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, hear the Psalmist (Ps.2:10,11):
"Now, therefore, O kings, be wise;
be warned, O rulers of the earth.
Serve the Lord with fear, with trembling..."
In honor of the memory of St. Patrick, let us pray in the words of Henry van Dyke:
Lord God,
"Let me but live my life from year to year,
with forward face and unreluctant soul;
Not hurrying to, nor turning from the goal;
Not mourning for the things that disappear
from what the future veils;
But with a whole and happy heart,
That pays its toll to youth and age,
and travels on with cheer.
So let the way wind up the hill or down,
O'er rough or smooth, the journey will be joy;
Still seeking what I sought when but a boy,
New friendship, high adventure, and a crown.
My Heart will keep the courage of the quest,
and hope the road's last turn will be
the best..."
In the Redeemer's Name. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration:
Document No. 1460
Promulgated By Public Service Commission
900 and 900-Type Services
Received By Lt. Governor March 17, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date July 15, 1992
Document No. 1461
Promulgated By Budget and Control Board
911 Local Emergency Telephone Services Systems
Received By Lt. Governor March 13, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date July 11, 1992
Document No. 1471
Promulgated By Board of Education
Annual Budget Deadlines and Schedules
Received By Lt. Governor March 17, 1992
Referred to Senate Committee on Education
120 day review expiration date July 15, 1992
Document No. 1472
Promulgated By Board of Education
Health Education Requirements
Received By Lt. Governor March 17, 1992
Referred to Senate Committee on Education
120 day review expiration date July 15, 1992
Document No. 1478
Promulgated By Department of Archives and History
Certification of Rehabilitated Historic Buildings for Special Tax Assessment
Received By Lt. Governor March 12, 1992
Referred to Senate General Committee
120 day review expiration date July 10, 1992
The following was received:
Document No. 1414
Promulgated By Licensing Board for Contractors
Authorized Insurers of Fire Sprinkler Contractors
Received By Lt. Governor November 19, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Withdrawn March 6, 1992
The following was received:
Document No. 1440
Promulgated By Department of Highways and Public Transportation
Disadvantaged Business Enterprises Program
Received By Lt. Governor January 10, 1992
Referred to Senate Committee on Transportation
120 day review expiration date May 13, 1992
Withdrawn and Resubmitted March 13, 1992
At 12:23 P.M., Senator DRUMMOND made the point that a quorum was not present.
It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Courtney
Drummond Fielding Giese
Gilbert Helmly Hinds
Hinson Holland Land
Leatherman Leventis Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
The Senate resumed.
Senator GIESE introduced Dr. Vince Degenhart of Columbia, South Carolina, Doctor of the Day.
At 12:00 Noon, on motion of Senator MOORE, Senator LOURIE was granted a leave of absence for today.
At 12:00 Noon, on motion of Senator HELMLY, Senator ROBERT W. HAYES, JR. was granted a leave of absence for today.
Columbia, S.C., March 17, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 17, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned:
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
on a Point of Order.
Very respectfully,
Speaker of the House
Received as information.
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
The House returned the Bill on a Point of Order.
Senator SETZLER spoke on the Bill.
The Senate has determined that in applying the provisions of Article III, Section 15 of the Constitution, the House has misconstrued the substance of S. 1378 and was in error in ruling the Bill out of order. Therefore, the Bill was returned to the House.
S. 972 -- Senator Wilson: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 25 SO AS TO ENACT THE RAILS TO TRAILS ACT.
On motion of Senator MOORE, with unanimous consent, the Bill was recalled from the General Committee.
There was no objection.
On motion of Senator MOORE, the Bill was committed to the Committee on Transportation.
S. 996 -- Senators Fielding and Nell W. Smith: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
Senator STILWELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator STILWELL, the Bill was committed to the Committee on Education.
