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:
Our Father God, show us who we are and what we ought to be:
Help us to look backward to see again the ideals of our founding fathers.
Help us to look around us to perceive the needs of our world today.
Help us to look inward to examine our own consciences.
Help us to look upward to seek wisdom and understanding from God.
Help us to work as to set forward Your will for the good of our people.
Lord, in Your mercy, hear our prayer. 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. CLYBURN moved that when the House adjourns, it adjourn in memory of Pamela May Hart of Edgefield, which was agreed to.
May 18, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 1998, and to expire December 24, 2004:
Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406-9769
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received.
Document No. 2227
Promulgated By Department of Education
Statutory Authority: 1976 Code Section 59-39-190
Superior Scholars for Today and Tomorrow (STAR) High School Diploma/Scholarship
Received By Speaker January 14, 1998
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration Date May 14, 1998
Revised June 24, 1998
Revised July 20, 1998
Senate Education Committee requested withdrawal March 6, 1998
House Education and Public Works Committee requested withdrawal March 31, 1998
Agency submitted letter of refusal April 16, 1998
House Education and Public Works Committee requested withdrawal April 23, 1998
Withdrawn and Resubmitted May 19, 1998
The following was received.
Columbia, S.C., May 14, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Land and Drummond of the Committee of Conference on the part of the Senate on:
Received as information.
The following was received.
Columbia, S.C., May 14, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Land and Drummond of the Committee of Conference on the part of the Senate on H. 4702:
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 14, 1998
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 S. 593:
S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Rep. TRIPP, for the minority, submitted an unfavorable report on:
H. 4870 -- Reps. Jennings, Baxley, Harrell, Knotts and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MAY BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS AND ATTORNEY'S FEES WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO DELETE LANGUAGE MADE OBSOLETE BY THE PROVISIONS OF SECTION 61-6-1825 AS ADDED ABOVE.
Ordered for consideration tomorrow.
On motion of Rep. COTTY, with unanimous consent, the following was taken up for immediate consideration:
H. 5157 -- Reps. Cotty, Sheheen, Boan and Baxley: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LUGOFF-ELGIN HIGH SCHOOL "DEMONS" WRESTLING TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 20, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Lugoff-Elgin High School "Demons" Wrestling Team, coaches, and other school officials on Wednessday, May 20, 1998, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998 Class AAA State Championship.
The Resolution was adopted.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 5158 -- Rep. Scott: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE THEO W. MITCHELL ON HIS MANY YEARS OF SERVICE IN THE SOUTH CAROLINA GENERAL ASSEMBLY AND FOR HIS COMMITMENT TO THE PEOPLE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 5159 -- Reps. Wilkins, Haskins, Harrison, Cato, H. Brown, Townsend, J. Brown, Sharpe and D. Smith: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1998, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 16, 1998, IN STATEWIDE SESSION AND TO CONTINUE IN STATEWIDE SESSION IF NECESSARY UNTIL WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON WEDNESDAY, JUNE 17, 1998, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 4, 1998, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that when the Senate and House of Representatives adjourn on Thursday, June 4, 1998, to not adjourn later than 5:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 16, 1998, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Wednesday, June 17, 1998, for the following matters:
(1) consideration of gubernatorial vetoes;
(2) ratification of acts;
(3) consideration and confirmation of appointments;
(4) consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments;
(6) consideration of resolutions expressing sympathy or congratulations or setting judicial elections;
(7) joint sessions of the General Assembly for the purpose of holding judicial elections if a separate concurrent resolution for these elections is adopted by the House of Representatives and the Senate scheduling the elections at a specified date and time for each of the offices to be filled; and
(8) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 155 of 1997 beyond June 30, 1998.
(B) Each house may also provide for local session days during the period between June 4, 1998, and June 16, 1998, for consideration of local legislation which has the unanimous consent of the affected delegation.
(C) When each house adjourns not later than 5:00 p.m. on Wednesday, June 17, 1998, the General Assembly shall stand adjourned sine die.
The Concurrent Resolution was adopted and ordered sent to the Senate by a division vote of 76 to 11.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 5160 -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, TUESDAY, JUNE 16, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2003.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, June 16, 1998, at 12:00 noon to elect a successor to the Honorable Charles William Whetstone, Jr., Judge of the First Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas Leslie Hughston, Jr., Judge of the Eighth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable David H. Maring, Sr., Judge of the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 2003.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5161 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO CONGRATULATE JARED DANIEL MOBLEY OF BARNWELL COUNTY ON THE OCCASION OF HIS GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW AND TO WISH HIM THE VERY BEST AS HE FURTHERS HIS LEGAL EDUCATION AT THE NEW YORK UNIVERSITY SCHOOL OF LAW.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1239 -- Senators Jackson and Patterson: A CONCURRENT RESOLUTION TO HONOR THE SELFLESS DEVOTION OF MRS. ANNA MAE DICKSON OF COLUMBIA TO HER CITY, HER COMMUNITY, AND ITS CHILDREN, AND TO EXPRESS THE DEEP SORROW OF THIS STATE AT HER DEATH ON SUNDAY, MAY 17, 1998.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5162 -- Reps. Hawkins and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-699 SO AS TO DESIGNATE THE SPOTTED SALAMANDER, AMBYSTOMA MACULATUM, AS THE OFFICIAL STATE AMPHIBIAN.
