Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for this Country's annual observance of Memorial Day when we pause to honor America's noble defenders. We are grateful for remembrances which yesterdays bequeath us, bringing to our minds that we drink from cisterns we did not dig and eat from vineyards we did not plant. Keep us always reverently mindful of this day of remembrances, holding in our hands and hearts the evergreen of gratitude and the forget-me-not of appreciation. Keep us worthy of the sacrifice of those we remember, and may all of us work for a just and lasting peace.
"God bless America." Keep Her always "one Nation under God."
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HUTSON moved that when the House adjourns, it adjourn in memory of retired Colonel Robert Waddington Harnett of Summerville, which was agreed to.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 949 and the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
The Senate has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3915 and the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3566:
H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5068 -- Rep. Cotty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LONNIE B. NELSON OF RICHLAND COUNTY AND EXTENDING SYMPATHY TO HIS MANY FRIENDS AND ADMIRERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5069 -- Rep. Gamble: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE DISTINGUISHED CAREER IN EDUCATION OF MRS. JEAN RIVERS WESTBROOK OF WEST COLUMBIA IN LEXINGTON COUNTY ON THE OCCASION OF HER RETIREMENT AND WISHING FOR HER HEALTH AND HAPPINESS IN HER WELL-EARNED RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 5070 -- Reps. Scott, Breeland, J. Brown, T. Brown, Byrd, Canty, Cave, Clyburn, Cobb-Hunter, Govan, J. Hines, Howard, Inabinett, Kennedy, Lloyd, McMahand, Moody-Lawrence, Neal, L. Whipper, S. Whipper, White, Allison, Askins, Bailey, Baxley, Boan, G. Brown, H. Brown, Cain, Carnell, Cato, Chamblee, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, M. Hines, Hodges, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION FOR THE OUTSTANDING SERVICE IN THE HOUSE OF REPRESENTATIVES OF THE HONORABLE DEWITT WILLIAMS OF BERKELEY COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY.
Whereas, the Honorable Dewitt Williams has represented the citizens of Berkeley County, District Number 102, in the House of Representatives since 1983; and
Whereas, Representative Williams has been an exemplary House member; he has worked tirelessly for the citizens of his district and for the people of the State as a whole; and
Whereas, he is a greatly admired individual; he is known and highly regarded for his leadership, vision, hard work, kindness, generosity, and dedication; and
Whereas, he has chosen not to seek re-election to the House of Representatives in 1996; and
Whereas, he has enriched our lives while serving in the General Assembly and he has consistently exhibited every good quality in the realm of faithful public service. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express appreciation for the outstanding service in the House of Representatives of the Honorable Dewitt Williams of Berkeley County, our good friend and distinguished colleague in the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to Representative Williams.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5071 -- Reps. Scott, Breeland, J. Brown, T. Brown, Byrd, Canty, Cave, Clyburn, Cobb-Hunter, Govan, J. Hines, Howard, Inabinett, Kennedy, Lloyd, McMahand, Moody-Lawrence, Neal, L. Whipper, S. Whipper, White, Williams, Allison, Askins, Bailey, Baxley, Boan, G. Brown, H. Brown, Cain, Carnell, Cato, Chamblee, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, M. Hines, Hodges, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE RALPH ANDERSON OF GREENVILLE COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS EXEMPLARY LEGISLATIVE SERVICE.
Whereas, the Honorable Ralph Anderson of Greenville has represented the citizens of District Number 23 in the House of Representatives since 1991; and
Whereas, Representative Anderson has always worked for the well-being of his district and of the State as a whole; and
Whereas, he has devoted his time, talents, and energy to the people of South Carolina as a member of the General Assembly and has been a truly effective lawmaker; and
Whereas, he has chosen not to seek re-election to the House of Representatives in 1996; and
Whereas, we want him to know that we appreciate his friendship, his contributions to good government, and his dedication. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Ralph Anderson of Greenville County, our good friend and distinguished colleague in the General Assembly, for his exemplary legislative service.
Be it further resolved that a copy of this resolution be forwarded to Representative Anderson.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Hines, J. Hines, M. Howard Hutson Inabinett Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Witherspoon Wofford Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 28.
James H. Hodges Joseph H. Neal Richard M. Quinn, Jr. Juanita M. White David A. Wright June S. Shissias Becky Meacham Alma W. Byrd Joseph T. McElveen, Jr. Michael F. Jaskwhich Timothy C. Wilkes W. Jeffrey Young Daniel L. Tripp C. Alex Harvin III Harry R. Askins L. Morgan Martin
LEAVES OF ABSENCE
The SPEAKER granted Rep. KENNEDY a leave of absence for the week.
The SPEAKER granted Reps. HASKINS and HERDKLOTZ a leave of absence for the day.
The SPEAKER granted Rep. MARCHBANKS a leave of absence for the day.
Announcement was made that Dr. Dick Gross of Charleston is the Doctor of the Day for the General Assembly.
The following was received.
May 28, 1996
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, South Carolina 29201
Dear Mrs. McKinney:
Under date of May 24, 1996, the State Election Commission certified to this office the results of the election in House District Eighty-three, held in South Carolina on May 21, 1996. The Certification shows that Honorable Scott Beck has been elected to the South Carolina House of Representatives, District Eighty-three.
I, therefore, certify that Honorable Scott Beck has been elected as a member of the South Carolina House of Representatives from District Eighty-three, for a term as prescribed by law.
Yours very truly,
Jim Miles
Secretary of State
Received as information.
Mr. Scott Beck, member-elect from District Number 83, presented his credentials and the oath of office was administered to him by the SPEAKER.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.
Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted.
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.
The following Bill was taken up.
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.
Rep. LIMBAUGH moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. McTEER explained the Bill.
Rep. TOWNSEND moved to adjourn debate upon the Bill until Wednesday, May 29.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Beck Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Easterday Felder Fleming Fulmer Gamble Harrell Hutson Kelley Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Mason Quinn Rice Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Young-Brickell
Those who voted in the negative are:
Anderson Bailey Baxley Breeland Brown, G. Brown, J. Canty Carnell Cave Clyburn Cobb-Hunter Cotty Delleney Govan Hallman Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Inabinett Jennings Keyserling Kinon Kirsh Lee Lloyd McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Shissias Simrill Stoddard Tucker Whipper, L. Whipper, S. Wilder Williams Wright Young
So, the House refused to adjourn debate.
Further proceedings were interrupted by a request for Free Conference powers, the pending question being consideration of the Bill.
Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Beck Boan Brown, G. Brown, H. Brown, J. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McCraw McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Waldrop Walker Wells Whatley White Wilder Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Rogers Vaughn
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. DELLENEY, D. SMITH and FLEMING to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Chapter 19, Title 2 of the 1976 Code is amended to read:
Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session, including for members of the judiciary, a joint committee Judicial Merit Selection Commission, composed of eight members ten members, four of whom shall be members of the House of Representatives and four of whom shall be members of the Senate, shall be appointed, in the manner prescribed by this section, to consider the qualifications of the candidates. Each body shall determine how its respective members shall be selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice-chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of, or in opposition to, any of the candidates;
(4) procedures to review the qualifications of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek reelection;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice-chairman. Six members of the commission constitute a quorum at all meetings.
(B) Notwithstanding any other provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:
(1) five members appointed by the Speaker of the House of Representatives and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public;
(2) three members appointed by the Chairman of the Senate Judiciary Committee and two members appointed by the President Pro Tempore of the Senate and of these appointments:
(a) three members must be serving members of the General Assembly; and
(b) two members must be selected from the general public.
(C) In making appointments to the commission, race, gender, national origin, and other demographic factors should be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.
(D) The term of office of a member of the commission who is not a member of the General Assembly shall be for four years subject to a right of removal at any time by the person appointing him, and until his successor is appointed and qualifies. A member of the commission who is a serving member of the General Assembly shall serve for the term of office to which he has been elected.
(E) A vacancy on the Judicial Merit Selection Commission must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.
(F) No member of the commission shall receive any compensation for commission services, except those set by law for travel, board, and lodging expenses incurred in the performance of commission duties.
(G) No member of the Judicial Merit Selection Commission is eligible for nomination and appointment as a judge or justice of the state court system or administrative law judge division while serving on the commission and for a period of one year thereafter.
Section 2-19-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek such office from any candidate as provided by Section 2-19-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of such notices has expired.
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of same.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the state at large, each member of the General Assembly shall receive such notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriations act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section which the committee believes are appropriate.
Section 2-19-20. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to occur in the administrative law judge division and on the family court, circuit court, Court of Appeals, or Supreme Court and to expeditiously investigate in advance the qualifications of those who seek nomination. For purposes of this chapter, a vacancy is created in the administrative law judge division or on the family court, circuit court, Court of Appeals, or Supreme Court when any of the following occurs: a term expires; a new judicial position is created; or a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall occur, or receiving the decision of an incumbent judge regarding his seeking reelection, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission shall, if practicable, also notify the South Carolina Bar, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division or on the family court, circuit court, Court of Appeals, or Supreme Court. A person who may desire to be considered for nomination as justice or judge may make application to the commission. The commission shall announce the names of those persons who have applied.
(D) Any person wishing to seek an a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the joint committee Judicial Merit Selection Commission. Upon receipt of such the notice of intention, the joint committee commission shall begin to conduct such the investigation of the candidate as it deems considers appropriate and may in such the investigation utilize the services of any agency of State state government. Any such This agency shall, upon request, cooperate fully with the joint committee commission.
Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a family court, circuit court, Court of Appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such form as the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election.
Section 2-19-30. (A) Upon completion of the investigation, the chairman Chairman of the joint committee Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee commission. Such The statements shall must be furnished no later than forty-eight hours prior to before the date and time set for the hearing. The joint committee commission shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee commission, shall must be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be are subject to the penalties provided by law for perjury and false swearing.
(B) During the course of the investigation, the joint committee commission may schedule an executive session at which each candidate, and other persons whom the committee commission wishes to interview, may be interviewed by the joint committee commission on matters pertinent to the candidate's qualification for the office to be filled.
(C) A reasonable time thereafter the committee commission shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall must be transcribed and published in the Journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in such this event no further inquiry, report on, or consideration of his candidacy shall be made.
Section 2-19-35. Where a vacancy on a board of trustees of a college or university of this State, requiring election by the General Assembly to fill, has occurred for any reason other than expiration of the term and is unfilled at the beginning of an annual session of the General Assembly, a joint review committee to consider applicants for this vacancy and others of similar circumstances must be appointed within six legislative days after the annual session of the General Assembly convenes, and the election to fill this vacancy must occur within six weeks after the joint review committee is appointed unless no candidates for the office are offering for election who have been reviewed by the committee. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications of the candidates for judicial office in the administrative law judge division or on the family court, circuit court, Court of Appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
(B) In making nominations, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.
Section 2-19-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, and there appears to be no substantial reason for having a public hearing, whether or not he a candidate is be an incumbent, and no request is made by at least ten six members of the House of Representatives and five members of the Senate Judicial Merit Selection Commission for a public hearing, the joint committee commission chairman upon recommendation of the joint committee commission may determine that such the public hearing is unnecessary and it shall may not be held., but no election shall be held prior to such a determination.
Section 2-19-50. All records, information and other material that the joint committee Judicial Merit Selection Commission has obtained or used to make its findings of fact, except such materials, records, and information presented under oath at the public hearing, shall must be kept strictly confidential. After the joint committee commission has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential shall must be destroyed.
Section 2-19-60. The joint committee Judicial Merit Selection Commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed considered necessary in connection with the investigation of such joint committee the candidate.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee Judicial Merit Selection Commission on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that such the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee Judicial Merit Selection Commission may issue to such persons this person an order requiring him to appear before the joint committee commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the joint committee Judicial Merit Selection Commission and shall be signed by the joint committee commission chairman. Subpoenas shall be issued to such those persons as the joint committee commission may designate.
Section 2-19-70. (A) No member of the General Assembly may be elected to a judicial office while he is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may not be granted to a former member during the time his application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications of all candidates for that office have been determined by the judicial screening committee Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly, nor may a. No member of the General Assembly may offer the his pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting a person, before screening, to contact a member of the General Assembly on behalf of the candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may be considered by the screening committee merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by non-legislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545.
Section 2-19-80. Where the joint committee finds an incumbent judge for a family court, circuit court, court of appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates. (A) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, Court of Appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three candidates whom it considers best qualified for the judicial office under consideration. If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified for a vacancy, it shall submit to the General Assembly only the names and qualifications of those who are considered to be qualified, with a written explanation for submitting fewer than three names.
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for reelection and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.
(E) A period of at least three weeks must elapse between the date of the commission's nominations to the General Assembly and the date the General Assembly conducts the election for these judgeships.
Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches shall be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session.
Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications for continued judicial service and be found by the commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired.
Section 2-19-110. In order to be eligible to be appointed by the Governor to serve, a master-in-equity must have been reviewed by the Judicial Merit Selection Commission under the procedures established pursuant to this chapter and be found by the commission to be qualified to serve. If a nominee is found to be not qualified by the commission, the Governor shall submit another name to the General Assembly for consideration."
SECTION 2. Title 2 of the 1976 Code is amended by adding:
Section 2-20-10. Except as otherwise provided in Section 58-3-26, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable.
Section 2-20-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek the office from any candidate as provided by Section 2-20-10, until the clerk of the House or Senate, as appropriate, has certified that the proper notices required by this section have been published or provided or until the time for the publication of the notices has expired.
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of the vacancy.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the State at large, each member of the General Assembly shall receive the notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriation act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section, which the committee believes are appropriate.
Section 2-20-20. Any person wishing to seek an office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the joint committee. Upon receipt of the notice of intention, the joint committee shall begin to conduct investigation of the candidate as it considers appropriate and may in the investigation utilize the services of any agency of state government. The agency shall, upon request, cooperate fully with the joint committee.
Section 2-20-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. The hearing shall be conducted no later than two weeks prior to the date set in the election resolution for the election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. These statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.
As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the journals of both houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.
A candidate may withdraw at any stage of the proceedings, and in this event no further inquiry, report on, or consideration of his candidacy shall be made.