The following were introduced:
S. 1391 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING THE RED RAIDERS OF GREENVILLE HIGH SCHOOL ON WINNING THE BOYS' CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1392 -- Senator Mitchell: A CONCURRENT RESOLUTION CONGRATULATING SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON WINNING THE BOYS' CLASS AA STATE BASKETBALL CHAMPIONSHIP FOR 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1393 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY ON THE DEATH OF FRANCES RILEY RICHARDSON OF OCONEE COUNTY AND TO EXTEND ITS SYMPATHY TO HER FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1395 -- Senators Bryan, J. Verne Smith, Courtney, Giese, Rose, Thomas and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; SECTION 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; SECTION 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND SECTION 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.
Read the first time and referred to the Committee on Judiciary.
S. 1396 -- Senator Pope: A BILL TO REPEAL ACT 343 OF 1971, AS AMENDED, RELATING TO THE CREATION, MEMBERSHIP, POWERS AND DUTIES, AND OPERATIONS OF THE UNION RECREATION DISTRICT IN UNION COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4553 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE MR. ANDERSON PERRY OF NEWBERRY UPON THE OCCASION OF HIS ONE HUNDRED TENTH BIRTHDAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:
S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from WIFE to attend a breakfast IN the Main Lobby (State House) on Thursday, March 19, 1992, from 8:30 - 10:30 A.M.
The invitation was accepted.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Home Builders Association to attend a bird supper at the Ellison Building on Wednesday, March 25, 1992, beginning at 8:00 P.M.
The invitation was accepted.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.
S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND proposed the following Amendment No. 1 (JUD933.004), which was adopted:
Amend the amendment, as and if amended, page 1, line 2 of Section 50-11-735(A), by striking /possession of/ and inserting /possessing/.
Amend the amendment further, as and if amended, page 1, line 1 of Section 50-11-735(B), by inserting after the word /property/ the following:
/not claimed or redeemed as provided in this section/ .
Amend the amendment further, as and if amended, page 1, line 4 of Section 50-11-735(C), by inserting after the word /give/ the words:
/at least/ .
Amend the amendment further, as and if amended, page 1, line 4 of Section 50-11-735(C), by inserting before the word /owner/ the word
/former/ .
Amend the amendment further, as and if amended, page 2, line 4 of Section 50-11-735(G), by striking the word /owner/ and inserting therein:
/person from whom the property was seized/ .
Amend the amendment further, as and if amended, page 3, line 1, in Section 50-11-735(G), by inserting after the word /status/ the following:
/, and the department immediately shall relinquish the property to the innocent owner/ .
Amend the amendment further, as and if amended, page 3, beginning on line 3, in Section 50-11-735(G), by striking: /The property must be relinquished to the innocent owner./ .
Amend title to conform.
Senator GILBERT explained the amendment.
The amendment was adopted.
Senator GILBERT proposed the following Amendment No. 2 (BBM\9808.BD):
Amend the bill, as and if amended, by striking Section 50-11-735 and inserting:
/Section 50-11-735. (A) For purposes of this section, a conviction for unlawfully taking, attempting to take, or possession of wildlife is conclusive against the owner of property subject to forfeiture.
(B) Forfeited property may be retained by the department for official use, transferred to other governmental agencies for official use, sold at public auction, or disposed of according to law.
(C) If the department sells forfeited property, the sale must be at public auction for cash to the highest bidder at a public place in the county where the property was seized. Before the sale, the department shall give thirty days' notice to the owner of the property subject to forfeiture by certified mail and to the public by posting an advertisement of the sale at the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department first shall satisfy costs and expenses of the seizure, advertisement, and sale, including, but not limited to, expenses incurred for the storage of the forfeited property. The net proceeds must be placed on deposit with the State Treasurer and credited to the game protection fund.
(D) When forfeited property is valued at one thousand dollars or more, the former owner may redeem it by paying one thousand dollars to the department within thirty days after conviction. When forfeited property is valued at less than one thousand dollars, the former owner may redeem it by paying to the department the fair market value of the property within thirty days after conviction. The amounts received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(E) When the department seizes property subject to forfeiture, the owner may redeem it before trial by paying to the department the fair market value of the property or one thousand dollars, whichever is less, if the property is not being held as evidence. Upon conviction, the amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund. If there is no conviction, the amount received must be returned to the owner.