Rep. LITTLEJOHN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1145 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1214 -- Senator Holland: A BILL TO AMEND ARTICLE 11, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COORDINATING COUNCIL; BY AMENDING SECTION 23-6-510, SO AS TO ESTABLISH MEMBERSHIP ON THE COUNCIL; BY AMENDING SECTION 23-6-520, SO AS TO PROVIDE FOR THE SELECTION OF OFFICERS FOR THE COUNCIL; BY AMENDING SECTION 23-6-530, SO AS TO PROVIDE FOR MEETING PROCEDURES; AND BY ADDING SECTION 23-6-540, SO AS TO SPECIFY THE POWERS AND DUTIES OF THE COUNCIL.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Altman Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Maddox Martin Mason McAbee McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 19.
Harry R. Askins Kenneth Kennedy Denny W. Neilson Glenn Lewis Hamilton Gilda Cobb-Hunter E. DeWitt McCraw Jackson S. Whipper George H. Bailey Daniel L. Tripp Theodore A. Brown Fletcher Nathaniel Smith, Jr. Marion H. Kinon Lynn Seithel
LEAVES OF ABSENCE
The SPEAKER granted Rep. MACK a leave of absence for the day to attend a conference in San Antonio.
The SPEAKER granted Rep. HARRIS a leave of absence to attend a funeral.
The SPEAKER granted Rep. JENNINGS a leave of absence to attend a funeral.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, May 12.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4918
DATE REMOVE:
5/19/98 Denny W. Neilson
Bill Number: H. 4408
DATE ADD:
5/19/98 Rex Fontaine Rice
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
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 General Assembly finds that the implementation of the amendment to Article X, Section 16 of the Constitution of this State ratified by Act 77 of 1997 authorizing the investment and reinvestment of the funds of the various state-operated retirement systems in equity securities requires the enactment of implementing legislation. By this act, the provisions of the amendment are carried into effect.
SECTION 2. Title 9 of the 1976 Code is amended by adding:
Section 9-16-10. As used in this chapter, unless a different meaning is plainly required by the context:
(1) 'Assets' means all funds, investments, and similar property of the retirement system.
(2) 'Beneficiary' means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program.
(3) 'Board' means the State Budget and Control Board acting as trustee of the retirement system.
(4) 'Fiduciary' means a person who:
(a) exercises any authority to invest or manage assets of a system;
(b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; or
(c) is a member of the State Budget and Control Board when it acts as trustee for the retirement system.
(5) 'Participant' means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by laws governing the retirement system and who has withdrawn his contributions from the retirement system.
(6) 'Panel' means the State Retirement Systems Investment Panel established pursuant to Section 9-16-310.
(7) 'Retirement program' means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances:
(a) provides retirement benefits to qualifying employees and beneficiaries; or
(b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.
(8) 'Retirement system' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, and Police Officers Retirement System established pursuant to Chapters 1, 8, 9, and 11 of this title.
(9) 'Trustee' means the State Budget and Control Board.
Section 9-16-20. (A) All assets of a retirement system are held in trust. The trustee has the exclusive authority, subject to this chapter and Section 9-1-1310, to invest and manage those assets.
(B) If the retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1, et seq.), the assets of the system include the security, but not assets of the investment company.
Section 9-16-30. (A) The trustee may delegate functions that a prudent trustee acting in a like capacity and familiar with those matters could properly delegate under the circumstances but final authority to invest cannot be delegated.
(B) The trustee shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement program; and
(3) periodically reviewing the agent's performance and compliance with the terms of the delegation.
(C) In performing a delegated function, an agent owes a duty to the retirement system and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 9-16-40.
(D) A trustee who complies with subsections (A) and (B) is not liable to the retirement system or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.
(E) By accepting the delegation of a function from the trustee, an agent submits to the jurisdiction of the courts of this State.
(F) A trustee may limit the authority of an agent to delegate functions under this section.