Section 2-20-35. Where a vacancy on a board of trustees of a college or university of this State, requiring election by the General Assembly to fill, has occurred for any reason other than expiration of the term and is unfilled at the beginning of an annual session of the General Assembly, a joint review committee to consider applicants for this vacancy and others of similar circumstances must be appointed within six legislative days after the annual session of the General Assembly convenes, and the election to fill this vacancy must occur within six weeks after the joint review committee is appointed unless no candidates for the office are offering for election who have been reviewed by the committee.
Section 2-20-40. Notwithstanding the provisions of this chapter, when there is no known opposition to a candidate, and there appears to be no substantial reason for having a public hearing, whether or not the candidate be an incumbent, and no request is made by at least ten members of the House of Representatives and five members of the Senate for a public hearing, the joint committee chairman upon recommendation of the joint committee may determine that a public hearing is unnecessary and shall not be held, but no election shall be held prior to this determination.
Section 2-20-50. All records, information, and other material that the joint committee has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, shall be kept strictly confidential. After the joint committee has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information, and material required to be kept confidential shall be destroyed.
Section 2-20-60. The joint committee in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of the joint committee.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee may issue to the person an order requiring him to appear before the joint committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the joint committee and shall be signed by the joint committee chairman. Subpoenas shall be issued to those persons as the joint committee may designate."
SECTION 3. Section 20-7-1370(A) of the 1976 Code, as last amended by Act 17 of 1989, is further amended to read:
"(A) No person shall be eligible to the office of family court judge who is not at the time of his assuming the duties of such office a citizen of the United States and of this State, and has not attained the age of twenty-six thirty-two years, has not been a licensed attorney at law for at least five eight years, and has not been a resident of this State for five years next preceding his election, and is not a resident of the circuit wherein the family court of which he is a judge is located. Notwithstanding any other provision of law, any former member of the General Assembly may be elected to the office of family court judge.
Any family court judge serving in office on the effective date of the provisions of this section requiring a family court judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to the office of family court judge."
SECTION 4. Section 14-1-215 of the 1976 Code is amended to read:
"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened reviewed in the manner provided in Section 2-19-10 et seq. and found by the committee commission to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further screening review of that justice or judge is required until that term would have expired.
(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals Judge, Circuit Court Judge, or Family Court Judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 and found by the committee to be qualified to serve."
SECTION 5. Section 14-11-20 of the 1976 Code is amended to read:
"Section 14-11-20. Masters-in-equity must be appointed by the Governor with the advice and consent of the General Assembly for a term of six years and until their successors are appointed and qualify. No person is eligible to hold the office of master-in-equity who is not at the time of his appointment a citizen of the United States and of this State, has not attained the age of twenty-six thirty-two years upon his appointment, has not been a licensed attorney for at least five eight years upon his appointment, and has not been a resident of this State for five years immediately preceding his appointment, and has not been found qualified by the Judicial Merit Selection Commission.
Each master-in-equity of this State qualifies by taking the oath required by the Constitution of this State before a justice of the Supreme Court, a judge of the Court of Appeals, the President of the Senate, the Speaker of the House of Representatives, a circuit judge, the Clerk of the Supreme Court, a clerk of the Court of Common Pleas, or a probate judge of the county and immediately enters upon his duties. The oath must be filed in the office of the Secretary of State.
A full-time master-in-equity is prohibited from engaging in the practice of law. A part-time master-in-equity may practice law but is prohibited from appearing before another master-in-equity. A standing master-in-equity may not serve as the probate judge of any county."
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. (A) This act, except as otherwise provided in subsections (B), (C), and (D) of this section, takes effect July 1, 1997, and is contingent upon a ratification of an amendment to Article V of the Constitution of this State authorizing the establishment of a Judicial Merit Selection Commission to assist the General Assembly in the election of Supreme Court justices, judges of the Court of Appeals and the circuit court, and judges of other courts of this State who are elected by the General Assembly.
(B) Notwithstanding the provisions of subsection (A), upon the approval of this act by the Governor, the powers, duties, and responsibilities of the Joint Committee to Review Judicial Candidates pursuant to Chapter 19 of Title 2 of the 1976 Code are hereby devolved upon the Judicial Merit Selection Commission established by this act and for this purpose the members of the Judicial Merit Selection Commission may be appointed and at this time the commission may organize and adopt rules of procedure. The commission in performing these screening duties shall apply existing provisions of law as applicable without regard to the provisions as added by this act, and its findings as to candidates' qualifications shall be advisory only and not binding on the General Assembly in the same manner the findings of the legislative screening committee for judicial candidates in regard to their qualifications applied to the General Assembly.
When the amendment to Article V of the Constitution authorizing the establishment of the commission is ratified, the commission shall begin making binding nominations to the General Assembly for judicial vacancies which occur on or after July 1, 1997, in the manner provided in this act. If this amendment to Article V of the Constitution authorizing the establishment of the commission is not ratified, the commission after July 1, 1997, shall continue to act as the legislative screening committee for judicial vacancies which are filled by election of the General Assembly as above provided.
(C) Section 3 of this act takes effect upon ratification of an amendment to Section 15 of Article V of the Constitution of this State providing for a thirty-two-year-old age requirement and an eight-year requirement as a licensed attorney at law for Supreme Court justices and judges of the Court of Appeals and the circuit court.
(D) Sections 4 and 5 take effect upon approval of this act by the Governor./
Amend title to conform.
/s/Glenn F. McConnell /s/Francis G. "Greg" Delleney, Jr. /s/Thomas L. Moore /s/William D. "Doug" Smith /s/John E. Courson /s/Ronald N. Fleming On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was out of the Chamber when the vote was taken on H. 3961. As a longtime advocate of judicial reform, including many changes that are addressed by this Bill, I ask that I be reflected as voting "yes".
Rep. JOSEPH T. McELVEEN, JR.
I was in the Senate Chamber when H. 3961 was given two-thirds affirmative vote for consideration of the Conference Report. I was following my Convicted Felon Bill on the Senate floor. Had I been here, I would have voted in favor of Free Conference like I did earlier as well as having voted in favor of the Conference Report.
Rep. JAMES L.M. CROMER, JR.
I did not vote for H. 3961 giving Free Conference powers nor for the Conference Report because I believe the Bill to be a form of systemic discrimination against minorities and females, especially African-Americans. These two groups are few in number in the General Assembly and would not be able to compete fairly with the white male majority members of the General Assembly who hold power.
Although a non-discrimination proviso exist in the Bill to be applied to the Selection panel and also to the elimination process for qualified candidates, the prohibition against building support for one's candidate through pledges in essence works against minorities.
We have not reached the stage of human existence where there is assurance that race or sex is not a factor in the decision making process. As written the Judicial Reform Bill only builds in the advantages of the majority power.
I agree that Legislators should retire before running for Judgeship; I also agree that a Panel should include non-Legislators. However, I cannot vote for legislation that creates additional hardship for African-Americans and their aspirations.
Rep. LUCILLE S. WHIPPER
Rep. DELLENEY moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Beck Boan Brown, G. Brown, H. Brown, J. Byrd Cain Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. DELLENEY, D. SMITH and FLEMING to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. It is proposed that Article V, Section 15 of the Constitution of South Carolina, 1895, be amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the Circuit Court circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least twenty-six thirty-two years, has not been a licensed attorney at law for at least five eight years, and has not been a resident of this State for five years next preceding his election.
Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney for purposes of future reelections to that judicial office."
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 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to eight the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?
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'."
SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period to be established by law."
SECTION 4. 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 Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period established by law?
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.
/s/Glenn F. McConnell /s/F. G. Delleney, Jr. /s/Thomas L. Moore /s/William Douglas Smith /s/John E. Courson /s/Ronald N. Fleming On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I was in the Senate Chamber when H. 3962 was given two-thirds affirmative vote for consideration of the Conference Report. I was following my Convicted Felon Bill on the Senate floor. Had I been here, I would have voted in favor of Free Conference like I did earlier as well as having voted in favor of the Conference Report.
Rep. JAMES L.M. CROMER, JR.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking Section 16-3-1535 of the 1976 Code as contained in SECTION 1 and inserting:
/Section 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that lists the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530./
Amend the bill further, as and if amended, by striking SECTION 8 and inserting:
/SECTION 8. Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof./
Amend title to conform.
/s/David L. Thomas /s/William F. Cotty /s/Darrell Jackson /s/Jerry N. Govan, Jr. /s/Larry A. Martin /s/Sandra S. Wofford On Part of the Senate. On Part of the House.
Rep. WOFFORD explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. YOUNG-BRICKELL moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The following was received from the Senate.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 943:
S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION TO AMEND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Very respectfully,
President
On motion of Rep. KNOTTS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HODGES, FELDER and KNOTTS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the following Bill until Wednesday, May 29.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Beck Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Kelley Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Mason McAbee McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Delleney Harris, P. Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kinon Kirsh Lee Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Simrill Stoddard Tucker Whipper, S. White Wilder Wright
So, the motion to adjourn debate was agreed to.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
Rep. J. BROWN explained the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill, which was adopted.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.
The motion of Rep. LANFORD to reconsider the vote whereby the following Bill was continued was taken up.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. SHARPE moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Boan Brown, G. Brown, H. Brown, J. Chamblee Cooper Dantzler Delleney Easterday Felder Fleming Gamble Harris, P. Hines, J. Inabinett Kinon Kirsh Koon Law Littlejohn Lloyd Loftis McAbee McCraw McKay Neilson Phillips Quinn Rhoad Rice Riser Robinson Sharpe Spearman Stoddard Stuart Townsend Trotter Vaughn Waldrop Walker Wilder Wilkins Witherspoon Wofford
Those who voted in the negative are:
Anderson Baxley Beck Breeland Byrd Canty Cato Cave Clyburn Cotty Cromer Davenport Govan Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Kelley Keyserling Klauber Lanford Lee Limbaugh Limehouse Martin Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Stille Tucker Whatley Whipper, S. White Williams Wright Young Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beck Breeland Brown, J. Byrd Canty Cato Cave Clyburn Cotty Cromer Davenport Fulmer Govan Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Kelley Keyserling Kinon Klauber Lanford Lee Limbaugh Limehouse Martin Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Stille Tucker Whatley Whipper, L. Whipper, S. White Williams Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Boan Brown, G. Brown, H. Chamblee Cooper Dantzler Delleney Easterday Felder Fleming Gamble Harris, P. Hines, J. Inabinett Kirsh Koon Law Littlejohn Lloyd Loftis McAbee McCraw McKay Neilson Phillips Quinn Rice Riser Robinson Sharpe Spearman Stoddard Stuart Trotter Vaughn Waldrop Walker Wilder Witherspoon
So, the motion to reconsider was agreed to.
I was out of the Chamber when the votes on tabling the motion to reconsider and reconsidering the vote on H. 3446 were taken. I would have voted no to tabling the motion to reconsider and yes to reconsidering the vote whereby H. 3446 was continued.
Rep. GILDA COBB-HUNTER
I was off the floor and missed one of the reconsideration votes on H. 3446. Had I been present, I would have voted to support the position of the S.C. Farm Bureau to continue.
Rep. C. ALEX HARVIN III
Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. FULMER objected.
Rep. SIMRILL asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. McELVEEN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.
Rep. COTTY objected.
Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.
Rep. HALLMAN objected.
Rep. TUCKER asked unanimous consent to recall S. 265 from the Committee on Judiciary.
Rep. KOON objected.
Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.
Rep. SCOTT objected.
The veto on the following Act was taken up.
(R382) H. 4159 -- Ways and Means Committee: AN ACT TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
Rep. KIRSH moved to adjourn debate upon the veto until Wednesday, May 29, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. WITHERSPOON moved to adjourn debate upon the Senate amendments until Wednesday, May 29, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION.
Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\9440AC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Chapter 57, Title 40 of the 1976 Code is amended to read:
SECTION 40-57-10. As used in this chapter:
(1) 'Broker' means any person who for a fee, commission, or other valuable consideration, or with the intent or expectation of receiving a fee, commission, or consideration, negotiates or attempts to negotiate the listing, sale, auction, purchase, exchange, or lease of any real estate or of the improvements thereon, or negotiates or attempts to negotiate, or solicits or attempts to solicit, a referral with respect to the foregoing activities, or collects rents or attempts to collect rents, or who advertises or holds himself out as engaged in any of the foregoing activities. The term includes the activity provided in subsections (3) and (4) of this section. The term also includes any person employed by or on behalf of the owner of real estate to conduct the sale, auction, leasing, or other disposition thereof at a salary or for a fee, commission, or any other consideration. It also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby he undertakes primarily to promote the sale of real estate through its listing in a publication issued primarily for such purpose or for referral of information concerning the real estate to brokers, or both.
(2) 'Broker-in-charge' means the broker who is designated as having the responsibility over the actions of all brokers, salesmen, and property managers licensed under him and also the responsibility, control, and liability over any real estate trust or escrow accounts.
(3) 'Salesman' means any person employed or engaged under contract by or on behalf of a licensed broker to participate in any activity included in subsection (1) of this section for compensation or otherwise. The term includes activity provided in subsection (4) of this section.
(4) 'Property manager' means any person who for a fee, commission, or other valuable consideration, or with the intent or expectation of receiving a fee, commission, or consideration, negotiates, or attempts to negotiate the rental, exchange, or leasing of any real estate or of the improvements thereon; or the listing of exchanges, rentals, or leases; or collects rents or attempts to collect rents; or who advertises or holds himself out as engaged in any of the foregoing activities.
The term also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby he undertakes to promote the renting or leasing through its listing in a publication issued primarily for this purpose, or for referral of information concerning the rentals or leases.
An employee of the owner of rental property may perform the following duties without securing a property manager license. Such employee to be exempt from licensing is restricted as follows:
1. Must be an employee of the owner whose compensation for services shall be on a salary basis and not on a commission basis.
2. Employee may only exhibit a rental property to prospective tenants, accept applications for leases, and furnish such prospective tenants with information relative to the rental of such units. The activities must be further restricted as follows:
(a) No binding contracts may be negotiated, drawn, or signed by the employee.
(b) The employee may only accept and receipt for rental payments or deposits that are made payable to the owner.
(c) The employee may not hold himself out as a property manager.
(5) 'Property manager-in-charge' means the property manager who is designated as having the responsibility over the actions of all property managers licensed under him and also the responsibility, control, and liability over any real estate trust or escrow accounts.
(6) 'Person' means individuals, corporations, partnerships, or associations, foreign and domestic.
(7) 'Real estate' means leaseholds, as well as any other interest in land, whether corporeal, incorporeal, freehold, or nonfreehold, and whether the real estate is situate in this State or elsewhere.
