Printed Page 1950, Apr. 25
| Printed Page 1970, Apr. 25
|
Printed Page 1950, Apr. 25
| Printed Page 1970, Apr. 25
| Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives with amendments.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE
Senator SETZLER explained the Bill.
S. 1255 -- Senator Holland: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON FOR ANTLERED DEER IN GAME ZONE 5.
Senator PEELER explained the Bill.
S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD
S. 1173 -- Senators Boan and Martin: A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT A NONCURRENT LICENSE PLATE FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES FOR VIOLATION.
Senator J. VERNE SMITH spoke on the Bill.
H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3858.001), which was adopted:
Amend the bill, as and if amended, page 1, line 24, in Section 20-7-1333(A), as contained in SECTION 1, by striking line 24 in its entirety and inserting therein the following:
/a status offense or is found in violation of a court order relating to a/.
Amend the bill further, as and if amended, page 1, line 28, in Section 20-7-1333(B), as contained in SECTION 1, by striking line 28 in its entirety and inserting therein the following:
/offense or is found in violation of a court order relating to a criminal/.
Amend the bill further, as and if amended, page 1, line 34, in Section 20-7-1333(C), as contained in SECTION 1, by striking line 34 in its entirety and inserting therein the following:
/license to the Department of Public Safety for license suspension. However,/.
Amend the bill further, as and if amended, page 2, line 1, in Section 20-7-1333(D), as contained in SECTION 1, by striking line 1 in its entirety and inserting therein the following:
/to the Department of Public Safety for reissuance of the license with the/.
Amend title to conform.
Senator COURTNEY explained the amendment.
S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.
Senator CORK asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0660.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must
(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to marketing or direct solicitation; and
(2) be signed by the person making the request.
Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.
(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.
Section 56-3-530. The department may charge a fee not to exceed its costs in releasing information pursuant to this article. The department must promulgate regulations:
(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;
(2) providing a procedure for electronic processing of requests; and
(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request."
SECTION 3. Section 16-3-1710 of the 1976 Code is amended by adding:
"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."
SECTION 4. Section 16-3-1720 of the 1976 Code is amended by adding:
"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator CORK explained the amendment.
S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD1100.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. The 1976 Code is amended by adding:
/Section 1-5-40. (A) The office of Secretary of State is designated as the state office whose responsibility it is to monitor positions on the state boards and commissions specified in this subsection and any elected or appointed state boards and commissions established by the Governor or the General Assembly after the effective date of this section.
Accountancy, Board of
Aging, Division on Advisory Council
Agriculture Commission
Architectural Examiners, State Board of
Arts Commission
Athletic Commission
Auctioneer's Commission
Barrier-Free Design, Board for
Blind, Commission for the
Builders Commission, Residential
Building Code Council
College of Charleston Board of Trustees
Children's Trust Fund Board of Trustees
Chiropractic Examiners, State Board of
The Citadel Board of Visitors
Clemson University Board of Trustees
Coastal Carolina University Board of Trustees
Consumer Affairs, Commission on
Contractors' Licensing Board
Cosmetology, State Board of
Professional Counselors, Associate Counselors and Marital and
Family Therapists, State Board of Examiners
Deaf and Blind, School for the
Dentistry Board
Disabilities and Special Needs Commission
Education, State Board of
Education Board, Southern Regional
Education Council
Educational Television Commission
Election Commission
Employment Security Commission
Registration for Professional Engineers and Land Surveyors
Environmental Certification Board
Ethics Commission
Financial Institutions, Board of
Fisheries Commission, Atlantic States Marine
Office of General Services, State Fleet Management
Forestry Commission
Francis Marion University Board of Trustees
Funeral Service Board
Geologists, Board of Registration for
Governor's Mansion and Lace House Commission
DHEC-Board of Health and Environmental Control
-Office of Ocean and Coastal Resource Management Board
Higher Education Commission
Holocaust, Council on the
Housing, Finance and Development Authority
Human Affairs Commission
Indigent Defense, Commission on
Intergovernmental Relations, Advisory Commission on
Jobs and Economic Development Authority
John de la Howe School
Juvenile Justice, Dept of - Board of Juvenile Parole
Law Examiners Board
Library Board
Liquefied Petroleum Gas Board
Long Term Health Care Administrators, Board of
Manufactured Housing Board
Maternal, Infant and Child Health, Council on
Medical Examiners, Board of
Medical University of South Carolina Board of Trustees
Mental Health, State Department of - Commission
Migrant Farm Workers Commission
Mining Council
Minority Affairs, Commission for
Museum Commission
Natural Resources, Department of
-Natural Resources Board
-Heritage Trust Advisory Board
Nuclear Advisory Council
Nursing, Board of
Occupational Health and Safety Review Board
Occupational Therapy, Board of
Old Exchange Building Commission
Opportunity School, Wil Lou Gray Board of Trustees
Opticianry, Board of Examiners in
Optometry, Board of Examiners in
Patriots Point Development Authority
Pharmacy, Board of
Physical Therapy Examiners, State Board of
Podiatry Examiners, Board of
Ports Authority Board
Prisoner of War Commission
Probation, Parole and Pardon Services, Board of
Prosecution Coordination, Commission on
Psychology, Board of Examiners in
Public Service Authority, Board of Directors
Public Service Commission
Pyrotechnic Safety, Board of
Radiation Control Technical Advisory Council
Real Estate Commission
Real Estate Appraisers Board
Reorganization Commission
Social Work Examiners, Board of
Speech-Language Pathology and Audiology, Board of Examiners
State University Board of Trustees
Tax Board of Review
Technical and Comprehensive Education, Board for
Transportation Department Commission
University of South Carolina Board of Trustees
Veterinary Medical Examiners, Board of
Vocational Rehabilitation, Board of
Winthrop University Board of Trustees
Women, Governor's Office, Commission on
Workers' Compensation Commission
(B) The Secretary must keep an up-to-date compilation of the membership of the boards and commissions listed in subsection (A) so that members of the General Assembly and interested citizens may be informed of the current composition of these boards and commissions. This compilation must include (1) length of term for each office; (2) vacancies; (3) terms which have expired; (4) the month and year in which terms have expired or will expire; and (5) the body or authority which elects or appoints, as appropriate.
(C) The Secretary must publicize vacancies, expired terms, and those terms expiring within one year on a quarterly basis in a manner that provides the widest distribution possible."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator WALDREP proposed the following Amendment No. 1 (JUD1100.002), 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 2-19-25. A person serving in an office elected by the General Assembly who is not seeking reelection must give written notice to the joint committee to review candidates for that office of his decision to not seek reelection. The notice must be given not less than thirty days prior to the last date for filing for that election, and is irrevocable. For purposes of this section, `person serving in an office elected by the
Printed Page 1950, Apr. 25
| Printed Page 1970, Apr. 25
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