Section 9-16-40. A trustee or other fiduciary shall discharge duties with respect to a retirement system:
(1) solely in the interest of the retirement systems, participants, and beneficiaries;
(2) for the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
(3) with the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
(4) impartially, taking into account any differing interests of participants and beneficiaries;
(5) incurring only costs that are appropriate and reasonable; and
(6) in accordance with a good faith interpretation of this chapter.
Section 9-16-50. (A) In investing and managing assets of a retirement system pursuant to Section 9-16-40, the trustee:
(1) shall consider among other circumstances:
(a) general economic conditions;
(b) the possible effect of inflation or deflation;
(c) the role that each investment or course of action plays within the overall portfolio of the retirement system;
(d) needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(e) the adequacy of funding for the plan based on reasonable actuarial factors;
(2) shall diversify the investments of the retirement system unless the trustee reasonably determines that, because of special circumstances, it is clearly prudent not to do so;
(3) shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement system;
(4) may invest in any kind of property or type of investment consistent with this chapter and Section 9-1-1310;
(5) may consider benefits created by an investment in addition to investment return only if the trustee determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.
(B) The trustee shall adopt a statement of investment objectives and policies for the retirement system. The statement must include the desired rate of return on assets overall, the desired rates of return and acceptable levels of risk for each asset class, asset-allocation goals, guidelines for the delegation of authority, and information on the types of reports to be used to evaluate investment performance. At least annually, the trustee shall review the statement and change or reaffirm it. The relevant portion of this statement may constitute parts of the annual investment plan required pursuant to Section 9-16-330.
Section 9-16-60. (A) Compliance by the trustee or other fiduciary with Sections 9-16-30, 9-16-40, and 9-16-50 must be determined in light of the facts and circumstances existing at the time of the trustee's or fiduciary's decision or action and not by hindsight.
(B) The trustee's investment and management decisions must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the retirement system.
Section 9-16-70. (A) The trustee or other fiduciary who breaches a duty imposed by this chapter is personally liable to the retirement system for any losses resulting from the breach and any profits resulting from the breach or made by the trustee or other fiduciary through use of assets of the system by trustees or other fiduciary. The trustee or other fiduciary is subject to other equitable remedies as the court considers appropriate, including removal.
(B) An agreement that purports to limit the liability of a trustee or other fiduciary for a breach of duty under this chapter is void.
(C) The retirement system may insure a trustee, fiduciary, or itself against liability or losses occurring because of a breach of duty under this chapter.
(D) A trustee or other fiduciary may insure against personal liability or losses occurring because of a breach of duty under this chapter if the insurance is purchased or provided by the individual trustee or fiduciary, but a fiduciary who obtains insurance pursuant to this chapter must disclose all terms, conditions, and other information relating to the insurance policy to the retirement system.
Section 9-16-80. (A) Meetings by the board while acting as trustee of the retirement system or by its fiduciary agents to deliberate about, or make tentative or final decisions on, investments or other financial matters may be in executive session if disclosure of the deliberations or decisions would jeopardize the ability to implement a decision or to achieve investment objectives.
(B) A record of the board or of its fiduciary agents that discloses deliberations about, or a tentative or final decision on, investments or other financial matters is exempt from the disclosure requirements of Chapter 4 of Title 30, the Freedom of Information Act, to the extent and so long as its disclosure would jeopardize the ability to implement an investment decision or program or to achieve investment objectives.
Section 9-16-90. (A) The trustees shall provide investment reports at least quarterly during the fiscal year to the panel, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities.
(B) In addition to the quarterly reports provided in subsection (A), the trustees shall provide an annual report to the panel, the Speaker of the House of Representatives, members of the House of Representatives or Senate, but only upon their request, the President Pro Tempore of the Senate, and other appropriate officials and entities of the investment status of the retirement systems. The report must contain:
(1) a description of a material interest held by a trustee, fiduciary, or an employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in a material transaction with the system within the last three years or proposed to be effected;
(2) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
(3) a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and
(4) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, costs, and fair value and identifying an asset that is in default or classified as uncollectible.
These disclosure requirements are cumulative to and do not replace other reporting requirements provided by law.
Section 9-16-310. There is created the State Retirement Systems Investment Panel, consisting of five members, one each appointed by the Governor, State Treasurer, Comptroller General, the chairman of the Ways and Means Committee of the House of Representatives, and the chairman of the Senate Finance Committee. The member appointed by the Governor shall serve as chairman. All members appointed to the panel must possess substantial financial investment experience. No person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. Members shall serve for terms of two years and until their successors are appointed and qualify. Vacancies must be filled for the unexpired term in the manner of the original appointment. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem authorized by law for members of state boards, commissions, and committees.
Section 9-16-320. (A) The panel shall meet no later than May first of each year to adopt the proposed annual investment plan for the retirement systems for the next fiscal year. The annual investment plan must be developed by the panel. No later than June first of each year, the panel shall submit the proposed plan to the board. Amendments may be made to the plan by the panel during the fiscal year with the approval of the board.