SECTION 40-57-20. It is unlawful for any person to act as a real estate broker, counsellor, real estate salesman, property manager, or real estate auctioneer or to advertise or assume to act as such without first having obtained a license issued by the Real Estate Commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or by imprisonment for a term of not more than six months, or both, in the discretion of the court.
SECTION 40-57-30. The provisions of this chapter do not apply to any transaction involving the sale, rental, or leasing of real estate by anyone who is the owner thereof or who owns any interest therein, if the legal ownership interest in the real estate being sold, rented, or leased is identical to the owner's legal interest, or to the attorney at law of the owner acting within the scope of his duties. Ownership of stock in a corporation is not ownership of an interest in real estate owned by the corporation and does not exempt the stockholder from the provisions of this chapter, unless the stockholder owns or controls at least ten percent of the stock of the corporation.
SECTION 40-57-40. The provisions of this chapter are applicable only to those persons holding themselves out to the public as real estate brokers, counsellors, auctioneers, real estate salesmen, and property managers and shall not apply to agencies and instrumentalities of the state or federal government nor to employees of any lender or public officials making appraisals for federal, state, and local units of the government.
SECTION 40-57-50. The legislative delegations, including the Senators of the counties comprising each congressional district shall select a person experienced in real estate transactions to serve on the Real Estate Commission of South Carolina to establish the policy, and to issue general rules and regulations in carrying out the provisions of this chapter. The members of the commission shall serve for terms of four years, or until their successors shall have been selected and qualified. The members of the commission shall select one member from the State at large, and shall elect a chairman and vice-chairman from their membership. In addition to the real estate members on the board effective July 1, 1978, two persons not professionally engaged in the real estate business shall be appointed to the board by the Governor, with the advice and consent of the Senate. The terms of the public members shall be for four years and until successors are appointed and qualify. The two public members shall be appointed to assume office July 1, 1978.
SECTION 40-57-60. The Real Estate Commission shall receive no salary, but shall be allowed such per diem, subsistence and mileage as is authorized by law for members of boards and commissions.
SECTION 40-57-70. In order to carry out the provisions of this chapter, the Real Estate Commission shall retain such fees and other funds as may come into its possession.
SECTION 40-57-80. The Director of the Department of Labor, Licensing, and Regulation shall appoint any employees as may be necessary to carry out the work of the Real Estate Commission and the South Carolina Real Estate Appraisers Board defined in Section 40-60-20.
SECTION 40-57-90. Licenses as real estate broker, counsellor, real estate salesman, auctioneer, or property manager must be granted only to persons who submit satisfactory proof to the commission that they are trustworthy and bear a good reputation for honesty and fair dealing, and are competent to transact the business of a real estate broker, counsellor, real estate salesman, auctioneer, or property manager in that manner as to safeguard the interest of the public. A person applying for a license or an examination shall first submit to a credit report and satisfy requirements established by regulation. A real estate salesman must be employed by a real estate broker-in-charge in order to be licensed.
SECTION 40-57-100. (1) Any person desiring to act as a real estate broker, counsellor, salesman, property manager, or auctioneer shall file with the Real Estate Commission an application in writing upon that form and with that detail as the South Carolina Real Estate Commission prescribes, and each applicant shall first pass to the satisfaction of the commission the examination prescribed, unless he is exempt therefrom.
(2) Prerequisites for taking an examination for the broker's license are a minimum of three years of actual experience immediately preceding application as a licensed real estate salesman in this State or in another state having similar requirements and successful completion of at least ninety hours of instruction, including time spent on examinations. The ninety hours include the required sixty hours of instruction for a real estate salesman's license in the basic fundamentals of real estate and other related matters, all as specified by the Real Estate Commission and conducted by:
(a) a university or duly accredited college wherever situated if the credits were earned within five years prior to license application. For purposes of computing required hours of classroom instruction, one credit equals ten classroom hours; or
(b) a bona fide business school situated in this State and approved by the commission; or
(c) an institution, organization, or association approved by the commission; or
(d) correspondence where the course of instruction is part of an extension department of an accredited college or university.
(3) In lieu of the above prerequisites for the taking of a broker's license examination, an applicant may furnish to the commission evidence of one of the following:
(a) a baccalaureate degree with a major in real estate from an accredited college or university, or a Juris Doctor, or Bachelor of Laws degree;
(b) proof acceptable to the commission of at least five years of equivalent experience preceding license application in business activities closely related to real estate transactions.
(4) Upon satisfactorily passing the broker's examination, the applicant shall apply for his broker's license within ninety days from the examination date. Failure to do so will result in the applicant being required to reapply and be reexamined for his broker's license.
(5) As a prerequisite to taking the first year real estate sales examination, every applicant shall furnish evidence satisfactory to the Real Estate Commission of successful completion of thirty classroom hours of instruction in the fundamentals of real estate as prescribed by subsection (2). Upon passing the first year real estate sales examination, a first year real estate sales license must be immediately issued.
(6) Within one year of passing the first year exam each applicant shall satisfactorily complete an additional thirty hours of instruction in order to qualify for the final sales examination. The applicant also shall have held his first year real estate sales license in an active status for no less than a total of twelve months prior to taking the final sales examination and his license must be active at the time of taking the examination. The final sales examination must be taken not less than twelve nor more than fifteen months following the first year examination. Failure to meet these requirements will result in the cancellation of the first year sales license.
(7) In lieu of the classroom hours required for a final sales license, an applicant may furnish to the commission one of the following:
(a) satisfactory evidence of at least three years' experience within the past five years in real estate transactions acceptable to the commission;
(b) evidence that he has successfully completed at least six credit hours in real estate or real estate related subjects at an accredited college or university;
(c) evidence of a Juris Doctor or Bachelor of Laws degree.
(8) As a prerequisite to taking the property manager's examination, every applicant shall furnish evidence satisfactory to the Real Estate Commission of successful completion of thirty classroom hours of instruction in the fundamentals of real estate property management, all as specified by the Real Estate Commission and conducted by:
(a) a university or duly accredited college wherever situated, if the credits were earned within five years prior to license application. For purposes of computing required hours of classroom instruction, one credit equals ten classroom hours; or
(b) a bona fide business school situated in this State and approved by the commission; or
(c) an institution, organization, or association approved by the commission; or
(d) correspondence where such course of instruction is part of an extension department of an accredited college or university.
(9) In lieu of the above prerequisites for the taking of a property manager's license examination, an applicant may furnish to the commission evidence of one of the following:
(a) a baccalaureate degree with a major in real estate from an accredited college or university, or a Juris Doctor, or Bachelor of Laws degree;
(b) satisfactory evidence of at least three years' experience within the past five years in business activities closely related to real estate property management transactions.
SECTION 40-57-110. In addition to the proof of honesty, integrity, truthfulness, and good reputation of an applicant for a license, either real estate broker, counsellor, salesman, property manager, or auctioneer, the applicant shall submit to a written examination to be prepared and conducted by the commission or an institution designated by the commission.
SECTION 40-57-115. (A) The commission, through its regulations and guidelines, shall establish standards relative to the establishment and conducting of all education courses required by this chapter and the review, approval, or regulation of schools, organizations, associations, institutions, or instructors offering these courses including, but not limited to, sponsorship by accredited colleges, universities, and private business entities and organizations; establishment, approval, and review of curriculum; instructors; hours of attendance; classroom facilities; enrollment and cancellation policies; texts; examinations; certificates of completion; and other operating procedures.
(B) The commission, by regulation, shall establish reasonable fees relative to the review, approval, or regulation of schools, organizations, associations, institutions, or instructors offering the education courses required by this chapter.
(C) The commission may deny, reprimand, fine, suspend, or revoke the approval of an instructor or school, organization, association, institution, or other educational provider if, after a hearing, the commission finds that the applicant, instructor, or educational provider has violated or failed to satisfy the provisions of this chapter or the regulations and guidelines established under this chapter.
SECTION 40-57-120. The commission shall issue licenses for three classifications: one for each real estate broker; one for each real estate salesman; and one for each property manager. The commission shall issue designated licenses within each classification as necessary and as established by regulation. No person may be licensed in more than one classification at any one time.
SECTION 40-57-130. This chapter shall not apply to foresters registered under the provisions of Chapter 27 of Title 48, so long as the sale of any land is merely incidental to the sale of timber thereon.
SECTION 40-57-140. (A) A nonresident of this State may become a real estate broker, real estate salesman, or property manager upon complying with all the provisions and conditions of this chapter. A person who is licensed as a real estate broker, real estate salesman, or property manager in another state, territory of the United States, or the District of Columbia shall submit a certificate of licensure from the real estate regulatory authority from the other jurisdictions at the time of filing an application for examination and copies of the records of any disciplinary actions taken against the applicant's license. In the application for examination, all questions of equivalency of academic and experience requirements of other states, territories, or the District of Columbia must be determined by the commission and, at the discretion of the commission, the nonresident applicant must comply with additional requirements specified by the commission.
(B) The commission may enter into reciprocal agreements with real estate regulatory authorities of other states which provide for waivers of education requirements or examinations if the commission considers the education and examination requirements of another state to be substantially equivalent to the requirements of this chapter and its regulations.
(C) A nonresident real estate salesman license may not be granted to an applicant unless that applicant is affiliated with a resident or nonresident broker licensed by the commission. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of the nonresident is canceled unless he places the license on inactive status or affiliates with another broker licensed by the commission.
(D) A nonresident is not required to maintain a place of business in this State if he maintains an active place of business in the state of domicile. Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in a judicial circuit of the state in which a cause of action may arise or in which the plaintiff may reside, by the service of a process or pleading, authorized by the laws of this State, on the chairman of the commission or any authorized assistant or deputy appointed by the Director of the Department of Labor, Licensing, and Regulation, the consent stipulating and agreeing that the service of the process or pleading must be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in the State of South Carolina. If the process or pleadings mentioned in this chapter are served upon the chairman of the commission or any authorized assistant or deputy appointed by the Director of the Department of Labor, Licensing, and Regulation, it must be by duplicate copies, one of which must be filed in the office of the commission and the other immediately forwarded by the commission by registered or certified mail to the applicant against whom the process or pleadings are directed, at the last known address of the applicant as shown by the records of the commission.
(E)
(1) A resident licensee who becomes a nonresident, within sixty days, must notify the commission in writing of the change in residency and comply with nonresident requirements or place his license on inactive status to avoid cancellation of his license.
(2) A nonresident licensee who becomes a resident of South Carolina, within sixty days, must notify the commission in writing of the change in residency and comply with the requirements of this chapter or place his license on inactive status to avoid cancellation of his license.
(3) Failure to notify the commission of the change in residency and compliance with the requirements of this section is a violation of the license law subject to the penalties as provided by Section 40-57-170.
(F) All nonresident applicants and licensees must comply with all requirements of commission regulations and of this chapter. The commission may adopt regulations necessary for the regulation of nonresident licensees.
SECTION 40-57-145. A nonresident holding a license on the effective date of this act is not required to meet the prelicense education and examination requirements of Sections 40-57-100 and 40-57-110 of the 1976 Code in order to continue to hold a license after that date unless he allows the license to lapse or applies for a license that requires passing a different qualifying examination.
SECTION 40-57-150. The Real Estate Commission is authorized to establish license and application fees by regulation. None of the license fees provided for is in lieu of any business license fees or taxes imposed by a municipality. In addition to the fees authorized by this section, the Commission is authorized to contract with a state-funded institution of higher learning to conduct examinations for the Commission and the institution is authorized to charge and collect examination fees, not to exceed the reasonable cost to conduct examinations, which must be retained by the institution to defray the cost of conducting those examinations.
The Real Estate Commission may allocate a sum of up to five dollars from each real estate broker's, salesman's, and property manager's annual renewal fee to the South Carolina Real Estate Commission Education and Research Fund to be used: (1) to carry out the advancement of education and research for the benefit of those licensed under the provisions of this chapter and for the improvement and increased efficiency of the real estate industry in this State; (2) to provide for the analysis and evaluation of factors which affect the real estate industry in South Carolina; and (3) to provide for the dissemination of the results of the research.
The funds collected from the fee authorized in the above paragraph must be deposited in a special fund by the State Treasurer to be used exclusively for the purposes provided in the above paragraph. Withdrawals from the fund must be made upon the written request of the South Carolina Real Estate Commission.
SECTION 40-57-155. (A) As a condition of license renewal, a broker or sales agent must satisfactorily complete eight hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission. The eight hours must include a minimum of two hours of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the eight-hour requirement before returning to active status.
(B) A licensee may receive continuing education credit for courses taken under a continuing legal education program, provided such courses relate directly to real estate law in South Carolina and have been preapproved by the commission as meeting the criteria for continuing real estate education. Credit for such courses is subject to approval by the commission.
(C) The commission shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.
(D) Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:
(1) an annual filing fee of fifteen dollars;
(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement;
(3) a fee of one hundred dollars for each course approved;
(4) a fee of one hundred dollars for each instructor approved;
(5) a fee of fifty dollars for each course approval renewal;
(6) a fee of fifty dollars for each instructor approval renewal.
(E) The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.
(F) This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.
(G) All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law.
(H) A licensee upon reaching the age of sixty-five, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section.
SECTION 40-57-160. It is the duty of the commission to issue a license to engage in the business of real estate broker, counsellor, salesman, property manager, or auctioneer to all applicants who are duly qualified under, and who comply with, all requirements of this chapter and all regulations of the commission. The license must be in that form and size as the commission prescribes and must not be transferable. The licenses expire annually.
