. SAM WOODRING OF NORTH AUGUSTA UPON THEIR RECEIPT OF THE AIKEN COUNTY OUTSTANDING OLDER AMERICAN AWARD.

The Senate Resolution was adopted.

S. 1241 -- Senator Passailaigue: A BILL TO AMEND SECTION 37-5-111, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CURE OF DEFAULT, SO AS TO PROVIDE PROCEDURES FOR CREDITORS TO FOLLOW WHEN REPOSSESSING GOODS THAT ARE SUBJECT TO AN INSTALLMENT CONTRACT UPON DEFAULT BY THE CONSUMER.

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

S. 1242 -- Senator McConnell: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.

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

H. 4713 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING THE LEE COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, ON ITS TENTH ANNIVERSARY OF SERVICE TO SOUTH CAROLINA, AND RECOGNIZING THE ACCOMPLISHMENTS OF DR. DOROTHY IRENE HEIGHT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED.

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

REPORT OF STANDING COMMITTEE

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

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1230 -- Senators O'Dell and Bryan: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND FORMER COLLEAGUE, THE HONORABLE MILFORD "DOLLY" COOPER, FOR HIS SERVICE TO THE PEOPLE OF THE PIEDMONT COMMUNITY IN ANDERSON COUNTY AS HE CLOSES THE DOORS OF THE PIEDMONT ECONOMY STORE FIFTY-SEVEN YEARS AFTER HE OPENED IT FOR BUSINESS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1231 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RYAN CROUT, EIGHT-YEARS-OLD OF GILBERT, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.

(By prior motion of Senator MATTHEWS)

S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.

S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LANDER asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

Senator LANDER explained the Resolution.

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:

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

Senator COURTNEY explained the Bill.

S. 1032 -- Senator Bryan: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Senator BRYAN explained the Bill.

AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.

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

Senator BRYAN proposed the following amendment (JUD3300.004), which was adopted:

Amend the committee report, as and if amended, page [3300-3], beginning on line 14, in Section 23-3-430(C)(5), as contained in SECTION 1, by striking lines 14 through 20 in their entirety and inserting therein the following:

/(5)   criminal sexual conduct with minors, second degree (Section 16-3-655(2) and (3)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(2) and (3), the convicted person is not an offender and is not required to register pursuant to the provisions of this article./

Amend title to conform.

Senator BRYAN explained the amendment.

The Judiciary Committee proposed the following amendment (JUD3300.003), which was adopted:

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

/SECTION   1.   Article 7, Chapter 3, Title 23 of the 1976 Code, as added by Act 497 of 1994, is amended to read:

"Article 7
Sex Offender Registry

Section 23-3-400.   The intent of this article is to promote the state's fundamental right to provide for public health, welfare, and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.

The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.

Section 23-3-410.   The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as shall contain information the chief considers appropriate to ensure the availability of information regarding necessary to assist law enforcement in the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, to make information available to every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized personnel persons may gain access to information gathered under this article.

Section 23-3-420.   The State Law Enforcement Division shall promulgate regulations prescribing:

(1)   procedures for accepting and disseminating information maintained;

(2)   the confidentiality of the data and information maintained in the registry;

(3)   the proper disposition of all obsolete data;

(4)   forms necessary for the efficient and proper operation of the registry to implement the provisions of this article.

Section 23-3-430.   (A)   Any person, regardless of age, residing in the State of South Carolina who has been convicted, pled guilty or nolo contendere in this State,of an offense described below or who has been convicted, pled guilty, or nolo contendere in any comparable court in the United States, or who has been convicted, pled guilty or nolo contendere in the United States federal courts, of the offenses described below or, of a similar offenses in other jurisdictions, or who has been convicted of, pled guilty or nolo contendere to an offense for which the person was required to register in the state where the conviction or plea occurred shall be required to register pursuant to the provisions of this Article article.

(B)   For purposes of this article, a person who remains in this State for a total of thirty days during a twelve-month period is a resident of this State.

