TUESDAY, MAY 4, 1999
Tuesday, May 4, 1999
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in addition to the modern press, it will give us deeper insight to read some of the Old Testament about the Middle East. Hear a few words from Second Kings, Chapter 19 (v. 16):
“Incline Your ear, O Lord, and hear; Open Your eyes, O Lord, and
see; Hear the words of Sennacherib, which he has sent to mock
(You) the living God.”
Let us pray.
Our Father, it is awe that we feel as we live our days and see how history has a way of repeating itself.
Hezekiah and his Israelites called on God to “hear their prayers” and “see the terror” inflicted by the acts and words of Sennacherib.
But over and over God’s people do not “hear” and “obey” Him.
Father, we would do well to hear and heed the Word of God, when over and over we read the words, “he that has ears to hear, let him hear” the words of conscience and the words of Jesus.
Help us to hear and obey!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
COMMUNICATIONS RECEIVED
County of Greenville
Human Resources & JTPA
County Square, 301 University Ridge, Suite 500
Greenville, SC 29601-3665
April 27, 1999
South Carolina Senate
P. O. Box 142
Columbia, SC 29201
In accordance with Public Law 102-367, the Greenville County Workforce Investment Board has prepared Titles IIA, IIB, IIC, and EDWAA Job training Partnership Act plans for CY/PY ’99.
Any individual wanting to provide input or receive copies of the plans may contact: Ms. Vivian C. Anthony, Director, Human Resources & JTPA (864) 467-7150.
Sincerely,
/s/ Vivian C. Anthony
Director
County of Greenville
Human Resources & JTPA
County Square, 301 University Ridge, Suite 500
Greenville, SC 29601-3665
April 28, 1999
South Carolina Senate
P. O. Box 142
Columbia, SC 29201
In accordance with the Workforce Investment Act of 1998 (Public Law 105-220), the Greenville County Workforce Investment Board is in the process of completing the Formal Area Designation Petition. Any individual wanting to provide input into this process may contact Ms. Vivian C. Anthony, Director at Human Resources & JTPA, by calling (864) 467-7150.
Sincerely,
/s/ Vivian C. Anthony
Director
Doctor of the Day
Senator GIESE introduced Dr. Pierre G. Jaffe of Columbia, S.C., Doctor of the Day.
Leave of Absence
At 12:00 A.M., Senator LEVENTIS requested a leave of absence from 6:00 P.M. - 12:00 A.M.
Leave of Absence
At 12:00 P.M., Senator COURTNEY requested a leave of absence for Senator SHORT until 5:00 P.M.
Leave of Absence
At 3:45 P.M., Senator JACKSON requested a leave of absence beginning at 5:00 P.M. for the balance of the day.
Leave of Absence
At 4:10 P.M., Senator FAIR requested a leave of absence for the balance of the day.
Leave of Absence
At 10:10 P.M., Senator HOLLAND requested a leave of absence for the balance of the day.
Leave of Absence Rescinded
At 6:00 P.M., the leave of absence granted to Senator HUTTO from 6:30 - 12:00 A.M. was rescinded.
Privilege of the Chamber and Floor
On motion of Senator BRYAN, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to the Laurens District 55 High School Lady Raiders Basketball Team, their coach, school principal and school district superintendent.
On motion of Senator COURSON, with unanimous consent, the Privilege of the Floor was extended to Head Coach Travis Langford, Principal Tara Dean of Laurens District 55 High School and Superintendent Dr. Ed Taylor for the purpose of the presentation of a Concurrent Resolution.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.785 -- Senators Fair, Thomas, Peeler, Giese, Matthews, Mescher, Drummond, Wilson and Hayes: A BILL TO ENACT THE “SOUTH CAROLINA SCHOOL SAFETY ACT OF 1999” INCLUDING PROVISIONS TO AMEND THE 1976 CODE BY ADDING SECTION 591795 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT OF THIS STATE MAY ACCEPT AND NAME SCHOOL DISTRICT VOLUNTEER CHAPLAINS FOR EVERY MIDDLE SCHOOL AND HIGH SCHOOL IN THE DISTRICT, TO PROVIDE THAT PARTICIPATION BY STUDENTS WITH THESE CHAPLAINS OR DURING A CHAPEL PERIOD THE CHAPLAIN CONDUCTS IS VOLUNTARY ON THE PART OF THE STUDENTS AND THEIR PARENTS OR GUARDIANS, AND TO PROVIDE THE PROCEDURES TO IMPLEMENT THE ABOVE PROVISIONS.