SECTION 40-57-170. (A) The commission may upon its own motion or a verified complaint together with evidence, documentary or otherwise, presented in connection therewith, making out a prima facie case, investigate the actions of any real estate broker, counsellor, salesman, auctioneer, property manager, or any person who has unlawfully assumed to act in either capacity within this State and has the power to suspend, revoke, and cancel any license issued under the provisions of this chapter and assess fines at any time where the licensee has by material misrepresentation obtained a license, or where the licensee is found by the commission to be guilty of any of the following acts:
(1) making any substantial misrepresentation;
(2) making any false promises of a character likely to influence, persuade, or induce;
(3) pursuing a continued and flagrant course of misrepresentation, or making false promises through agents or salesmen or any medium of advertising, or otherwise;
(4) any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness, or incompetency in a manner as to endanger the interest of the public;
(5) acting for more than one party in a transaction without the knowledge of all parties for whom he acts;
(6) acting in the dual capacity of broker and undisclosed principal in any transaction;
(7) representing or attempting to represent, if a salesman, a real estate broker other than his employer without the express knowledge and consent of his employer;
(8) guaranteeing or authorizing or permitting any person to guarantee future profits which may result from the resale of real property;
(9) making of dual sets of contracts, written or otherwise, which would falsify the transaction by stating a sales price higher than the actual sales price in an effort to obtain a larger loan from any lender or lending institution or for the purpose of misinforming any governmental agency;
(10) being convicted in any court of competent jurisdiction of this State, any other state, or any federal court of forgery, embezzlement, breach of trust, larceny, obtaining money or property under false pretense, extortion, fraud, conspiracy to defraud, or any other offense involving moral turpitude, or pleading guilty or nolo contendere to any such offense;
(11) failing, within a reasonable time, to account for or to remit any monies coming into his possession which belong to others;
(12) paying a commission or compensation to any person for performing the services of a real estate broker, salesman, or property manager who has not first secured his license under the South Carolina Real Estate Licensing Act. A South Carolina licensed broker may pay a part of his commission on a cooperative basis to a licensed broker of another state if the nonresident broker does not conduct in this State any of the negotiations for which a fee, compensation, or commission is paid;
(13) failing, if a broker, to place, within forty-eight hours of receipt, excluding Saturdays, Sundays, and bank holidays, any deposit money or other money received by him in a real estate transaction in a separate real estate trust or escrow account maintained by him in a banking institution authorized to do business in this State, wherein the funds must be kept until the transaction is consummated or otherwise terminated, at which time a full accounting thereof must be made by the broker. Records relative to the deposit, maintenance, and withdrawal of the funds must be properly maintained and made available to a representative of the South Carolina Real Estate Commission upon request;
(14) violating any provision of law relating to a buyer's freedom of choice in choosing an attorney, insurance agent, or title insurance agent to handle his real estate transaction;
(15) failing, if a broker or property manager, to deposit all security deposits, damage deposits, advance fees, and rental proceeds received by the broker or property manager within forty-eight hours of receipt, excluding Saturdays, Sundays, and bank holidays, in a separate escrow or real estate trust account so designated. All these funds except rental proceeds shall remain until the lease or rental transaction expires or is terminated, at which time a full accounting must be made by the broker or property manager. Rental proceeds must be disbursed within a reasonable time after deposit and clearance of the deposit by the bank. Records relative to the receipt, deposit, maintenance, and withdrawal of the funds must be properly maintained and made available to a representative of the South Carolina Real Estate Commission upon request;
(16) failing, if a licensee, to report to the commission in writing by certified mail, return receipt requested, within ten days after receipt by the licensee of those convictions set forth in item (10) of this subsection;
(17) a real estate licensee shall disclose on a form approved by the commission for which party he is acting and may not receive compensation from more than one party except with the full knowledge and consent of all parties;
(18) violating any regulation promulgated by the commission.
(B)
(1) The commission may make any public or private investigation which it considers necessary to determine whether any person has violated this chapter or any order or regulation hereunder, or to aid in the enforcement of this chapter or in the prescribing of regulations and forms thereunder.
(2)The commission may require or permit any person to file a statement in writing, under oath or otherwise as the commission determines, as to all facts and circumstances concerning the matter to be investigated.
(3) For the purpose of any investigation or proceeding under this chapter, the commission or any officer designated by regulation may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
(4) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the commission, through the Attorney General, may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an order compelling compliance.
(C) The commission may:
(1)issue an order requiring a person to cease and desist from any unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter if, after notice and hearing, the commission determines that a person has:
(a) violated any provisions of this chapter.
(b) directly or through any agent or employees knowingly engaged in any false, deceptive, or misleading practices in the sale or rental of real estate, including advertising and promotions.
(c) violated any lawful order or rule of the commission.
(2) make findings of fact in writing that the public interest will be irreparably harmed by delay in issuing an order and in such case may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission, whenever possible by telephone or otherwise, shall give notice of the proposal to issue a cease and desist order to the person. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent.
SECTION 40-57-180. Before refusing, suspending, or revoking any license and before issuing any public or private reprimand or assessing any fines, the commission shall notify the applicant or licensee of the charges against him and must grant him an opportunity to be heard. The hearing must be held not less than thirty days nor more than ninety days after the applicant or licensee is notified of the charges against him. If charges are brought against a salesman, his broker must also be notified of the charges. Hearing of the charges must be at the time and place designated by the commission and must be conducted in accordance with the State Administrative Procedures Act. The hearing must be attended by at least five members of the Real Estate Commission, including the member from the congressional district in which the applicant or licensee resides.
SECTION 40-57-190. The commission or any authorized assistant or deputy appointed by the Director of the Department of Labor, Licensing, and Regulation shall have power to administer oaths and to issue subpoenas for the attendance of witnesses and the production of books, records, accounts, and papers.
SECTION 40-57-200. The commission shall render a decision on any complaint within sixty days from the final hearing on such complaint and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the party or parties by whom the complaint was made. If such ruling shall be to the prejudice of, or shall injuriously affect the licensee, the commission shall also state in such notice the date upon which the ruling or decision shall become effective, and such date shall be not less than thirty days after the date of the notice.
SECTION 40-57-210. The commission shall maintain a public docket or other record, in which the commission shall record, from time to time as made, the rulings or decisions upon all complaints filed with the commission, and all investigations instituted by the commission in the first instance, upon or in connection with which any such hearing shall have been had, or in which the licensee charged shall have made no defense.
SECTION 40-57-220. Every applicant or licensee aggrieved by a decision of the commission in refusing, suspending, or revoking any license or in issuing reprimands provided under the provisions of this chapter may appeal from the decision of the commission to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
SECTION 40-57-230. After the revocation of any license, no new license shall be issued to the same licensee, within a period of one year from and after the date of such revocation, nor at any time thereafter except upon an affirmative vote of at least a majority of the members of the Commission.
SECTION 40-57-240. Any real estate broker, counsellor, salesman, auctioneer, or property manager who fails to renew or register his license annually and continues to engage in such business is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment of not more than six months, or both, in the discretion of the court.
SECTION 40-57-250. After a hearing as provided for in Section 40-57-170, or after entering a plea of guilty in lieu of hearing, a licensee adjudged to be in violation of the provisions of Section 40-57-170 of this chapter, or of any regulation or order promulgated under the authority of this chapter, may be required by the Commission to pay a penalty of not less than twenty-five dollars nor more than five hundred dollars to be assessed and collected by the Commission in addition to such sanctions as set forth in Section 40-57-170. Any party penalized under this subsection has the right of review as provided for in Section 40-57-220.
SECTION 40-57-270. (A) The fact or suspicion that a property may be or is psychologically impacted, as a result of facts or suspicions that the death of an occupant of the real property has occurred or may have occurred upon the real property, or the manner of death where death has occurred, or that an occupant was inflicted with or died from Human Immuno-deficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place is not a material fact that must be disclosed in a real estate transaction.
(B) No cause of action may arise against an owner of real estate or his agent for the failure to disclose to the transferee that the transferred property was psychologically impacted as described in subsection (A) of this section.
(C) This section does not relieve an owner or agent of an obligation to disclose the physical condition of the premises.
(D) Nothing in this section immunizes an owner or his agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning psychological impacts or stigmas associated with real property.
SECTION 40-57-280. Notwithstanding any other provision of law:
(1) All monies received by a property manager as agent for his principal in a real estate transaction must be deposited within forty-eight hours of receipt, excluding Saturdays, Sundays, and bank holidays, in a separate escrow or real estate trust account so designated.
(2) All monies received by a broker as agent for his principal in a real estate transaction must be deposited in a separate escrow or real estate trust account so designated as follows:
(a) all cash monies or certified funds must be deposited within forty-eight hours of receipt, excluding Saturdays, Sundays, and bank holidays;
(b) all other monies must be deposited within forty-eight hours of receipt, excluding Saturdays, Sundays, and bank holidays.
(3) All monies received by a broker or property manager and deposited in the escrow or real estate trust account as provided for above must remain there until consummation or termination of the transaction, at which time the broker or property manager shall make a full accounting of it to his principal.
Section 40-57-10. There is created the South Carolina Real Estate Commission under the administration of the Department of Labor, Licensing and Regulation. The purpose of this commission is to regulate the real estate industry so as to protect the public's interest when involved in real estate transactions.
Section 40-57-20. It is unlawful for an individual to act as a real estate broker, real estate salesman, real estate property manager, or to advertise as such without a valid license issued by the department.
Section 40-57-30. For purposes of this chapter:
(1) 'Commission' means the group of individuals charged by law with the responsibility of licensing or otherwise regulating real estate within the State of South Carolina.
(2) 'Department' means the Department of Labor, Licensing and Regulation.
(3) 'Licensee' means an individual currently licensed under the provisions of this chapter.
(4) 'Broker' means an individual who for a fee, salary, commission, or other valuable consideration, or who with the intent or expectation of receiving compensation:
(a) negotiates or attempts to negotiate the listing, publication, sale, purchase, exchange, lease, or other disposition of real estate or the improvements thereon;
(b) auctions or offers to auction real estate;
(c) solicits a referral in order to conduct activities set forth in this section.
(c) offers advisory services as a real estate consultant or counsellor;
(e) offers to act as an agent representing a principal in a real estate transaction;
(f) advertises or otherwise holds himself out to the public as being engaged in any of the foregoing activities.
(5) 'Broker-in-charge' means the broker who is designated as having responsibility over the actions of all associated licensees and also has the responsibility and control over and liability for any real estate trust accounts.
(6) 'Salesman' means a licensee associated with a broker-in-charge who, for compensation, engages in or participates in an activity included in item (4).
(7) 'Property manager' means an individual who for a fee, salary, commission, or other valuable consideration, or who with the intent or expectation of receiving compensation:
(a) negotiates or attempts to negotiate the rental or leasing of real estate or improvements thereon;
(b) lists or offers to list and provide services in connection with the leasing or rental of real estate or improvements thereon.
(c) collects or attempts to collect deposits for leases or rentals;
(d) advertises or otherwise holds himself out to the public as being engaged in any of the foregoing activities.
(8) 'Property manager-in-charge' means the property manager who is designated as having the responsibility over the actions of associated property managers and also the responsibility and control over and liability for real estate trust accounts.
(9) 'Real estate' means land, buildings, and other appurtenances, including all interests in land, whether corporeal, incorporeal, freehold, or nonfreehold, whether the real estate is situate in this State or out-of-state.
(10) 'Real estate transaction' means an activity involving the sale, purchase, exchange, or lease of real estate.
(11) 'Trust account' means a properly designated bank account established and maintained by a broker-in-charge or a property manager-in-charge to safeguard funds belonging to parties to a real estate transaction. As used in this chapter, 'trust account' and 'escrow account' shall have the same meaning.
(12) 'Office' means the principal office location where a broker-in-charge or a property manager-in-charge is licensed to conduct real estate business.
(13) 'Branch office' means a suboffice of a company in which full-service real estate activities are conducted and at which a broker-in-charge or property manager-in-charge is licensed to conduct real estate transactions.
(14) 'Client' means a person with whom a licensee has established an agency relationship.
(15) 'Customer' means a person with whom a licensee has not established an agency relationship.
(16) 'Associated licensee' means a licensee who is affiliated with a broker-in- charge or property manager-in-charge.
Section 40-57-40. (A) The South Carolina Real Estate Commission consists of nine members appointed by the Governor with the advice and consent of the Senate of whom:
(1) six must be professionally engaged in the practice of real estate, one from each of the six congressional districts;
(2) three members must represent the public and must not be professionally engaged in the practice of real estate.
(B) Except as provided in subsection (E), commission members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms. A vacancy on the commission must be filled in the manner of the original appointment for the remainder of the unexpired term.
(C) Before entering upon the discharge of the duties of the office, a member shall file with the Secretary of State, or other appropriate office charged with these duties of the Secretary of State as its successor entity, in writing an oath to perform the duties of the office as a member of the commission and to uphold the constitutions of this State and the United States.
(D) A member may be removed from office pursuant to Section 1-3-240.
(E) In order to establish terms which do not expire simultaneously, those members appointed to fill seats which terms expire on June 30, 1996, shall serve for terms which expire as follows: two members on June 30, 1998; two members on June 30, 1999; and two members on June 30, 2000.
Section 40-57-50. The commission annually shall elect from its total membership a chairman, vice-chairman, and other officers the commission determines necessary. The commission may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
Section 40-57-60. The commission shall set general policy with regard to the administering and enforcement of this chapter and regulations promulgated under this chapter. Powers and duties include, but are not limited to:
(1) determining the standards for qualifications and eligibility of applicants for licensure;
(2) conducting disciplinary hearings on alleged violations of this chapter and deciding disciplinary actions as provided in this chapter for those found to be in violation;
(3) recommending changes in legislation and promulgating regulations governing the real estate industry relative to the protection of the safety and welfare of the public.
Section 40-57-65. The annual report must be made in accordance with Section 40-1-50 (I).
Section 40-57-70. (A) Fees must be established in accordance with Section 40-1-50(D). Current published fees are in effect until such time as they may be revised by the board in accordance with this section.
(B) For each active license and inactive license not renewed by its expiration date, the department may assess a reinstatement penalty of one hundred dollars per month for each month or part of a month for a period not to exceed six months during which the license may be reinstated.
(C) All application and license fees are payable to the department in advance and must accompany an examination application or a license application. Application fees are nonrefundable.
(D) The department may allocate a sum of up to ten dollars from each licensee's renewal fee to a South Carolina Real Estate Commission Education and Research Fund. The funds collected must be deposited in a special fund by the State Treasurer to be used exclusively for:
(1) the advancement of education and research for the benefit of those licensed under the provisions of this chapter and for the improvement and increased efficiency of the real estate industry in this State;
(2) the analysis and evaluation of factors which affect the real estate industry in this State; and
(3) the dissemination of the results of the research.
Section 40-57-80. To be eligible for licensure as a broker, salesman, or property manager, an applicant shall:
(1) have attained the age of twenty-one if applying for a license as a broker, broker-in-charge, or property manager-in-charge.
(2) have attained the age of eighteen if applying for a license as a salesman or property manager.
(3) submit to a credit report which indicates credit worthiness satisfactory to the commission. If notified of unsatisfactory credit, the applicant shall have sixty days to respond.