(C)   For purposes of this article, a person convicted of any of these the following offenses shall be referred to as an offender.:

(1)   criminal sexual conduct in the first degree (Section 16-3-652);

(2)   criminal sexual conduct in the second degree (Section 16-3-653);

(3)   criminal sexual conduct in the third degree (Section 16-3-654);

(4)   criminal sexual conduct with minors, first degree (Section 16-3-655(1));

(5)   criminal sexual conduct with minors, second degree (Section 16-3-655(3)). If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct and the actor was older than the victim, as contained in Section 16-3-655(3), the convicted person is not an offender and is not required to register pursuant to the provisions of this article;

(5)(6)   engaging a child for sexual performance (Section 16-3-810);

(6)(7)   producing, directing, or promoting sexual performance by a child (Section 16-3-820);

(7)(8)   criminal sexual conduct: assaults with intent to commit (Section 16-3-656);

(8)(9)   kidnapping (Section 16-3-910);

(9)(10)   incest (Section 16-15-20);

(10)(11)   buggery (Section 16-15-120);

(11)   indecent exposure (Section 16-15-130);

(12)   committing or attempting lewd act upon child under fourteen (Section 16-15-140);

(13)   eavesdropping or peeping (Section 16-17-470);

(14)   conspiracy to kidnap (Section 16-3-920);

(15)   violations of Article 3, Chapter 15 of Title 16 involving a minor which violations are felonies.

(16)   A person, regardless of age, who has been convicted, pled guilty or nolo contendere in this State, or who has been convicted, pled guilty or nolo contendere in a comparable court in the United States, or who has been convicted, pled guilty or nolo contendere in the United States federal courts of indecent exposure or of a similar offense in other jurisdictions is required to register pursuant to the provisions of this article if the court makes a specific finding on the record that based on the circumstances of the case the convicted person should register as a sex offender.

(D)   Upon conviction, guilty plea or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor.

Section 23-3-440.   (1)   Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.

(2)   The Department of Probation, Parole and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior to expiration of the probation sentence.

(3)   The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.

(4)   The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.

Section 23-3-450.   The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department. The county sheriff shall ensure that all information required by SLED is secured, including the establishment of specific times of the day during which an offender may register. An offender shall not be considered to have registered until all information prescribed by SLED has been obtained.

Section 23-3-460.   Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.

If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.

If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.

If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.

If any Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Department of Probation, and Parole, and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident in this State.

The South Carolina Department of Motor Vehicles Public Safety, Division of Motor Vehicles, shall inform, in writing to, any new resident who applies for a drivers driver's license, a chauffeur's license, vehicle tag, or a state identification card of the obligation of those offenders to register.

Section 23-3-470.   (A)   It is the duty of the offender to contact the sheriff in order to register. The failure of If an offender fails to register as required by this article, is a felony and, upon conviction, the offender he must be: punished as provided in subsection (B).

(1)   fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and

(2)   sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment

(B)(1)   A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.

(2)   A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.

(3)   A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.

Section 23-3-475. (A)   Anyone who knowingly and wilfully gives false information when registering as an offender pursuant to this article must be punished as provided in subsection (B).

(B)(1)   A person convicted for a first offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of ninety days, no part of which shall be suspended nor probation granted.

(2)   A person convicted for a second offense is guilty of a misdemeanor and must be imprisoned for a mandatory period of one year, no part of which shall be suspended nor probation granted.

(3)   A person convicted for a third or subsequent offense is guilty of a felony and must be imprisoned for a mandatory period of five years, three years of which shall not be suspended nor probation granted.

Section 23-3-480.   (A)   An arrest on charges of failure to register, service of an information, or a complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.

(B)   Section 23-3-470 shall not apply to a person convicted of an offense provided in Section 23-3-420 prior to July 1, 1994, and who was released from custody prior to July 1, 1994, unless the person has been served notice of the duty to register by the sheriff of the county in which the person resides. This person shall register within ten days of the notification of the duty to register.

Section 23-3-490.   Information collected for the offender registry is shall not be open to public inspection, upon request to the county sheriff by the public. A sheriff must release information regarding a specific person who is required to register under this article to a member of the public if the request is made in writing, stating the name of the person requesting the information, and the name or address of the person about whom the information is sought. The information must be disclosed only to the person making the request. The sheriff must provide the person making the request with the full name of the offender, any aliases, the date of birth, a current home address, the offense for which the offender was required to register pursuant to Section 23-3-430, and the date, city, and state of conviction. A photocopy of a current photograph must also be provided. For purposes of this article, information on a juvenile adjudicated delinquent in family court for an offense listed in Section 23-3-430 must not be made available to the public. The provisions of this article do not authorize SLED to release information to the public unless a request is made in writing stating the name of the person making the request and the name of the person about whom information is sought. SLED is only authorized to release to the public the name of the county in which the offender is registered. Otherwise, SLED is not authorized to release any information contained in the registry to anyone other than shall be made available only to law enforcement agencies, investigative agencies, and those agencies authorized by the court."