(F) When the department seizes property subject to forfeiture and which is subject to a lien of record, it shall ascertain the fair market value of the property. Upon conviction of the owner, an innocent lienholder of record may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. Upon payment, the property must be relinquished to the innocent lienholder of record. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(G) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. Upon conviction of the owner, the innocent person may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The property must be relinquished to the innocent owner. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.
(H) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. If the property is not being held as evidence, the department immediately shall relinquish the property to the innocent owner. Upon conviction of the person from whom the property was seized, he shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund./
Amend title to conform.
On motion of Senator HOLLAND, the Bill was carried over.
The following Bill having been read the second time was passed and ordered to a third reading:
S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
On motion of Senator GIESE, with unanimous consent, S. 1321 was ordered to receive a third reading on Wednesday, March 18, 1992.
H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
On motion of Senator DRUMMOND, with unanimous consent, H. 4218 was ordered to receive a third reading on Wednesday, March 18, 1992.
S. 1153 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-77-30(1), RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NON-OWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The amendment proposed by the Committee on Banking and Insurance (BIN1153.001) was adopted as follows:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The 1976 Code is amended by adding:
"Section 56-1-245. If a driver's license is suspended or revoked because the licensee is determined by the department to have no motor vehicle liability insurance, the director of the motor vehicle division of the department shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked. The director shall document his reasons for waiving the fee in the records of the department." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The 1976 Code is amended by adding:
"Section 38-77-113. If a driver's license is suspended or revoked because the licensee is determined by the department to have no motor vehicle liability insurance, the director of the motor vehicle division of the department shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked. The director shall document his reasons for waiving the fee in the records of the department." /
Renumber remaining sections to conform.
Amend title to conform.
Senators SALEEBY and MACAULAY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (N05/8084.BD) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 25, Title 40 of the 1976 Code is amended to read:
Section 40-25-10. This chapter may be cited as the `Fitting and Selling of Practice of Specializing in Hearing Aids Act'.
Section 40-25-20. As used in this chapter, except as unless the context may require requires otherwise:
(1) `Department' shall mean means the Department of Health and Environmental Control.
(2) `Commission' shall mean means the State Commission for Hearing Aid Dealers and Fitters Specialists.
(3) `License' shall mean means a license issued by the department under this chapter to hearing aid dealers and fitters specialists.
(4) `Temporary permit' shall mean means a permit issued while the applicant is in training to become a licensed hearing aid dealer and fitter specialist.
(5) `Hearing aid' shall mean any means an acceptable wearable instrument or device designated for or offered for the purpose of aiding to aid or compensating compensate for impaired human hearing and any parts, attachments, or accessories, including earmold, but excluding batteries and cords.
(6) `Practice of fitting and dealing specializing in hearing aids' shall mean means the measurement of human hearing by means of an audiometer or and by any other established means solely for the purpose of fitting, making selections, adaptations, or sale of hearing aids. The term It also includes the making of impressions for earmolds.
(7) `Sell' or `sale' shall mean any means the transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers specialists.
(8) `Hearing aid specialist' means an individual licensed under this chapter to engage in the practice of specializing in hearing aids.
(8)(9) `Audiologist' shall mean means an individual completing satisfactory graduate work and holding a certificate of clinical competence and who is actually engaged in audiologistical practice in this State licensed by the State Board of Examiners in Speech Pathology and Audiology as an audiologist.
(9)(10) `Otolaryngologist' shall mean means a licensed physician specializing in ear, nose, and throat.