(4) be a high school graduate or hold a certificate of equivalency.
(5) submit proof of completion of education and, where applicable, experience requirements as specified in this chapter.
(6) pass the appropriate examination unless exempt.
Section 40-57-90. An application for examination or licensure must be made in writing on a form prescribed by the department and accompanied by all applicable fees.
Section 40-57-100. (A) As a condition for and before applying to take a license examination, an applicant for a salesman, broker, or property manager license shall provide proof of having met the following educational requirements which are valid for five years:
(1) For a salesman's license, completion of thirty hours of classroom instruction in fundamentals of real estate principles and practices. Within one year following licensure, a salesman shall provide proof of satisfactory completion of thirty hours of postlicensing instruction in advanced real estate principles and practices. Failure to complete the postlicensing education within one year will result in cancellation of the license. In lieu of classroom hours required for taking the salesman's license examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university;
(2) For a broker's license, completion of ninety hours, including the sixty hours completed for salesman's license, of classroom instruction in advanced real estate principles and practices and related topics plus three years of experience as a licensee. In lieu of the experience and classroom hours required for taking the broker's license examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university;
(3) For a property manager's license, completion of thirty hours of classroom instruction in property management principles and practices. In lieu of the classroom instruction required for taking the property manager's examination, an applicant may furnish to the department evidence of a Juris Doctor, Bachelor of Laws degree, or a baccalaureate degree with a major in real estate from an accredited college or university.
(B) In order to determine competency and as a condition for licensure applicants shall submit to appropriate examinations which must be conducted by the department or a designated test provider at times and places specified by the department.
(1) An individual who currently holds a real estate license in another state or jurisdiction or whose real estate license in another state or jurisdiction expired not more than six months prior to application will be required to pass only the state portion of the examination to qualify for licensure.
(2) To become eligible for issuance of a license, an applicant must receive a passing grade on the examination, in accordance with a cut-score determination conducted by the department.
(3) An applicant who fails an examination may be reexamined within the three-month period following initial examination. Should an applicant pass one part of a two-part examination and fail the other, the applicant may be reexamined and pass the failed portion within the succeeding three-month period.
(4) Applicants who pass the examination shall apply for a license within one year or be required to apply for and retake the examination.
(5) The department or test provider is authorized to collect and retain reasonable examination fees. Applicants for the examination by a test provider will pay the fee directly to test provider.
Section 40-57-110. (A) The department shall issue a license in classifications of broker, salesman, or property manager to individuals who apply and who qualify under and comply with the requirements of this chapter. No individual may be licensed in more than one classification at the same time. The license must be in the form and size as the department prescribes and is not transferable.
(B) The department may issue a designated broker-in-charge license to a broker or one qualified to be licensed as a broker and may issue a designated property manager-in-charge license to a licensed property manager or one qualified to be licensed as a property manager upon application on a form prescribed by the department and accompanied by applicable fees; however, no broker-in-charge or property manager-in-charge license shall be issued to or renewed for an applicant unless the applicant:
(1) is an owner of at least a fifty percent interest in the applicant's company; or
(2) is actively engaged on a fulltime basis in the operation and management of the company.
(C) Applicants must also submit to a credit report indicating credit worthiness satisfactory to the department. If notified of unsatisfactory credit, the applicant shall have sixty days to respond.
(D) Individuals may not practice real estate until they receive a license issued by the department.
(E) Individuals holding an active broker or salesman license must be licensed under a broker-in-charge who is licensed by the department and may not be licensed during the same period with more than one broker-in-charge. When a licensee becomes disassociated with a broker-in-charge for any reason, the broker-in-charge shall notify immediately the department by letter and furnish a forwarding address.
(F) Individuals holding an active property manager license must be licensed under a property manager-in-charge or broker-in-charge who is licensed by the department or be designated as a property manager-in-charge. A property manager may not be licensed during the same period with more than one property manager-in-charge or broker-in-charge. When a licensee becomes disassociated with a broker-in-charge or property manager-in-charge for any reason, the broker-in-charge or property manager-in-charge shall notify immediately the department by letter and furnish a forwarding address.
(G) After revocation of a license, a new license may not be issued to the same individual within a period of one year from the date of revocation, or at any time thereafter except upon an affirmative vote of a majority of the members of the commission. A person seeking licensure after revocation shall:
(1) submit to the commission satisfactory proof that the person is trustworthy, has a good reputation for honesty and fair dealing, and is competent to transact the business of a real estate licensee;
(2) submit proof of educational qualifications as set forth in this chapter if the proof of educational qualifications on file is more than five years old;
(3) pass the applicable examination; and
(4) meet any other qualifications and conditions which apply to individuals applying for a license and who have never been licensed.
(H) A licensee may place a license on inactive status by informing the department in writing. To maintain an inactive status of the license, the license must be renewed in the same manner as provided for active license renewals. Upon proper compliance with the renewal requirements, a license may remain on inactive status for an indefinite period of time. Individuals seeking to reactivate a license shall apply for the same license classification which was placed on inactive status, pay the appropriate fee, and meet the continuing education requirements as prescribed.
(I) Licenses must be renewed in accordance with Section 40-1-50(E). It is the licensee's responsibility to renew the license whether or not notice is received.
(J) A license which has not been renewed by its date of expiration is lapsed and may be reinstated within six months following expiration upon payment of applicable fees plus penalties.
(K) A license which has lapsed and has not been reinstated by the last day of the sixth month following expiration must be canceled.
Section 40-57-120. (A) The commission may enter into reciprocal agreements with real estate regulatory authorities of other jurisdictions which provide for waivers of education requirements or examinations if the commission considers the education and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter.
(B) An individual applying for a license by reciprocity shall submit an application, license fee, and certification of licensure from the real estate regulatory authority of the jurisdiction where the current or previous license was held. In addition, copies must be provided of the records of any disciplinary actions taken against the applicant's license. The commission, at its discretion, may impose additional requirements with which an applicant shall comply.
(C) A nonresident real estate salesman license may not be granted to an applicant unless that applicant is affiliated with a resident or nonresident broker licensed by the commission. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of the nonresident is canceled unless the licensee places the license on inactive status or affiliates with another broker licensed by the commission.
(D) A nonresident is not required to maintain a place of business in this State if he maintains an active place of business in the state of domicile. Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in a judicial circuit of the state in which a cause of action may arise or in which the plaintiff may reside, by the service of a process or pleading, authorized by the laws of this State, on the chairman of the commission or any authorized assistant or deputy appointed by the Director of the Department of Labor, Licensing and Regulation, the consent stipulating and agreeing that the service of the process or pleading must be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in South Carolina. If the process or pleadings mentioned in this chapter are served upon the chairman of the commission or any authorized assistant or deputy appointed by the Director of the Department of Labor, Licensing and Regulation, it must be by duplicate copies, one of which must be filed in the office of the commission and the other immediately forwarded by the commission by registered or certified mail to the applicant against whom the process or pleadings are directed, at the last known address of the applicant as shown by the records of the commission.
(E) (1) A resident licensee who becomes a nonresident, within sixty days, shall notify the commission in writing of the change in residency and comply with nonresident requirements or place his license on inactive status to avoid cancellation of the license.
(2) A nonresident licensee who becomes a resident of South Carolina, within sixty days must notify the commission in writing of the change in residency and comply with the requirements of this chapter or place his license on inactive status to avoid cancellation of the license.
(3) Failure to notify the commission of the change in residency and compliance with the requirements of this section are violations of the license law subject to the penalties as provided by Section 40-57-170.
(F) All nonresident applicants and licensees must comply with all requirements of commission regulations and of this chapter. The commission may adopt regulations necessary for the regulation of nonresident licensees.
Section 40-57-130. (A) As a condition of active license renewal, a broker or salesman shall provide proof of satisfactory completion biennially of eight hours of instruction in courses approved by the department and taught by instructors approved by the department. The eight hours shall include a minimum of two hours of instruction in current federal and state law affecting brokers and salesmen.
(B) The following are exempt from the mandatory continuing education program:
(1) a broker or salesman who successfully completes a thirty-hour postlicensing course or a licensee who successfully completes the thirty-hour course for qualification as a broker;
(2) a broker or salesman while on inactive status; however, the eight-hour requirement must be completed and proof submitted with an application to return to active status;
(3) instructors of approved courses if they request in writing continuing education credit for time spent teaching or developing approved continuing education courses;
(4) a nonresident broker or salesman who has successfully satisfied the continuing education requirements of the jurisdiction of residence;
(5) a broker or salesman upon reaching the age of sixty years with a minimum of twenty-five years of licensure.
(C) Brokers or salesmen taking more than the required number of hours during a two-year period may not carry forward any excess hours to another renewal period.
(D) A broker or salesman who fails to complete continuing education requirements by the date of license renewal may renew by paying applicable fees, but must immediately be placed on inactive status and may not engage in the practice of real estate while on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees.
Section 40-57-135. (A) The duties of the broker-in-charge or property manager-in-charge are to:
(1) adequately supervise employees or associated licensees and maintain real estate trust accounts;
(2) review and approve all forms of listing agreements, agency agreements, offers, sale contracts, purchase contracts, leases, options, contract addenda, or other routinely used contractual documents;
(3) maintain adequate, reasonable, and regular contact with associated licensees engaged in real estate transactions so as to prevent or curtail practices by a licensee which would violate any provision of Title 40, Chapters 1 and 57, the Interstate Land Sales Practices Act, or the Vacation Time Sharing Plans Act;
(4) instruct employees and associated licensees on the proper handling of trust funds;
(5) be available to the public during normal business hours in order to discuss or resolve complaints and disputes which arise during the course of real estate transactions in which the broker-in-charge or property manager-in-charge or an associated licensee is involved;
(6) ensure that accurate and complete records, as described in this chapter, are maintained for real estate trust accounts;
(7) ensure that backup copies are maintained for computerized real estate trust accounts. Backup copies must be maintained on a data storage medium which is separate from the medium which contains the source documents;
(8) establish and maintain a written office policy in accordance with Section 40-57-138(B).
(B) (1) The broker-in-charge or property manager-in-charge shall establish and maintain an active real estate trust account so designated in the name for which the respective broker-in-charge's or property manager-in-charge's license is issued. Notwithstanding the foregoing provision, the brokers-in-charge or property managers-in-charge of a real estate company with multiple offices may utilize one central trust account.
(2) All monies received by a property manager as agent for his principal in a real estate transaction must be deposited in a separate real estate trust account so designated within forty-eight hours of receipt, excluding Saturdays, Sundays and bank holidays; except that rent monies received by a licensee who is also directly employed by the owner of rental property may be placed in an operating or other similar account, but otherwise must be properly accounted for as provided for in this section.
(3) All monies received by a property manager-in-charge in connection with a real estate rental including, but not limited to, security deposits, pet deposits, damage deposits, and advance rentals (except earned rental proceeds) shall remain in the trust account until the lease or rental transaction expires or is terminated, at which time the monies must be disbursed in accordance with the contract which directs the property manager-in-charge to hold the monies, and a full accounting must be made to the landlord or tenant as appropriate. Earned rental proceeds must be disbursed to the landlord within a reasonable time after clearance of the deposit by the bank.
(4) All monies received by a broker-in-charge as agent for a principal in a real estate sales or exchange transaction must be deposited as follows in a separate real estate trust account so designated:
(a) Cash monies or certified funds must be deposited within forty-eight hours of receipt, excluding Saturdays, Sundays, and bank holidays.
(b) Checks must be deposited within forty-eight hours, excluding Saturday, Sunday, and bank holidays, after acceptance of an offer by the parties to the transaction.
(c) All monies received by a broker-in-charge in connection with a real estate sales or exchange transaction and deposited in the real estate trust account shall remain in the trust account until consummation or termination of the transaction, at which time the monies shall be disbursed in accordance with the contract which directs the broker-in-charge to hold the monies, and a full accounting must be made to the principal.
(5) In the event a dispute arises between buyer and seller concerning the entitlement to and disposition of an earnest money deposit, or between a landlord and tenant concerning entitlement to and disposition of a security deposit, and the dispute is not resolved by reasonable interpretation of the contract by the parties to the contract, the deposit must be held in the trust account until the dispute is resolved by:
(a) a written agreement which directs the disposition of monies and is signed by all parties claiming an interest in the trust monies. The agreement must be separate from the contract which directs the broker-in-charge or property manager-in-charge to hold the monies;
(b) filing of an interpleader action in a court of competent jurisdiction;
(c) order of a court of competent jurisdiction;
(d) voluntary mediation.
(6) All trust accounts maintained by brokers-in-charge or property managers-in-charge must be located in an insured financial institution authorized to conduct business in South Carolina.
(7) A broker-in-charge or property manager-in-charge shall also maintain, in his designated principal place of business, a recordkeeping system consisting of:
(a) for real estate sales, a journal or an accounting system which records the chronological sequence in which funds are received and disbursed. For funds received, the journal or accounting system shall include the date of receipt, the name of the party from whom the money was received, the name of the principal, identification of the property, the date of deposit and depository, the payee, the check numbers, dates, and amounts. A running balance must be maintained for each entry of a receipt or disbursement. The journal or accounting system shall provide a means of reconciling the accounts;
(b) For property management, a journal or an accounting system containing the same information as stated in item (a) except that the required running balance may be determined at the time of reconciliation;
(c) When managing property, a separate record for each tenant must be maintained which shall identify the unit, the unit owner, amount of rent, due date, security deposit, and all receipts with dates. There also must be maintained an owner's ledger for all properties owned by each owner showing receipts and disbursements applicable to each property managed. All disbursements must be documented by bids, contracts, invoices, or other appropriate written memoranda;
(d) unless other appropriate written memoranda are maintained, trust account deposit documents shall identify the broker-in-charge or property manager-in-charge and the buyer or tenant;
(e) A general ledger identifying security deposits;
(f) A monthly reconciliation of each separate account except where there has been no deposit or disbursement during that month. The reconciliation shall include a written worksheet comparing the reconciled bank balance with the journal balance and with the ledger total to ensure agreement.
(8) All monies received by a licensee in connection with a real estate transaction in which the licensee is engaged for his broker-in-charge or property manager-in-charge must be immediately delivered to the broker-in-charge or property manager-in-charge.