Read the first time and referred to the Committee on Education.
S.786 -- Senator McGill: A BILL TO AMEND ACT 295 OF 1985, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO REVISE THE PER DIEM MEMBERS OF THE BOARD RECEIVE FOR EACH MEETING.
Read the first time and ordered placed on the local and uncontested Calendar.
S.786--Ordered to a Second and Third Reading
On motion of Senator McGILL, with unanimous consent, S.786 was ordered to receive a second and third reading on the next two consecutive legislative days.
H.3118 -- Reps. Haskins, Edge, Robinson, Harrison, Simrill, Sandifer and Vaughn: A BILL TO AMEND SECTION 4127410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 413110, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 413180; TO AMEND SECTION 413140, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTYFOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 413150, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 413160, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 413180, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONEHALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 413140 AND 413150, AND PROVIDE THAT FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 413140 AND 413150 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 4131110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 4131670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER’S RATE MEANS EMPLOYER’S BASE RATE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H.3218 -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61120 SO AS TO MAKE CONFIDENTIAL THE INFORMATION PROVIDED BY A TAXPAYER IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIAPLITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CRIMINAL PENALTY AND DISMISSAL FROM OFFICE OR POSITION FOR AN EMPLOYEE OR OFFICER WHO VIOLATES THIS REQUIREMENT, AND TO DISQUALIFY FOR FIVE YEARS FROM PUBLIC OFFICE A COUNTY OR MUNICIPAL OFFICER VIOLATING THIS REQUIREMENT; TO AMEND SECTION 1254240, AS AMENDED, RELATING TO THE CONFIDENTIALITY REQUIREMENTS OF STATE TAX RETURNS, SO AS TO EXTEND THIS REQUIREMENT TO THE ADMISSIONS LICENSE TAX; AND TO AMEND SECTION 30440, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO CONFORM THE EXEMPTION TO THE CONFIDENTIALITY PROVISIONS PROVIDED BY THIS ACT.
Read the first time and referred to the Committee on Judiciary.
H.3393 -- Reps. Law, H.Brown and YoungBrickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H.3404 -- Reps.W.McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3522 -- Rep.Altman: A BILL TO AMEND SECTION 5912360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Education.
H.3620 -- Reps. J.Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J.Brown, T.Brown, Carnell, CobbHunter, Emory, Gourdine, Harris, Hayes, M.Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M.McLeod, W.McLeod, McMahand, Miller, MoodyLawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J.Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 152 SO AS TO ENACT THE “SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS ACT” WHICH INCLUDES PROVISIONS FOR EXPANDED PARENTAL AND MATERNITY CARE, ADDITIONAL NUTRITION AND HEALTH CARE FOR CHILDREN, AND INCENTIVES FOR APPROPRIATE PRESCHOOL PROGRAMS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 OF THE 1976 CODE, RELATING TO THE CHILDREN’S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN’S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 431240, 433120, AND 441280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, AND EACH COUNTY BOARD AND OFFICE OF SOCIAL SERVICES, AND THE BOARD AND DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD’S LIFE MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN’S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT’S EFFECTIVE DATE.
Read the first time and referred to the Committee on Education.
H.3649 -- Rep.Tripp: A BILL TO AMEND SECTION 1263360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF “NEW JOB” FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 121030, AS AMENDED, AND 121035, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF “NEW JOB” AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 1263360.
Read the first time and referred to the Committee on Finance.