Section 40-25-30. The powers and duties of the department are as follows to:
(1) To authorize all disbursements necessary to carry out the provisions of this chapter.;
(2) To supervise issuance of licenses `by experience' and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination.;
(3) To register persons who apply to the department and who are qualified to engage in the fitting and sale practice of specializing in hearing aids.;
(4) To purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants as provided.;
(5) To issue and renew licenses.;
(6) To suspend or revoke licenses in the manner provided. or require that refunds be made;
(7) To designate the time and place for examining applicants.;
(8) To enforce this chapter and appoint representatives an equal number of licensed hearing aid specialists and licensed audiologists who also are licensed hearing aid specialists to conduct or supervise the examination and enforce the provisions of this chapter.;
(9) To make promulgate and publish rules and regulations not inconsistent with the laws of this State which are and necessary to carry out the provisions of this chapter. including the establishment of licensing fees;
(10) To appoint or employ subordinate employees.;
(11) To retain all funds received for administration of the program.;
(12) To require the periodic inspection of audiometric testing equipment and to carry out the periodic inspection of facilities of persons who engage in the practice fitting of specializing in hearing aids.
Section 40-25-40. (1) There shall be established a (A) A Commission of Hearing Aid Dealers and Fitters which shall Specialists is established to guide, advise, and make recommendations to the department.
(2)(B)(1) Members of the commission shall must be residents of the State. The commission shall consist consists of:
(a) four licensed hearing aid dealers specialists, and each of whom shall must be a principal dealer of a different manufacturer's hearing aid;
(b) one otolaryngologist;
(c) one audiologist;
(d) one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid dealer specialist or manufacturer, and is not a member of the other groups or professions required to be represented on the commission; and
(e) the State Health Officer or his designee.
(2) Each hearing aid dealer specialist on the commission shall must have no less than five years of experience as provided under this chapter but an exception shall be the hearing aid dealers and fitters of the first commission appointed who shall have no less than five years of experience and shall fulfill all qualifications for "license by experience" as provided under this chapter.
(3)(C) All appointive members of such the commission shall in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Provided, that with regard to the one representative of the public, Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the South Carolina Hearing Aid Society, the Commission on Aging, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and such other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of office of each member shall be for is four years except that of the members of the first commission appointed under this act three shall be appointed for four years, and three shall be appointed for two years and until their successors are appointed and qualify. Before a member's term expires the Governor shall, with the advice and consent of the Senate, shall appoint a successor to assume his duties at the expiration of the predecessor's term. A vacancy in the office of a member shall must be filled in the same manner as of the original appointment. The members of the commission shall annually shall designate one member to serve as chairman and another to serve as secretary. No member of the commission who has served two or more full terms may be reappointed to the commission until at least one year after the expiration of his most recent full term of office.
(4)(D) Each member of the Commission shall be entitled to the current statutory members may receive per diem plus actual travel expenses of ten cents per mile traveled, and mileage provided by law for members of state boards, committees, and commissions for each day actually spent in the duties of the commission; provided, no. No member shall be entitled to may receive more than fifteen days per diem in any one fiscal year.
Section 40-25-50. (1) The commission shall:
(1) advise the department in all matters relating to this chapter, shall;
(2) prepare the examinations required by this chapter for the department and shall;
(3) assist the department in carrying out the provisions of this chapter.;
(2)(4) The Commission shall keep a record of its proceedings and a register of persons licensed under this chapter and shall;
(5) make a report each year to the Governor of all its official acts during the preceding year.;
(3)(6) The Commission shall meet not less than once each year at a place, day, and hour determined by the commission. The Commission shall also and meet at such other times and places as may be requested by the department.
Section 40-25-60. (1)(A) No person shall may engage in the sale of or practice of fitting specializing in hearing aids or display a sign or in any other another way advertise or represent himself as a person who practices engages in the fitting and sale practice of specializing in hearing aids after January 1, 1972, unless he holds an unsuspended, unrevoked license issued by the department as provided in under this chapter. The license number must be listed in an advertisement or a representation. The license shall must be conspicuously posted conspicuously in his office or place of business. Duplicate licenses shall must be issued by the department to valid license holders operating more than one office, without additional payment. A license under this chapter shall confer confers upon the holder the right to perform only those hearing tests necessary to select, fit, and sell hearing aids.