(9) A broker-in-charge or property manager-in-charge may not commingle monies or other property of the principal with the broker-in charge or property manager-in-charge's own money or property, except that a broker-in-charge or property manager-in-charge may maintain a clearly identified amount of his own funds in the trust account to cover bank service charges in order to avoid the closing of the account when no client's monies are on deposit.
(10) Monies received by a broker-in-charge or property manager-in-charge which must be deposited in a trust account may be deposited in an interest-bearing account. Interest earned on these monies may be retained by the broker-in-charge or property manager-in-charge only if:
(a) a person remitting the monies to the broker-in-charge or property manager-in-charge has been informed of the person's right to ownership of the interest but relinquishes the right of ownership by written agreement; and
(b) if part of a preprinted form, the written agreement must be conspicuous and must require initials indicating an affirmative or negative response.
(11) Records required by this chapter shall be held for a minimum of five years and the broker-in-charge or property manager-in-charge shall furnish a copy of the records to a representative of the department upon request. Accounting records to be requested shall include, but are not limited to, journals, ledgers, folios, client subaccounts, tenant accounts, canceled checks, deposit slips, and bank statements.
(C) A licensed broker-in-charge or property manager-in-charge shall establish and maintain a specific office location which shall be accessible by the public during reasonable business hours.
(1) A broker-in-charge or property manager in-charge, in addition to the principal office location, may maintain one or more branch offices under the same company name at a different location. Each branch office must be managed by a broker-in-charge or property manager-in-charge who shall comply with the requirements of subsection (A).
(2) A licensee may not conduct real estate business under any other name or at any address other than the one for which his license is issued. The broker-in-charge or property manager-in-charge shall notify the department by mail within ten days of any change of office name and/or address and enclose appropriate fees.
(3) In the event of the death or medical incapacitation of a broker-in-charge or property manager-in-charge which precludes him from dispatching duties as provided in this chapter, the department may, at its discretion, permit an associated licensee to act as broker-in-charge or property manager-in-charge for no more than six months.
(4) A licensee may not advertise or offer to conduct a real estate transaction involving real estate owned in whole or in part by another person without first obtaining a written agency agreement and when advertising real estate in any medium including site signage, a licensee shall clearly identify the company with which the licensee is affiliated.
(5) When operating under a trade or franchise name, a licensee shall reveal clearly the identity of the franchisee or holder of the trade name.
(9) A licensee clearly shall reveal his licensed status in a transaction involving the purchase, sale, exchange, rental, lease, or auction of real estate. This disclosure must be made before a person's material reliance upon the licensee which may be influenced by the representations of the licensee.
(10) Every broker-in-charge or property manager-in-charge shall maintain for a minimum of five years and shall furnish to the department upon request a written copy of a:
(a) lease;
(b) contract of sale;
(c) listing contract or agency agreement;
(d) option contract;
(e) management agreement;
(f) agency disclosure form;
(g) closing statement;
(h) policy on agency representation;
(i) fair housing policy.
(11) The department may, at its discretion, license the same person as broker-in-charge or property manager-in-charge of more than one company or branch office if the broker-in-charge or property manager-in-charge making the request acknowledges in writing that he understands the duties and can fully assume the responsibility to ensure full compliance with this chapter by each office and the associated licensees.
(D) No licensee shall either directly or indirectly buy for his own account or for a corporation or any other business in which he holds an interest or for a close relative, real estate listed with him or real estate for which he has been approached by the seller or prospective buyer to act as agent, without first making his true position clearly known in writing to all parties involved. Upon request of the department, the licensee shall provide clear evidence of having made this disclosure.
(1) With regard to offers to purchase real estate, a licensee shall:
(a) upon receipt, prepare all offers in writing and promptly present them to the seller;
(b) upon obtaining a written acceptance of an offer, promptly deliver true, executed copies to all parties;
(c) ensure that all of the terms and conditions of the transaction are included in the offer to purchase;
(d) ensure that changes or modifications made during negotiation are in writing and initialed and dated by both parties before proceeding with the transaction.
(2) Every licensee shall ensure that, at closing, both the buyer and the seller in a real estate transaction receive a complete and detailed closing statement properly accounting for all funds paid, received, and expended in connection with the transaction.
(3) A licensee may not transact or negotiate directly with the owner of real estate when that real estate is already subject to an exclusive listing contract with another licensee unless permission is granted in writing by the other licensee.
(4) A licensee may not allow or create an unreasonable delay in the closing of a transaction or act in a manner which causes failure or termination of a transaction due solely to a dispute among participating licensees concerning the division of a commission.
(5) Any listing or buyers representation agreement that a licensee may enter into shall set forth all material terms of the parties' agency relationship including, but not limited to:
(a) a description of the agent's duties or services to be performed for the principal;
(b) the amount of compensation to be paid or the method to be used in calculating the amount of compensation to be paid;
(c) an explanation of how and when the agent earns his compensation;
(d) an explanation of how compensation will be divided among participating or cooperating brokers, if applicable;
(e) the amount of retainer fees, deposits, or any other money which is collected before the agent's performance of any services on behalf of the principal and an explanation of whether or not, and if so, under what conditions such monies are refundable or payable to or on behalf of the principal;
(f) the duration of the agency relationship, setting forth specific dates for the beginning and ending of the relationship;
(g) the signature of all parties.
(7) In addition to the above requirements, a listing agreement shall:
(a) state the price of the listed property;
(b) not contain a provision requiring a party signing the listing to notify the licensee of his intention to cancel the listing after the definite expiration date;
(c) be clearly defined if intended to be either an 'exclusive agency' listing or 'exclusive right to sell' listing;
(d) clearly specify any exception or variation in amount of commission to be paid and circumstances which would apply;
(e) be given to the owner at the time of, or directly following, signing.
(E) Except as provided for in Section 40-57-240, management of each multi-unit rental location must be provided by a licensee.
(1) At the discretion of the department, multiple multi-unit rental property locations may be managed by one licensee.
(2) An unlicensed employee of the owner of a multi-unit rental property or an unlicensed individual who works under the supervision of a licensee is permitted to perform only the following duties:
(a) maintenance;
(b) clerical or administrative support;
(c) collection of rents which are made payable to the owner or real estate company;
(d) showing rental units to prospective tenants;
(e) furnishing published information;
(f) providing applications and lease forms;
(g) receiving applications and leases for submission to the owner or the licensee for approval.
(3) An unlicensed employee of the owner or an unlicensed individual working under the supervision of a licensee may not:
(a) negotiate binding contracts;
(b) vary or deviate from the rental price or other terms and conditions previously established by the owner or licensee when supplying relevant information concerning the rental of property;
(c) approve applications or leases or settle or arrange the terms and conditions of a lease;
(d) indicate to the public that the unlicensed individual is in a position of authority which has the managerial responsibility of the rental property.
(4) Licensees who manage property shall do so under a written management agreement which shall set forth, at a minimum, the following conditions:
(a) names and signatures of authorized parties to the agreement;
(b) property identification;
(c) method of compensation to the licensee;
(d) term, including definite expiration date;
(e) terms and conditions of tenant rental or lease arrangements.
Section 40-57-138. (A) A real estate brokerage company that provides services through an agency agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting as set forth in this chapter. The following are the permissible agency relationships a licensee may establish:
(1) seller agency;
(2) buyer agency;
(3) disclosed dual agency; or
(4) subagency.
(B) The broker-in-charge of a real estate brokerage company shall adopt a written company policy that identifies and describes the types of real estate brokerage agency relationships in which associated licensees may engage. The written policy shall include:
(1) the company's policy regarding cooperation with subagents or buyer agents, or both, and whether the broker offers compensation to these agents;
(2) the scope of services provided to the company's clients;
(3) the scope of services provided to the company's customers;
(4) when and how associated licensees shall explain and disclose their agency relationships with any interested parties to a potential transaction; the explanation and disclosure shall always comply with the minimum requirements set forth in this chapter;
(5) when and how an associated licensee shall explain to clients the potential for the licensee to later act as a disclosed dual agent in specific transactions, as permitted by this chapter;
(6) the company's policy on compliance with state and federal fair housing laws.
(C) On reaching a written agreement to provide brokerage services for a seller of real estate, a seller's agent shall:
(1) perform the terms of the written brokerage agreement made with the seller;
(2) in accordance with subsection (A) above, promote the interest of the seller by performing agency duties which include:
(a) seeking a sale at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the seller, except that the licensee is not obligated to seek additional offers to purchase unless the brokerage agreement provides otherwise while the property is subject to a contract of sale;
(b) presenting in a timely manner all offers and counteroffers to and from the seller, even when the property is subject to a contract of sale;
(c) disclosing to the seller all relevant facts concerning the transaction which are actually known to the licensee or, if acting in a reasonable manner, should have been known to the licensee, except as directed otherwise in this section;
(d) advising the seller to obtain expert advice on matters that are beyond the expertise of the licensee;
(e) accounting in a timely manner, as required by this chapter, for all money and property received in which the seller has or may have an interest;
(3) exercise reasonable skill and care in discharging the licensee's agency duties;
(4) comply with all provisions of this chapter and with any regulations adopted by the department;
(5) comply with all applicable federal, state, or local laws, rules, regulations, ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights;
(6) preserve confidential information provided by the seller during the course of and following the agency relationship that might have a negative impact on the seller's real estate activity unless:
(a) the seller to whom the confidential information pertains grants consent to disclose the information; or
(b) disclosure is required by law; or
(c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee.
No cause of action shall arise against a licensee for disclosing confidential information in compliance with subsection (C)(6)(a), (b) or (c).
(D) A licensee acting as a seller's agent may offer alternative properties to prospective buyers. A licensee acting as a seller's agent may also list for sale competing properties.
(E) A licensee acting as a seller's agent may not offer a subagency relationship to other brokers or offer to compensate another broker who represents a buyer without the knowledge and consent of the seller client.
(F) A licensee who represents a seller shall treat all prospective buyers honestly and may not knowingly give them false or misleading information about the condition of the property which is known to the licensee or, when acting in a reasonable manner, should have been known to the licensee. A seller's agent is not obligated to discover latent defects in property or to advise the agent's clients on matters outside the scope of the agent's real estate expertise. A seller's agent, the company, and the broker-in-charge are not liable to a buyer for providing the buyer with false or misleading information if that information was provided to the licensee by his client and the licensee did not know or have reasonable cause to suspect the information was false or incomplete.
(G) Nothing in this chapter shall limit the obligation of the buyer to inspect the physical condition of the property which the buyer may purchase.
(H) On reaching a written agreement to provide brokerage services to a potential buyer of real estate, a buyer's agent shall:
(1) perform the terms of the written brokerage agreement made with the buyer;
(2) in accordance with subsection (A) above, promote the interest of the buyer by performing the buyer's agent's duties which include:
(a) seeking property at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the buyer, except that the licensee is not obligated to seek additional properties unless the brokerage agreement provides otherwise for a buyer once the buyer becomes a party to a contract of sale;
(b) presenting in a timely manner all offers and counteroffers to and from the buyer;
(c) disclosing to the buyer all relevant facts concerning the transaction which are actually known to the licensee or, if acting in a reasonable manner, should have been known to the licensee, except as directed otherwise in this section. Nothing in this chapter shall limit a buyer's obligation to inspect the physical condition of the property which the buyer may purchase;
(d) advising the buyer to obtain expert advice on material matters that are beyond the expertise of the licensee;
(e) accounting in a timely manner, as required by this chapter, for all money and property received in which the buyer has or may have an interest;
(3) exercise reasonable skill and care in discharging the buyer's agent's agency duties;
(4) comply with all provisions of this chapter and with any regulations promulgated by the department;
(5) comply with all applicable federal, state, or local laws, rules, regulations, and ordinances related to real estate brokerage, including laws which relate to fair housing and civil rights;
(6) preserve confidential information provided by the buyer during the course of or following the agency relationship that might have a negative impact on the buyer's real estate activity unless:
(a) the buyer to whom the confidential information pertains, grants consent to disclose the information; or
(b) disclosure is required by law; or
(c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee.
No cause of action shall arise against a licensee for disclosing confidential information in compliance with subsections (H)(6)(a), (b) or (c).
(I) A licensee acting as a buyer's agent may offer properties which interest his buyer client to other potential buyers.
(J) A licensee acting as a buyer's agent may not offer a subagency relationship to other brokers or offer to compensate another broker who represents a seller without the knowledge and consent of the buyer client.
(K) A licensee who represents a buyer shall treat all prospective sellers honestly and may not knowingly give them false or misleading information about the buyer's ability to perform the terms of a transaction. A buyer's agent is not obligated to discover latent defects in property or to advise his clients on matters outside the scope of his real estate expertise. A buyer's agent, his company, and the broker-in-charge are not liable to a seller for providing the seller with false or misleading information if that information was provided to the licensee by his client and the licensee did not know or have reasonable cause to suspect the information was false or incomplete.
(L) A licensee who represents one party to a real estate transaction may provide assistance to other parties to the transaction by performing ministerial acts such as writing and conveying offers, and providing information and aid concerning other professional services not related to the real estate brokerage services being performed for a client. Performing ministerial acts does not create an agency relationship.
(M) A licensee may act as a disclosed dual agent only with the prior informed and written consent of all parties. Consent is presumed to be informed if a party signs a completed copy of the agency disclosure form prescribed by the commission. The form shall specify the transaction in which a licensee shall serve as dual agent and shall state:
(1) that in acting as a dual agent, a licensee represents clients whose interest may be adverse and that agency duties are limited;
(2) that the dual agent may disclose any information gained from one party to another party if the information is relevant to the transaction, except if the information concerns:
(a) the willingness or ability of a seller to accept less than the asking price;
(b) the willingness or ability of a buyer to pay more than an offered price;
(c) confidential negotiating strategy not disclosed in an offer as terms of a sale;
(d) the motivation of a seller for selling property or the motivation of a buyer for buying property.
(3) that the clients may choose to consent to disclosed dual agency or may reject it;
(4) that the clients have read and understood the agency agreement and the agency disclosure form and acknowledge that their consent to dual agency is voluntary.
(N) Duties of a subagent: A subagent is a designated broker and all associated licensees engaged by a broker of another company to act as agent for his client. A subagent owes the same duties and responsibilities to the client as the client's primary broker pursuant to subsections 40-57-138 (C) and (H).
(O) Prospective buyers of real estate who do not choose to establish an agency relationship with a licensee but who use the services of the licensee are considered customers and shall receive the following:
(1) a meaningful explanation of agency relationships in real estate transactions including the customer's right to choose no representation by licensee;
(2) an explanation of scope of services to be provided by licensee;
(3) fairness, honesty, and accurate information in all dealings.