H.3779 -- Reps. Dantzler and Law: A BILL TO AMEND SECTION 411840, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA AMUSEMENT RIDERS SAFETY CODE, SO AS TO REVISE THE DEFINITION OF “SERIOUS INJURY” TO INCLUDE DEATH, IMMEDIATE INPATIENT HOSPITALIZATION, FRACTURES, AND DISFIGUREMENTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H.3835 -- Rep.Robinson: A BILL TO AMEND ARTICLE 1, CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES LEVIED BY THE DEPARTMENT OF REVENUE, BY ADDING SECTIONS 125443 SO AS TO PROVIDE FOR CIVIL PENALTIES AND 125444 SO AS TO PROVIDE FOR CRIMINAL PENALTIES; TO AMEND SECTIONS 41230, AS AMENDED, AND 42967, AS AMENDED, BOTH RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO DEFINE “REPLACEMENT PROPERTY” AS REPLACING THE OLDEST PROPERTY IN THE PROJECT SUBJECT TO THE FEE; TO AMEND SECTION 42968, AS AMENDED, RELATING TO A PROJECT PAYING A FEE IN LIEU OF PROPERTY TAXES, SO AS TO ADD CERTAIN CROSS REFERENCES; TO AMEND SECTION 61320, RELATING TO LIMITATIONS ON MILLAGE RATE INCREASES, SO AS TO REFERENCE THE CALENDAR YEAR INSTEAD OF THE FISCAL YEAR AND TO PROVIDE FOR COMPUTATION OF THE ROLLBACK MILLAGE; TO AMEND SECTION 11110, RELATING TO OFFICIAL RECEIPTS FOR MONIES COLLECTED, SO AS TO LIMIT RELEASE OF DOCUMENTS BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12650, AS AMENDED, RELATING TO PROVISIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY THE STATE, SO AS TO ADOPT SECTION 6015; TO AMEND SECTION 1263360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO DESCRIBE SPECIFICALLY THE DATA USED TO RANK AND DESIGNATE THE STATE’S COUNTIES AS THE AVAILABLE PER CAPITA INCOME DATA AND UNEMPLOYMENT RATE DATA FROM THE LAST THREE YEARS AND THE DATA USED FOR DETERMINATION OF THE PER CAPITA INCOME OF A COUNTY AS THE LATEST AVAILABLE DATA AND TO PROVIDE FOR THE PASS THROUGH OF THE UNUSED CREDIT TO MEMBERS OF CERTAIN ENTITIES CLAIMING THE CREDIT; TO AMEND SECTION 1264910, RELATING TO THOSE TAXPAYERS REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO REFERENCE THE DEDUCTION FOR RETIREMENT INCOME; TO AMEND SECTIONS 1265060, 1265065, 1265070, AND 1265080, ALL RELATING TO DESIGNATIONS ON THE TAX RETURNS FOR VOLUNTARY CONTRIBUTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE IS NOT SUBJECT TO THE PROVISIONS OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT; TO AMEND SECTION 12212550, AS AMENDED, RELATING TO FAILURE TO MAKE A CORRECT TAX RETURN OR TO FILE A RETURN, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO ESTIMATE THE TAX LIABILITY AND ISSUE A PROPOSED ASSESSMENT; TO AMEND SECTION 12362120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO INCLUDE PROCEEDS FROM THE SALE OF LIQUEFIED PETROLEUM GAS; TO AMEND SECTION 1237251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAX, SO AS TO DELETE REFERENCE TO CALCULATION OF ROLLBACK MILLAGE; TO AMEND SECTION 125455, AS AMENDED, RELATING TO INTEREST ON UNDERPAYMENT OF ESTIMATED TAX, SO AS TO DELETE LANGUAGE MAKING THE PENALTY INTEREST THE EXCLUSIVE REMEDY; TO AMEND SECTION 1254240, AS AMENDED, RELATING TO PROHIBITION OF THE DISCLOSURE OF RECORDS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF NAMES AND ADDRESSES TO THE STATE RETIREMENT SYSTEM IN CONNECTION WITH INACTIVE ACCOUNTS; TO AMEND SECTION 125620, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO ADD THE UNITED STATES DEPARTMENT OF EDUCATION AS A CLAIMANT AGENCY AND TO CHANGE “INDIVIDUAL” TO “PERSON”; AND TO REPEAL SECTIONS 1265590 RELATING TO REVISION OF THE ASSESSED TAX, 125435 RELATING TO SPOUSAL LIABILITY FOR TAX, AND 125440 RELATING TO PENALTIES IN CONNECTION WITH COLLECTION AND ENFORCEMENT OF TAXES.