(2)(B) Nothing in this chapter shall prohibit prohibits a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, provided that if it employs only properly licensed natural persons in the direct sale and fitting of such the products. Such corporations, partnerships, trusts, associations or other like organizations shall file annually with the Department and Commission a list of all licensed hearing aid dealers and fitters directly or indirectly employed by it. Such organizations shall also file with the Department and Commission a statement on a form approved by the Commission that they submit themselves to the rules and regulations of the Department and the provisions of this chapter which the Department shall deem applicable to them.
Section 40-25-70. (1)(A) Any A person who practices engages in the fitting and sale practice of specializing in hearing aids shall deliver to each a person supplied with a hearing aid a receipt which shall contain contains the licensee's signature and show his business address and, the number of his certificate license, together with specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and the its container thereof shall must be clearly marked clearly as `used' or `reconditioned', whichever is applicable, with terms of guarantee, if any.
(2)(B) The purchaser must be advised at the outset of his relationship with the hearing aid dealer specialist that any an examination or a representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State.
(3) Any person engaging in the fitting and sale of hearing aids will, when dealing with a child twelve years of age or under, ascertain whether the child has been examined by an otolaryngologist for his recommendation within ninety days prior to the fitting. If such not be the case, a recommendation to do so must be made and this fact noted on the receipt.
(C) A person engaged in the practice of specializing in hearing aids shall comply with federal regulations, 21 CFR 801, or related amendments to the regulations. He may not sell a hearing aid to a prospective user under eighteen years of age unless he presents to the dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months.
Section 40-25-80. (1)(A) Nothing in This chapter is intended to does not:
(1) prevent any a person from engaging in the practice of measuring human hearing for the purpose of selection of hearing aids provided such if the person or organization employing such person him does not sell hearing aids or their accessories thereto except in the case of for earmolds to be used only for the purpose of audiologic evaluation.;
(2) This chapter shall not apply to any a physician licensed to practice in the State of South Carolina.;
(3) This chapter shall not apply to an audiologist or to any other another person while he is engaged in the practice of recommending hearing aids if his practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution or nonprofit organization which is primarily is supported by voluntary contributions, provided if this organization does not sell hearing aids or accessories.
(4)(B) On the selling and fitting of hearing aids located in the temples of glasses, licensees are prohibited from making may not make facial measurements, adapting or adapt, fitting fit, or adjusting adjust lenses or frames under this chapter, except for the replacement of temples by those incorporating hearing aid components, unless legally qualified to do so under other South Carolina statutes.
Section 40-25-90. For a period of six months following after January 1, 1972, an applicant for a license shall must be issued a license one without examination provided if the applicant:
(1) Has been principally has been engaged as a hearing aid dealer and fitter specialist for a total period of at least two years within a period of five years immediately prior to before January 1, 1972.;
(2) is a resident of South Carolina and is of good moral character.;
(3) is twenty-one years of age or older.;
(4) is free of contagious or infectious disease.
Section 40-25-100. (1)(A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement as provided in Section 40-25-90 or passes an examination as provided in Section 40-25-110 and upon the applicant's payment of fifty dollars a fee set by the department through regulation shall issue to the applicant a license signed by the department. The license shall be is effective until January thirtieth of the year following the year in which licensed for one year and expires one year after it is issued.
(2)(B) Whenever When the commission determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter and that such the state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in such the other state or jurisdiction if the applicant is eighteen twenty-one years of age, is a person of good moral character and is free of contagious or infectious disease. No such applicants Applicants for certificate of endorsement shall be are not required to submit to or undergo a qualifying examination, other than the payment of fees pursuant to the provisions of this chapter. The holder of a certificate of endorsement shall must be registered in the same manner as licensees. The fee for issuance of a license based upon an initial certificate of endorsement shall be is the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of certificates of endorsement shall be and licenses are the same as for renewal, suspension and revocation of a license.
Section 40-25-110. (1) Applicants who do not meet the experience qualification on January 1, 1972 (A) An applicant may obtain a license by successfully passing a qualifying examination, provided the applicant if he:
(a)(1) Is is at least twenty-one years of age.;
(b) Is of good moral character.
(c)(2) Has has an education equivalent to a four-year course in an accredited high school.
(d) Is free of contagious or infectious disease.