(P) The provisions of this section which are inconsistent with applicable principles of common law shall supersede the common law, and the common law may be used to aid in interpreting or clarifying the duties described in this section. Except as otherwise stated, nothing in the section precludes an injured party from bring a cause of action against licensees, their companies, or their brokers-in-charge.
Section 40-57-139. (A) A licensee shall provide in a timely manner to all buyers and sellers with whom they work:
(1) a meaningful explanation of agency relationships in real estate transactions;
(2) a completed agency disclosure form prescribed by the commission indicating whom the licensee shall represent in a real estate transaction.
(B) A licensee who becomes a seller's agent shall provide a completed agency disclosure form to the seller at the time the listing is obtained and signed.
(C) A licensee who becomes a buyer's agent shall provide a completed agency disclosure form to the buyer at the time an agency agreement is signed.
(D) A licensee who becomes a disclosed dual agent shall provide to both buyer and seller a completed agency disclosure form in accordance with Section 40-57-138.
(E) A licensee who begins working with a potential buyer shall provide to the potential buyer a completed agency disclosure form at the first substantive contact. At the time of contact, it must be established between licensee and potential buyer whether the buyer will be a 'customer' or 'client'. Substantive contact must be the earlier of the following:
(1) prequalifying by requesting specific financial information in order to determine ability to conclude a real estate transaction; or
(2) prior to showing real estate to a prospective buyer, other than at an open house.
(F) If first contact occurs over the telephone, licensee shall provide buyer with the completed agency disclosure form at the first meeting.
Section 40-57-140. A real estate broker and all associated licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement, except the duties of:
(1) accounting in a timely manner for all money and property related to and received during the relationship; and
(2) treating as confidential any information provided by the client during the course of the relationship that could have a negative impact on the client's real estate activity, except as outlined in Sections 40-57-138(C)(6) and 40-57-138(H)(6).
Section 40-57-141. (A) In addition to the provisions of Section 40-1-110, the commission may deny issuance of a license to an applicant or may take disciplinary action against a licensee who:
(1) makes a substantial misrepresentation involving a real estate transaction;
(2) makes false promises of a character likely to influence, persuade, or induce;
(3) pursues a continued and flagrant course of misrepresentation, or makes false promises through associated licensees or any medium of advertising, or otherwise;
(4) in the practice of real estate demonstrates bad faith, dishonesty, untrustworthiness, or incompetency in a manner as to endanger the interest of the public;
(5) represents or attempts to represent a real estate broker other than his broker-in-charge or property manager-in-charge without the express knowledge and written consent of the employing broker-in-charge or property manager-in-charge;
(6) guarantees or authorizes and permits any associated licensee to guarantee future profits from the resale of real estate;
(7) makes a dual set of contracts, written or otherwise, by stating a sales price higher than the actual sales price in an effort to obtain a larger loan from a lender or lending institution or for the purpose of misinforming a governmental agency or any other reason;
(8) is convicted of forgery, embezzlement, breach of trust, larceny, obtaining money or property under false pretense, extortion, fraud, conspiracy to defraud, or any other offense involving moral turpitude, or pleading guilty or nolo contendere to any such offense in a court of competent jurisdiction of this State, any other state, or any federal court;
(9) fails to report to the department in writing by certified mail, within ten days, notice of conviction of a crime set forth above;
(10) fails, within a reasonable time, to account for or to remit any monies coming into his possession which belong to others;
(11) pays a commission or compensation to an unlicensed individual for conducting activities requiring a license as defined in this chapter;
(12) violates any provision of law relating to a buyer's freedom of choice in choosing an attorney, insurance agent, title insurance agent, or any other service provider to facilitate the buyer's real estate transaction;
(13) fails to disclose in accordance with Section 40-57-139 the party or parties for whom the licensee will be acting as an agent in a real estate transaction;
(14) receives compensation from more than one party except with the full knowledge and written consent of all parties;
(15) represents more than one party in a real estate transaction without the full written knowledge and consent of all parties the licensee represents as provided in Section 40-57-138(M);
(16) acts in the dual capacity of agent and undisclosed principal in a real estate transaction;
(17) accepts deposit money which is to be delivered to the licensee's principal in a real estate transaction without informing the payor and having the payor acknowledge in writing who will hold the money received by the licensee;
(18) issues a check in connection with his real estate business which is returned for insufficient funds or closed account;
(19) fails to disclose in accordance with Section 40-57-138 any material facts concerning a real estate transaction;
(20) violates any provision of this chapter or a regulation promulgated by this chapter;
(21) violates a lawful rule or order of the commission.
(B) If after an investigation, charges of a license law violation are brought against a licensee, the broker-in-charge or property manager-in-charge must be notified also of the charges.
Section 40-57-150. (A) Investigations must be conducted in accordance with Section 40-1-80.
(B) Restraining orders must be filed in accordance with Section 40-1-100.
(C) (1) Whenever the department has reason to believe that a violation of this chapter has occurred, an investigation must be initiated within thirty days.
(2) A hearing on the charges must be at the time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act.
(3) The commission shall render a decision and shall serve immediate notice, in writing, of the commission's decision to the applicant or licensee charged therein. The commission shall state also in the notice the date upon which the ruling or decision shall become effective.
(4) The department shall maintain a public docket or other permanent record, in which must be recorded all orders, consent orders, or stipulated settlements.
(D) A licensee may voluntarily surrender his license in accordance with Section 40-1-150.
(E) (1) The commission may impose disciplinary action in accordance with Section 40-1-120.
(2) Upon determination by the commission that one or more of the grounds for discipline exists, as provided for in Section 40-1-110 or Section 40-57-140, the commission may impose a fine of not less than one hundred or more than one thousand dollars for each violation.
(3) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the commission wherein violations are not contested and sanctions are accepted.
Section 40-57-170. (A) Service of a notice provided for by law upon a nonresident licensed under this chapter or upon a resident who, having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the Director of the Department of Labor, Licensing and Regulation a copy of the notice, and accompanying documents. A copy of the notice, any accompanying documents, and a certified copy of the service on the director must be mailed to the licensee at his last known address, return receipt requested. The director shall keep a record of the day of the service of the notice and the return receipt must be attached to and made part of the return of service of the notice by the commission.
(B) A continuance may be given in a hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
Section 40-57-180. (A) The department may not be involved in the resolution of disputes between licensees over the payment or division of commission.
(B) A resident licensee may pay a part of his commission on a cooperative basis to a licensee of another state or jurisdiction if that licensee does not conduct in this State any of the negotiations for which a fee, compensation, or commission is paid.
(C) The department may conduct periodic inspections of the offices of licensees in order to assist with and to ensure compliance with this chapter.
(D) It is the responsibility of a licensee to keep on file with the department a current mailing address.
(E) No cause of action may arise against an owner of real estate or agent of any party to a transaction for failure to disclose in a transaction the fact that:
(1) the subject real estate is or was occupied by an individual who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through occupancy of a dwelling place either presently or previously occupied by the infected individual; or
(2) the death of an occupant of a property has occurred or the manner of the death.
(F) Nothing in subsection (E) precludes an action against an owner of real estate or agent of such owner who makes intentional misrepresentations in response to direct inquiry from a buyer or prospective buyer with regard to psychological impacts or stigmas associated with the real estate.
(G) The commission shall establish and publish standards relative to the approval and conduct of all education required by this chapter.
(1) The department shall review, approve, and regulate education courses required by this chapter as well as providers and instructors including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, and institutions.
(2) The department may deny, reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the department finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter.
(3) Application by providers seeking approval to offer and conduct educational instruction or application by instructors must be made on a form prescribed by the department and accompanied by applicable fees not less than sixty days prior to a course offering and must be approved by the department prior to the commencement of any instruction.
(4) If an application for provider, instructor, or course is not approved, the reason must be detailed and the applicant must be given thirty days to respond.
(5) Upon approval, certificates must be issued to providers, courses, and instructors, to be renewed biennially.
(6) Approved courses must be taught by approved instructors who are qualified and have demonstrated knowledge of the subject matter to be taught as well as the ability to teach.
(7) Approved instructors shall attend annual instructor development workshops sponsored by the department whenever possible or provide evidence of equivalent hours of continuing education which increase their knowledge of either the subject content in their area of expertise or their teaching techniques.
Section 40-57-190. Payment and collection of costs associated with investigations and prosecution of violations must comply with Section 40-1-170.
Section 40-57-200. Imposition and collection of all costs and fines must comply with Section 40-1-180.
Section 40-57-210. The provisions of Section 40-1-190 pertaining to privileged communications, whether written or oral, made by or on behalf of a person apply.
Section 40-57-220. (A) An individual who acts as a real estate broker, real estate salesman, or real estate property manager, or who advertises or assumes to act as such without a license issued by the department may be charged in accordance with Section 40-1-200.
(B) A licensee who fails to renew his license or who places his license on inactive status and continues to engage in real estate activities requiring a license is guilty of a misdemeanor and must be punished as provided for in subsection (A) above.
Section 40-57-230. Civil actions may be brought in accordance with Section 40-1-210.
Section 40-57-240. The provisions of this chapter do not apply to:
(A) an unlicensed owner of real estate who owns any interest in the real estate;
(B) an attorney at law acting within the scope of his duties involved in the legal representation of his client/owner;
(C) agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties;
(D) foresters registered under the provisions of Chapter 27 of Title 48, so long as the sale of any land is merely incidental to the sale of timber on the land;
(E) court-appointed receivers and trustees while acting within the scope of their appointment.
Section 40-57-250. If a provision of this chapter or the application of a provision of this chapter to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 1A was out of order as it was not germane.
Rep. CATO argued contra the Point in stating that the Bill dealt with LLR as a whole and how LLR interacted with all of the agencies that are now under them. He further stated that the accountants just happened to be one of the things under it and that the Real Estate Commission also was a part of the Bill.
The SPEAKER stated, citing page 46 of the Bill, that it listed a number of professions and occupations that were going to be administered.
Rep. CATO stated that the amendment simply placed the Practice Act which tied into the Bill and there would be bills later to place all of the them under the Practice Act. He further stated that it recodified the Real Estate Commission.
Rep. SCOTT stated that this provision of LLR was to repeal Chapter 73 and the amendment dealt with Chapter 57. He further stated that the amendment dealt with regulatory provisions and the Bill did not.
The SPEAKER stated that the Bill as it came back from the Senate was pretty broad and that the amendment was germane under the interpretation under Rule 9.3 and he overruled the Point of Order.
Rep. CATO continued speaking.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Rep. YOUNG-BRICKELL moved to adjourn debate upon the Senate amendments until Wednesday, May 29.
Rep. SCOTT moved to table the motion to adjourn debate.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Breeland Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Davenport Delleney Govan Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keyserling Kinon Lee Limbaugh Martin McAbee McElveen McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Stoddard Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Beck Cain Cato Chamblee Cooper Cotty Dantzler Easterday Felder Fleming Gamble Hallman Harrell Hutson Jaskwhich Kelley Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Loftis McCraw Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.
Reps. BAXLEY and S. WHIPPER proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3836DW.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 49-11-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 49-11-10. (A) No person shall be permitted or allowed to may make or keep up any a dam or bank to stop the course of any waters so as to overflow the lands of another person without first obtaining the consent of such that person first had and obtained nor shall any and no person be permitted or allowed to may let off any reserved water to injure the crops upon the grounds of other persons.
(B) A person owning or operating a dam which impounds a reservoir too small to be regulated under the South Carolina Dams and Reservoirs Safety Act Regulations or a dam which, in the judgement of the Department of Health and Environmental Control, poses no significant threat of danger because of its size and location to downstream life or property is liable for damages for damage to the real or personal property of another caused by the poor construction, operation, or maintenance of the dam or cause by flooding due to inadequate spillway control.
(C) A person aggrieved by a violation of subsection (B) may bring a civil action for injunctive relief and for monetary damages resulting from the violation."
SECTION 2. Section 49-11-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 49-11-20. (A) Nothing contained herein shall in this section may be construed to authorize any a person to keep water at any time on any lands other than his own.
(B) A person aggrieved by a violation of subsection (A) may bring a civil action for injunctive relief and for monetary damages resulting from the violation."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
Rep. FELDER moved to adjourn debate upon the Senate amendments until Wednesday, May 29.
Rep. SCOTT moved to table the motion to adjourn debate and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Cotty Hodges Knotts Lanford McElveen McMahand Riser Scott Smith, D. Whipper, S. Williams Witherspoon Wright Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Baxley Beck Brown, H. Byrd Cain Cato Chamblee Cooper Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Lloyd Loftis Martin McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
Reps. JENNINGS, J. HARRIS, SEITHEL, HARVIN, J. YOUNG and CAIN proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3801JM.96), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 47-1-10 of the 1976 Code is amended to read:
"Section 47-1-10. In As used in this chapter the words 'animal' or 'animals' shall be held to include all brute creatures.:
(1) 'Animal' or 'animals' shall be held to include all living vertebrate creatures except homo sapiens.
(2) 'Sustenance' means adequate food provided at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight and adequate water provided with constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species.
(3) 'Shelter' means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather."
SECTION __. Section 47-1-40 of the 1976 Code, as last amended by Act 430 of 1992, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four hundred dollars for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations, and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION __. Section 47-1-50 of the 1976 Code, as last amended by Act 398 of 1992, is further amended to read:
"Section 47-1-50. (A) An owner, a possessor, or a person having the charge or custody of an animal may not:
(1) cruelly drive or work it when unfit for labor;
(2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhuman inhumane manner; or.
(3) knowingly or wilfully authorize or permit it to be subjected to unnecessary torture, suffering, or cruelty.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each offense in the manner prescribed in Section 47-1-40(A)."
SECTION __. Section 47-1-70 of the 1976 Code, as last amended by Act 398 of 1992, is further amended to read:
"Section 47-1-70. (A) A person may not abandon an animal. As used in this section 'abandonment' is defined as deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life. 'Necessities of life' includes:
(1) adequate water which means a constant access to a supply of clean, fresh, and potable water provided in a suitable manner for the species at least once daily;
(2) adequate food which means provision at suitable intervals of quantities of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition to allow for proper growth and weight;
(3) adequate shelter which means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than thirty days, or both. Offenses under this section must be tried in the magistrate's or municipal court.