SECTION   2.   If any provision of this act or the application of a provision thereof either to any person or under any circumstances, is held to be invalid, then that determination does not affect provisions or applications of this act which can be given effect without the invalid provision or application. To that end the provisions of this act are severable.

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

Amend title to conform.

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 Bills having been read the second time were ordered placed on the third reading Calendar:

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Senator PASSAILAIGUE explained the Bill.

S. 1016 -- Senator Martin: A BILL TO AMEND SECTION 16-11-620 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

Senator LEATHERMAN explained the Bill.

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.

Senator LAND explained the Bill.

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

AMENDED, READ THE SECOND TIME

S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.

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

Senator LEATHERMAN proposed the following amendment (JUD1075.001), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 3, in Section 58-31-30(23), as contained in SECTION 2, by striking lines 3 through 4 and inserting therein the following:

/purpose district. The authority may not transfer water from one river basin to another except for those located in the counties specified in this item. However, the authority shall prepare and maintain/.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

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

S. 1075--Ordered to a Third Reading

On motion of Senator MATTHEWS, S. 1075 was ordered to receive a third reading on Friday, March 8, 1996.

AMENDED, READ THE SECOND TIME

S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

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

The Judiciary Committee proposed the following amendment (JUD0926.002), 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 20-7-780(A) and (B) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(A)   The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B), All all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile.

(B)   The Department of Juvenile Justice, if requested, shall provide the victim of a violent crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action, including hearing dates, times, and locations, and concerning services available to victims of juvenile crime. The name, identity, or picture of a child juvenile under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper, or radio, or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:

(1)   a violent crime as defined in Section 16-1-60;

(2)   grand larceny of a motor vehicle;

(3)   a crime in which a deadly weapon was used; or

(4)   distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44."

SECTION   2.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.

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

The Finance Committee proposed the following amendment (GJK\22435SD.96), which was adopted:

Amend the bill, as and if amended, in Section 10-7-100 of the 1976 Code as contained in SECTION 1, on line 10, page 2, after /subdivision./ by adding /Prior to the termination of the insurance coverage, notice of the impending termination also must be published in a newspaper of regular circulation in the county where the insured's headquarters is located./

Amend the bill further, as and if amended, in Section 15-78-160 of the 1976 Code as contained in SECTION 3, on line 41, page 2, after /subdivision./ by adding /Prior to the termination of the insurance coverage, notice of the impending termination also must be published in a newspaper of regular circulation in the county where the insured's headquarters is located./

Renumber sections to conform.

Amend totals and title to conform.

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

RECOMMITTED

S. 325 -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.

CARRIED OVER

S. 1218 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LANDER asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

Senator LANDER explained the Resolution.

On motion of Senator SETZLER, the Resolution was carried over.

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

Senator COURTNEY explained the Bill.

On motion of Senator MATTHEWS, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

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 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 adoption of Amendment No. 26-P1 (3901R062.ELP) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Wednesday, March 6, 1996.

Motion Adopted

Senator WILSON asked unanimous consent to make a motion to substitute Amendment No. 26A in the place of Amendments No. 26 and 26-P1.

There was no objection.

Amendment No. 26A

Senators WILSON, THOMAS, RUSSELL, and RYBERG proposed the following Amendment No. 26A (3901R071.AGW):

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

/PART

SECTION   1.   Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-142.   (A)   The governing body of a county may not increase the millage rate and fee rates imposed for any purpose, excluding fee rates charged by utilities, and except as provided in this section and Section 6-1-85, above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment.

(B)   Notwithstanding any other provision of law, the millage rate and fee rates also may be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C)   The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.

(D)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in subsection (E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may be further increased for the property tax year of implementation of reassessed values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.

(E)   The rollback millage rate is computed by dividing the budget year property tax assessment base by the current year's property tax revenues.

(F)   Contracts entered into under Chapter 12 of Title 4 are not subject to the provisions of this section."

SECTION   2.   Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:

"Section 5-21-70.   (A)   The governing body of a municipality may not increase the millage rate and fee rates imposed for any purpose, excluding fee rates charged by utilities, and except as provided in this section and Section 6-1-85 imposed above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment.