(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and payment of the fee provided in Section 40-25-100 without written examination. Upon presentation of a certificate of clinical competence in audiology or a substantial equivalent, as determined by the State Board of Examiners in Speech/Language Pathology and Audiology, an audiologist also is exempt from a practical test.
(2)(C) Applicant An applicant for license by examination shall appear at a time, place, and before such persons as the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to engage in the practice the fitting and sale of specializing in hearing aids. The examination administered as directed by the department constituting standards for licensing shall must not be conducted in such a manner so that college training is required in order to pass the examination. Nothing in this examination shall may imply that the applicant shall possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.
(3)(D) The department shall give examinations at least once a year.
Section 40-25-120. (1)(A) Any A person who fulfills the requirements regarding age, character, and education and health as set forth in Section 40-25-110, may obtain a temporary permit upon application to the department. Previous experience or a waiting period shall is not be required to obtain a temporary permit.
(2)(B) Upon receiving an application as provided under this section and accompanied by a fee of twenty-five dollars set by the department through regulation, the department shall issue a temporary permit which shall entitle entitles the applicant to engage in the fitting and sale of hearing aids for a period of one year. A person holding a valid hearing aid dealers and fitters specialist license shall be responsible for the supervision shall supervise and training of such train the applicant and, maintain adequate personal contact, and make annual quarterly reports to the department about the performance of the person holding the temporary permit.
(3)(C) If a person who holds a temporary permit under this section has not successfully passed successfully the licensing examination within one year from the date of issuance, the temporary permit may, at the discretion of the Department, may be renewed, or at the discretion of the Department, the applicant may be permitted to reapply at a later date.
Section 40-25-130. The qualifying examination provided in Section 40-25-110 shall must be designated to demonstrate the applicant's adequate technical qualifications by:
(1) tests of knowledge in the following areas as they pertain to the fitting and sale practice of specializing in hearing aids:
(a) basic physics of sound.;
(b) The anatomy and physiology of the ear.;
(c) The function of hearing aids.;
(2) practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids:
(a) pure tone and audiometry, including air conduction testing and bone conduction testing.;
(b) live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing.;
(c) masking when indicated.;
(d) recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid.;
(e) Taking earmold impressions.
Section 40-25-140. (1)(A) A person who holds a license shall notify the department in writing of the regular address of the place where he engages or intends to engage in the fitting or the sale practice of specializing in hearing aids.
(2)(B) The department shall keep a record of the place of business of licensees.
(3)(C) Any Notice required to be given by the department to a person who holds a license shall must be mailed to him by certified mail at the address of the last place of business of which he has notified the department.
Section 40-25-150. (A) Each A person who engages in the fitting and sale practice of specializing in hearing aids shall annually, on or before January thirtieth, the license expiration date shall pay to the department a fee of fifty dollars set by the department through regulation for issuance or a renewal of his license and shall keep the certificate conspicuously. The license must be posted conspicuously in his office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after January thirtieth, the license expiration date during which time licenses may be renewed on payment of a fee of sixty dollars to set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of seventy-five dollars to a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to any examination as a condition to renewal, provided if the renewal application is made within two years from the date of the expiration.
(B) Any A licensee or temporary permit holder must shall maintain a progressing level of professional competence by participation during each calendar the previous year of licensing in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use.
(C) The licensee shall annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the calendar previous year of licensing. A licensee who is granted a license during a calendar year is not required to complete the requirement during that year and the requirement shall begin the second full licensing year. The requirement may be fulfilled by attending and participating in training activities approved by the commission and those accredited by the International Hearing Society, unless disapproved by the commission.
(D) Any A person or organization desiring to conduct continuing education training programs must shall submit the programs to the commission for approval prior to their before presentation. The commission shall develop procedures for submitting these requests and for approving or disapproving them.
(E) Failure to complete the minimum educational requirements shall result results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next calendar year of licensing. The make-up allowance shall does not waive the full annual requirements for continued education.