(C) A hunting dog that is positively identifiable in accordance with Section 47-3-510 or Section 47-3-530 is exempt from this section."
SECTION __. Section 47-1-100 of the 1976 Code is amended to read:
"Section 47-1-100. Animals unloaded as required by Section 47-1-90 shall must be properly fed, watered, and sheltered during such rest by the owner or person having the custody thereof or, in case of his default in so doing, then by the railroad company transporting such animals at the expense of the owner or person in custody thereof; and the company shall, in such case, have a lien upon such animals for food, care, and custody furnished and shall not be liable for any detention of such animals."
SECTION __. Section 47-1-120 of the 1976 Code is amended to read:
"Section 47-1-120. When any a person arrested is, at the time of such the arrest, in charge of any an animal or any vehicle drawn by or containing any animal, any an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or of any society incorporated for that purpose, may take charge of such the animal and of such vehicle and its contents and deposit them the animal in a safe place of custody or deliver them the animal into the possession of the police or sheriff of the county or place wherein where the arrest was made, who shall thereupon assume the custody thereof and all necessary expenses incurred in taking charge of such property be a lien thereon of the animal."
SECTION __. Section 47-1-140 of the 1976 Code is amended to read:
"Section 47-1-140. The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owner of the animals found in the charge or custody of the person arrested, if such the person be is not himself the owner, and shall properly care and provide properly for such the animals until such owner shall take charge of them; and the owner shall take charge of the animals within fifteen days from the date of such notice. The person making such arrest shall have a lien on the animals for the expense of such care and provision. But if such person making the arrest be an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or other society incorporated for that purpose, the provisions of Section 47-1-120 shall apply in lieu of the provisions of this section. Notwithstanding any other provision of law, an animal may be seized preceding an arrest and pursuant to Section 47-1-150."
SECTION __. Section 47-1-150 of the 1976 Code is amended to read:
"Section 47-1-150. When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant believes and has reasonable cause to believe that the laws in relation to cruelty to animals have been or are being violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sheriff, deputy sheriff, deputy state constable, constable or police officer to search such building or place; but no such search shall be made after sunset, unless specially authorized by the magistrate upon satisfactory cause shown. If an animal is seized pursuant to this section and the South Carolina S.P.C.A. or other society incorporated for that purpose is involved with the seizure, the animal may be held pending criminal disposition of the case at a facility maintained or contracted by that agency."
SECTION __. Section 47-1-170 of the 1976 Code is amended to read:
"Section 47-1-170. All penalties, fines and costs incurred by reason of violations of any of the provisions of Sections 47-1-40, 47-1-50, 47-1-90, 47-1-100, or 47-1-140 shall constitute and be a lien upon the animal so cruelly used. The owner or person having charge or custody of an animal cruelly used who is convicted of a violation of this chapter forfeits ownership, charge, or custody of the animal and at the discretion of the court the person who is charged with or convicted of a violation of this chapter must be ordered to pay costs incurred to care for the animal and related expenses."
SECTION __. Section 47-1-30 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. FLEMING raised the Point of Order that Amendment No. 1A was out of order as it was not germane in that the Bill dealt specifically with dangerous animals and the amendment dealt with cruelty to animals.
Rep. JENNINGS argued contra the Point in stating that it related to the same topic and under Rule 9.3 it would be germane.
The SPEAKER stated that the Bill as amended from the Senate dealt with dangerous animals and animal control officers and criminal penalties and the amendment dealt with cruelty to animals and he sustained the Point of Order and ruled the amendment out of order.
Rep. SHARPE explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. KELLEY moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
Reps. HODGES and LITTLEJOHN proposed the following Amendment No. 2A (Doc Name P:\amend\JIC\6097HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered subitem to read:
"( ) fees imposed on the sale of motor oil, new tires, lead-acid batteries, and white goods pursuant to Article 1, Chapter 96 of Title 44, including the refundable deposit when a lead acid battery core is not returned to a retailer."
B. This section takes effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 2A was out of order as it was not germane in that the Bill was about property tax and the amendment was about sales tax.
Rep. HODGES argued contra the Point in stating that it dealt with the South Carolina sales and use tax so as to revise the definition of retail sale and wholesale sale.
The SPEAKER stated that the amendment was germane and he overruled the Point of Order.
Rep. H. BROWN spoke against the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Dantzler Fulmer Hallman Law McMahand McTeer Riser Robinson Smith, D. Stuart Waldrop Whatley Witherspoon
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Beck Breeland Byrd Cain Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Davenport Easterday Felder Fleming Gamble Govan Harrell Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Martin Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Tripp Trotter Tucker Walker Wells Whipper, L. Whipper, S. White Wilder Wilkes Williams Wofford Wright Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 3A (Doc Name P:\amend\JIC\6082HTC.96), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-185. To the extent not otherwise provided by law, for all purposes of enforcement and collection, including Section 12-45-180, uniform service charges levied pursuant to Section 4-9-30(5) on real property are deemed property taxes on the real property subject to the charge."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 3A was out of order as it was not germane in that the Bill did not address uniform service charges.
Rep. McABEE argued contra the Point in stating that the Bill addressed property taxes and the amendment was attached to that. He further stated that the amendment stated that the service charges in those sections would apply the same as property taxes as far as enforcement.
ACTING SPEAKER CATO stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. SEITHEL moved to reconsider the vote whereby debate was adjourned on the following Bill.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Rep. FELDER moved to table the motion to reconsider.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Beck Brown, H. Brown, J. Cain Chamblee Clyburn Cooper Dantzler Delleney Easterday Felder Fulmer Gamble Harris, P. Harvin Hines, J. Inabinett Kinon Kirsh Knotts Koon Law Limbaugh Littlejohn Lloyd Loftis Mason McAbee McCraw McKay Neilson Quinn Rhoad Rice Riser Robinson Sharpe Smith, R. Spearman Stoddard Stuart Tripp Trotter Waldrop Walker Wilder Wilkes Wilkins Williams Witherspoon Wofford
Those who voted in the negative are:
Allison Anderson Baxley Breeland Byrd Canty Cato Cave Cobb-Hunter Cotty Cromer Davenport Govan Hallman Harrell Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Kelley Keyserling Klauber Lee Limehouse Martin McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Tucker Wells Whatley Whipper, L. Whipper, S. White Wright Young Young-Brickell
So, the motion to reconsider was tabled.
The Senate amendments to the following Bill were taken up for consideration.
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
Rep. SHARPE explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Rep. SCOTT moved to adjourn debate upon the Senate amendments until Wednesday, May 29.
Rep. J. YOUNG moved to table the motion and demanded the yeas and the nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Hodges Hutson Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Byrd Canty Cave Clyburn Cobb-Hunter Hines, J. Hines, M. Howard Inabinett Jaskwhich Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Rogers Scott White Wilder
So, the motion to adjourn debate was tabled.
Rep. SCOTT made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.
Rep. MARTIN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
Rep. SCOTT made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Rep. CATO made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.
Reps. MARTIN and LIMBAUGH, with unanimous consent, proposed the following Amendment No. 5 (Doc Name P:\amend\DKA\3832CM.96), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 2, 3, 4, 5, and 6 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.
The following Joint Resolution was taken up.
S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:
"Section 4. Every citizen of the United States and of this State of the age of eighteen and upwards who is properly registered shall be is entitled to vote in the precinct of his residence and not elsewhere. Provided, however, that any registered elector who has moved his place of residence within the State during the thirty days immediately prior to the date of any election shall be entitled to vote in his previous precinct of residence in such election only as provided by law."
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 ballot:
"Shall Article II, Section 4 of the Constitution of this State be amended so as to delete the requirement that a citizen of the United States and of this State is entitled to vote only in the precinct of his residence and that any registered elector who has moved his place of residence during the thirty days immediately prior to the date of an election is entitled to vote in his previous precinct of residence?
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'."
Rep. CROMER explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Beck Boan Breeland Brown, H. Brown, J. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed, read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
I refused to vote on S. 1213 because this clearly violates the 10th Amendment of the United States Constitution.
Rep. DANIEL T. COOPER
The following Bill was taken up.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
Rep. SPEARMAN, with unanimous consent, proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2579DW.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 7-13-75. No appointed member of a county election commission, county board of registration, or a combination board or commission of a county election commission and a county board of registration may be employed by the commission or board of which he is a member."/
Renumber sections to conform.
Amend title to conform.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
The yeas and nays were taken on the passage of the Bill, as amended, on third reading, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Lee Littlejohn Lloyd Loftis Mason McAbee McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
McCraw Phillips
So, the Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
I refused to vote on S. 1216 because this clearly violates the 10th Amendment of the U.S. Constitution.
Rep. DANIEL T. COOPER
The following Concurrent Resolution was taken up.
H. 5025 -- Reps. McAbee, P. Harris and Carnell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 FROM ANDERSON TO INTERSTATE 85 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE JOHN W. TUCKER, JR., OF ANDERSON.
Whereas, the members of the General Assembly note that their friend and colleague, John W. Tucker, Jr., representing House District 6 in Anderson County, has chosen not to seek reelection this year; and
Whereas, since his election to the House of Representatives in 1984, he has served the people of the 6th district with great distinction and singular energy, working on their behalf and in behalf of all citizens of South Carolina as he has so effectively moved through the corridors of power; and
Whereas, the career of this legislator is an exemplar of the high calling of public service and a benchmark for those who continue to serve and who in the future will take up the burden of office; and
Whereas, it is appropriate that the portion of South Carolina Highway 81 from the City of Anderson continuing to Interstate 85 be named "John W. Tucker, Jr. Highway" as a continuing tribute to his years of labor on behalf of the citizens of the district. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request that the Department of Transportation designate that portion of United States Highway 81 in Anderson County described in this resolution as "John W. Tucker, Jr. Highway" and install appropriate markers or signs at places along the highway as the department considers advisable containing the words "John W. Tucker, Jr. Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Representative Tucker.
Rep. CHAMBLEE moved to adjourn debate upon the Concurrent Resolution until Thursday, June 6.
Rep. D. SMITH moved to table the motion, which was agreed to.
Rep. COOPER proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22930SD.96), which was tabled.
Amend the resolution, as and if amended, by adding at the end thereof the following new paragraph to read:
/Be it further resolved that the members of the General Assembly request the Department of Transportation to name appropriate sections of state highways for each member of the General Assembly who has announced his or her retirement from the General Assembly in 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH moved to table the amendment, which was agreed to.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 5055 -- Reps. Davenport, Mason, J. Hines, Rice, G. Brown, Meacham, Cato, J. Young, Walker, Wofford, McCraw, Klauber, H. Brown, Kelley, Young-Brickell, R. Smith, Dantzler, Wilkins, Hutson, Knotts, Wright, Riser, Cain, Robinson, Littlejohn, Delleney, Allison, Wells, Limbaugh, Richardson, Rhoad, Harvin, Lloyd, Waldrop, Whatley, Sandifer, Easterday, Wilder, Lanford, Loftis, Witherspoon, Koon, Gamble, Boan and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.
Amend Title To Conform
Whereas, the members of the General Assembly find it is important to support and endorse the standards of the traditional family unit; and
Whereas, the State of South Carolina should promote the health, safety, and welfare of the people of this State; and
Whereas, the members of the General Assembly believe they should promote public policy which preserves traditional family values and protects present and future generations; and
Whereas, the members of the General Assembly find that the traditional family unit offers the best structure for future generations and the best support for older generations and should be the basis for all public policy affecting families and family life in this State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, recognize the traditional family unit as the cornerstone for family life in South Carolina and shall rely upon all existing state laws to protect the traditional family unit in shaping public policy in the State.
Reps. QUINN and DAVENPORT proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3795SD.96), which was adopted.
Amend the concurrent resolution, as and if amended, page 1, by inserting after /upon/ on line 37:
/ all existing state laws to protect /
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the Resolution.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Brown, G. Brown, H. Brown, J. Cain Cato Cave Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Hutson Inabinett Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. KLAUBER.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2345 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-2345. (A) Upon application being made and the required fee being paid to the department, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No antique dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for antique motor vehicle dealer plates is prohibited.
(B) For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.
(C) The cost of each plate is twenty dollars.
(D) For purposes of this section, 'antique motor vehicle' means a motor vehicle which is over thirty years old."
SECTION 2. This act takes effect upon approval by the Governor./
/s/The Honorable Herbert Kirsh /s/Senator Warren K. Giese /s/The Honorable J. Gary Simrill /s/Senator Kay Patterson /s/The Honorable Daniel T. Cooper /s/Senator Glenn G. Reese On Part of the House. On Part of the Senate.
Rep. KIRSH explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted.
S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
The following Bill was taken up.
S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.
Rep. YOUNG-BRICKELL moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.
Rep. SIMRILL moved to continue the Bill.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The House refused to continue the Bill by a division vote of 24 to 43.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10846AC.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-3-10(5) of the 1976 Code is amended to read:
"(5) On the application of either party if and when the husband and wife voluntarily have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall is not be a bar to either party obtaining a divorce on this ground.
(6) On the application of a party if and when the husband and wife have lived separate and apart without cohabitation for a period of three years because of the other party's involuntary confinement to an institution for reasons of mental incompetency or the other party's confinement to a correctional facility with a sentence of imprisonment of fifteen years or more."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. COTTY moved to adjourn debate upon the Bill until Wednesday, May 29, which was adopted.
Rep. SIMRILL moved to adjourn debate upon the following Joint Resolution until Wednesday, May 29, which was adopted.
S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 871 -- Senators Leventis, Moore, Thomas and Lander: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5072 -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING MRS. JOYCE ANN LAW OF RICHLAND COUNTY ON BEING RECOGNIZED AS THE 1995-96 TEACHER OF THE YEAR AT A. J. LEWIS GREENVIEW ELEMENTARY SCHOOL AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES PROMPTLY TO REIMPOSE THE ENVIRONMENTAL TAXES AND FEES THAT HAVE LAPSED DUE TO UNRELATED BUDGETARY CONFLICTS, SO THAT THE IMPORTANT WORK OF FUNDING THE SUPERFUND ACCOUNT, OIL SPILL FUND ACCOUNT, AND THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND ACCOUNT CAN GO FORWARD.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted.
S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
At 4:10 P.M. the House in accordance with the motion of Rep. HUTSON adjourned in memory of retired Colonel Robert Waddington Harnett of Summerville, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 1:38 P.M.