(B)   Notwithstanding any other provision of law, the millage rate and fee rates may also be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C)   The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.

(D)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates also may be increased for the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required."

SECTION   3.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-60.   (A)   The governing body authorized by law to levy special purpose or public service district taxes may not increase the millage rate and fee rates imposed for any purpose above the rate imposed for such purpose for the prior tax year. The millage rate, however, may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective date of this section, the governing body authorized by law to levy special purpose or public service district taxes may increase the millage rate for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public service district funds, personnel, facilities, or equipment.

(B)   The millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C)   Notwithstanding any other provision of law, the restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account.

(D)   The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a special purpose or public service district to the extent those limitations are more restrictive than the provisions of this section.

(E)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may also be increased in the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required."

SECTION   4.   Chapter 73, Title 59 of the 1976 Code is amended by adding:

"Section 59-73-35.   (A)   Except as provided in this section, the governing body authorized by law to levy school taxes may not increase the millage rate imposed for any purpose above the rate imposed for such purposes for the prior tax year.

(B)   The millage rate may be increased by the percentage increase in the consumer price index based upon the southeastern average or to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate also may be increased for the following purposes:

(1)   in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;

(2)   to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(3)   to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.

(C)   Notwithstanding any other provision of law, the millage rate also may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for any purpose must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.

(D)   The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contacts as provided in Section 48-52-670.

(E)   For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in Section 4-9-142(E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate also may be increased during the year of reassessment values implementation upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.

(F)   The provisions of this section do not and may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.

(G)   The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a tax year must be approved by the qualified electors of the school district in a referendum."

SECTION   5.   A.   Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-85.   Neither municipalities, counties, school districts, special purpose districts, nor any other political subdivision of this State may impose any taxes or fees of any nature or description unless the General Assembly has expressly authorized by general law the imposition of the specific tax or fee. The provisions of this section shall not and do not apply to taxes or fees on the rental or letting of accommodations which have been finally enacted by the governing bodies of the aforementioned local government entities on or before November 13, 1995.

For purposes of this section, the term 'accommodations' has the same meaning given that term in Section 12-36-920."

B.   The intent of the General Assembly in enacting the provisions of subsection A of this section is to reverse legislatively the decision in Hospitality Association of South Carolina et al. vs. The County of Charleston et al., Opinion No. 24346, November 13, 1995, Davis' Advance Sheet No. 25, except to the extent a tax or fee is specifically authorized by Section 6-1-85 of the 1976 Code.

SECTION   6.   This PART takes effect upon approval by the Governor and is effective until and unless the certification of the State Election Commission to the Code Commissioner and the Department of Revenue and Taxation of a majority "yes" vote in the referendum provided by SECTION 1 of PART II occurs. This PART is repealed upon the certification of a majority "yes" vote in the referendum and the Code Commissioner is directed to remove these provisions from the Code upon the effective date of the provisions provided for in PART II./

Amend title to conform.

Senator WILSON explained the amendment.

Senator BRYAN argued contra to the amendment.

ACTING PRESIDENT PRESIDES

At 11:40 A.M., Senator MARTIN assumed the Chair.

Senator BRYAN argued contra to the amendment.

Point of Quorum

At 11:52 A.M., Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN continued arguing contra to the amendment.

PRESIDENT PRESIDES

At 12:20 P.M., the PRESIDENT assumed the Chair.

Senator BRYAN continued arguing contra to the amendment.

OBJECTION

Senator PEELER asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand adjourned.

Senator McCONNELL objected.

Senator BRYAN continued arguing contra to the amendment.

Point of Quorum

At 12:32 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN continued arguing contra to the amendment.

Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess for fifteen minutes.

Point of Personal Privilege

Senator MOORE rose to a Point of Personal Privilege.

Point of Personal Privilege

Senator BRYAN rose to a Point of Personal Privilege.

Senator BRYAN continued arguing contra to the amendment.

OBJECTION

Senator LEATHERMAN asked unanimous consent to make a motion, with Senator BRYAN retaining the floor, that the Senate stand adjourned.

Senator DRUMMOND objected.

Senator BRYAN continued arguing contra to the amendment.

With Senator BRYAN retaining the floor, Senator DRUMMOND, with unanimous consent, addressed remarks to the body.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator BRYAN retaining the floor.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 8, 1996, it stand adjourned to meet next Tuesday, March 12, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:05 P.M., on motion of Senator DRUMMOND, 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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