Section 40-25-160. (1)(A) Any A person wishing to make a complaint against a licensee under this chapter shall reduce the same to writing and file this a written complaint with the department within one year from the date of the action upon which the complaint is based. If the department determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall must be suspended or revoked, it shall make an order fixing a time and place for hearing and require the licensee complained against to appear and defend against the complaint. The order and copy of the complaint shall must be served upon the licensee at least twenty thirty days before the date set for hearing, either personally or by registered mail sent to the licensee's last known address. Continuances or adjournment of hearing date shall must be made if for a good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the department shall have the right to may compel the attendance of witnesses by subpoenas issued by the department under its seal.
(2)(B) Any A person registered under this chapter may have his license revoked or suspended for a fixed period or be required to make a refund by the department for any of the following causes:
(a)(1) The conviction of a felony, or a misdemeanor involving moral turpitude. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be is conclusive evidence of such the conviction.;
(b)(2) procuring of license by fraud or deceit practiced upon the department.;
(c)(3) unethical conduct, including, but not limited to the following:
(1)(a) The obtaining of any a fee or the making of any a sale by fraud or misrepresentation.;
(2)(b) knowingly employing directly or indirectly any a suspended or unregistered person to perform any work covered by this chapter.;
(3)(c) using or causing or promoting the use of any advertising matter, promotional literatures, or testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful.;
(4)(d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised.;
(5)(e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words `doctor,' `audiologist,' or `clinic' or similar words, abbreviations, or symbols which tend to connote the medical profession when such the use is not the case. No hearing aid specialist who is not a licensed audiologist may represent himself as a licensed audiologist in the practice of selling hearing aids;
(6)(f) habitual intemperance.;
(7)(g) gross immorality.;
(8)(h) permitting another's use of a license.;
(9)(i) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist.;
(10)(j) directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to any a person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter. specialist;
(11)(k) stating or implying that the use of any a hearing aid will restore or preserve hearing, or prevent or retard progression of hearing impairment.;
(d)(4) conducting business while suffering from a contagious or infectious disease.;
(e)(5) engaging in the fitting and sale practice of specializing in hearing aids under a false name or alias with fraudulent intent.;
(f)(6) selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aids. or where it is medically impossible to conduct routine testing;
(g)(7) gross incompetence or negligence in fitting and selling hearing aids.; or
(h)(8) violating any provisions of this chapter.
(C) If a refund must be made under this section, the department may suspend the license of the person required to make the refund until it is made.
Section 40-25-170. (1)(A) The final order of the department in proceedings for the suspension or revocation of certificates of registration shall be are subject to review by the circuit court of Richland County, or the county wherein in which the registrant has his principal place of business, or the county wherein in which the books and records of the department are kept. (2) All Other final orders of the department, under this chapter, shall be are subject to review in the same courts.
(3) (B) All such Appeals to the circuit court shall must be upon all of the original records and record before the department, and the court, in its discretion may affirm, reverse, or modify any an order made by the department.
Section 40-25-180. No person shall may:
(1) sell, barter, or offer to sell or barter a license.;
(2) purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to engage in the practice the fitting and sale of specializing in hearing aids.;
(3) alter a license with fraudulent intent.;
(4) use or attempt to use as a valid license, a license which has been purchased, fraudulently obtained, counterfeited, or materially altered.;
(5) wilfully make a false statement in an application for license or application for renewal of license.
Section 40-25-190. Any A person violating the provisions of this chapter shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined in an amount not to exceed more than one hundred dollars or imprisoned for a period not to exceed more than thirty days."
SECTION 2. In accordance with Section 1-20-60 of the 1976 Code, the existence of the State Commission of Hearing Aid Specialists is reauthorized for six years.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator REESE proposed the following amendment (BBM\9534.AL), which was tabled:
Amend the bill, as and if amended, by striking Section 40-25-110(B) and inserting:
/(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and successful completion of the practical and written portion of the examination./
Amend title to conform.
Senator BRYAN argued contra to the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
It is the intent of the Bill that the Hearing Aid Specialist shall have the right to test human hearing to determine the need for the use of a hearing aid.
S. 1095 -- Senator Reese: A BILL TO AMEND ACT 1120 OF 1960, AS AMENDED, RELATING TO THE LIBERTY-CHESNEE-FINGERVILLE WATER DISTRICT INSPARTANBURG COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE COMMISSION OPERATING AND MANAGING THE DISTRICT AND DELETE THE PROVISIONS FOR APPOINTMENT.
Senator REESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator REESE, with unanimous consent, the Bill was committed to the Local Delegation.
S. 1208 -- Senator Drummond: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
Senator PASSAILAIGUE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator PASSAILAIGUE, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.
Senator BRYAN explained the Resolution.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.
On motion of Senator ROSE, the Bill was carried over.
H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.
On motion of Senator SETZLER, the Bill was carried over.
S. 953 -- Senator Martschink: A BILL TO AMEND SECTIONS 5-31-2020 AND 6-11-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO ADD ADDITIONAL DEFINITIONS, TO AMEND SECTION 5-31-2030, RELATING TO THE POWERS OF MUNICIPALITIES IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, AND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNING COMMISSIONS OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO FURTHER PROVIDE FOR THESE POWERS INCLUDING ADDITIONAL AND REVISED METHODS OF OBTAINING FUNDING FOR THESE PURPOSES.
Senator MARTSCHINK explained the Bill.
On motion of Senator LEATHERMAN, the Bill was carried over.
H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SALEEBY, with unanimous consent, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
On motion of Senator LEATHERMAN, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 871 -- Senators Pope, Williams, Waddell, Setzler, Bryan and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator SETZLER moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Fielding
Gilbert Holland Land
Leventis Macaulay Martin
Matthews Mitchell Moore
Mullinax Patterson Peeler
Pope Reese Russell
Saleeby Setzler Washington
Wilson
Courson Drummond Giese
Helmly Leatherman Martschink
McConnell O'Dell Passailaigue
Rose Shealy Smith, N.W.
Stilwell Thomas
Not having received the necessary vote, the motion to make S. 871 a Special Order failed.
S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.
Senator MOORE moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney
Drummond Fielding Giese
Helmly Holland Land
Leatherman Leventis Macaulay
Martin Matthews McConnell
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Smith, N.W. Stilwell
Thomas Washington Wilson
Martschink Shealy
Gilbert
The Bill was made a Special Order.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the remainder of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator POPE explained the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (CYY\18901.SD) was adopted as follows:
Amend the resolution, as and if amended, by striking the first sentence of Section 9 of Article III of the Constitution of this State, as contained in Section 1, and inserting:
/Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the state capitol in the City of Columbia on the second Tuesday of February of each year, except that each house of the General Assembly may meet upon the call of the President Pro Tempore of the Senate or the Speaker of the House, respectively, for any period of time between the second Tuesday of January and the second Tuesday of February of that year./
Amend the resolution further, as and if amended, by striking Section 2 of the resolution and inserting:
/SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall convene at the state capitol in the City of Columbia on the second Tuesday of February of each year, except that each house of the General Assembly may meet upon the call of the President Pro Tempore of the Senate or the Speaker of the House, respectively, for any period of time between the second Tuesday of January and the second Tuesday of February of that year and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Senator PASSAILAIGUE proposed the following Amendment No. 1 (RES3127.01):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . It is proposed that Article X of the Constitution of this State be amended by adding an appropriately numbered section to read:
"Section ( ). No law enacted to maintain conformity of the state income tax with the provisions of the federal income tax may result in increases or decreases in the state income tax liability of similar representative classes of individual and corporate taxpayers."
SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article X of the Constitution of this State relating to finance and taxation be amended by adding an appropriately numbered section so as to provide that laws enacted to maintain conformity of the state income tax with the provisions of the federal income tax may not result in increases or decreases in the state income tax liability of similar representative classes of individual and corporate taxpayers?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator POPE raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator PASSAILAIGUE spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator SHEALY spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over in the status of Special Order with Senator PASSAILAIGUE retaining the floor.
At 1:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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