(B) The panel shall meet at least once during each fiscal year quarter for the purposes of reviewing the performance of investments, assessing compliance with the annual investment plan, and determining whether to recommend amendments to the plan to the board. The panel shall meet at such other times as are set by the panel or the chairman or requested by the board.
(C) The panel may discuss, deliberate on, and make decisions on a portion of the annual investment plan or other related financial or investment matters in executive session if disclosure thereof would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(D) A record of the panel or of the Retirement System that discloses discussions, deliberations, or decisions on portions of the annual investment plan or other related financial or investment matters is not a public record under Section 30-4-20 to the extent and so long as its disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(E) The costs of administering the duties of the panel must be paid from the investment earnings of these systems. Administrative and clerical assistance to the panel must be provided. The board must approve all reasonable expenses of the panel in performing its duties under this section.
(F) The panel does not act as a fiduciary with respect to the funds of the retirement system, but must exercise reasonable care and skill in carrying out its duties.
(G) The panel may retain independent advisors to assist it and periodically shall provide for an outside evaluation of the investment strategy of the board.
Section 9-16-330. (A) The board shall provide the panel with a statement of actuarial assumptions and general investment objectives. The board shall review the statement annually for the purpose of affirming or changing it and advise the panel of its actions.
(B) The annual investment plan must be consistent with actions taken by the board pursuant to subsection (A) and must include, but is not limited to, the following components:
(1) general operational and investment policies;
(2) investment objectives and performance standards;
(3) investment strategies, which may include indexed or enhanced indexed strategies as the preferred or exclusive strategies for equity investing, and an explanation of the reasons for the selection of each strategy;
(4) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class;
(5) policies and procedures providing flexibility in responding to market contingencies;
(6) procedures and policies for selecting, monitoring, compensating, and terminating investment consultants, equity investment managers, and other necessary professional service providers; and
(7) methods for managing the costs of the investment activities.
(C) In developing the annual investment plan, the panel shall:
(1) diversify the investments of the retirement systems, unless the panel reasonably determines that, because of special circumstances, it is clearly not prudent to do so; and
(2) make a reasonable effort to verify facts relevant to the investment of assets of the retirement systems.
Section 9-16-340. (A) The State Budget and Control Board, as trustee of the retirement system, shall invest and reinvest the assets of the retirement systems as provided in Section 9-1-1310. The State Treasurer shall serve as the agent of the board with respect to investments made pursuant to Article 7, Chapter 9, Title 11. Investments allowed by law in equities may be made by the board in the manner it shall determine, consistent with Section 9-16-330 and consistent with its fiduciary duties with respect to the retirement funds. The board may employ or retain administrators, agents, consultants, or other advisors it considers necessary with respect to making equity investments. The board is subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act, in the implementation of this article.
(B) After receiving the proposed plan of the panel, the board shall adopt an annual investment plan, which must be implemented by the board. The board shall regularly review the plan implementation and make amendments as it considers appropriate.
(C) The plan adopted must provide:
(1) the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed forty percent and the minimum and maximum portions of system assets not to exceed ten percent that may be allocated to additional equity investment during the plan fiscal year. When investments in equities attain the maximum allocation allowed by this item, up to forty percent of current member and employer contributions to the retirement system may be invested in equities. If, due to growth in value of equity investments, equity investments exceed forty percent of the total assets of the retirement system, this subsection does not require the sale of equities to reduce the percentage of equities to forty percent;
(2) preference to brokerage firms domiciled in this State for conducting nondiscretionary brokerage transactions if these brokerage firms are able to meet the test of equal service and best execution in the purchase and sale of authorized investments.
Section 9-16-350. (A) It is unlawful for a member, employee, or agent of the panel or anyone acting on his behalf to use any information concerning panel activities to obtain any economic interest for himself, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated.
(B) If a member of the panel, an employee of the panel, or a member of his immediate family holds an economic interest in a blind trust, he is not considered to have violated the provisions of subsection (A) even if the acquisition of the economic interest by the blind trust would otherwise violate the provisions of subsection (A), if the existence of the blind trust and the manner of its control is disclosed to the State Ethics Commission and the Budget and Control Board.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years and fined not more than one hundred thousand dollars.
(D) The provisions of this section are cumulative to, and not in lieu of, any other provisions of law applicable to the panel and its members in the performance of official duties including, but not limited to, Chapter 13 of Title 8."
SECTION 3. Section 9-1-1310 of the 1976 Code is amended to read:
"Section 9-1-1310. The board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7, of Chapter 9, of Title 11, upon the investment of sinking funds of the State, and, subject to like terms, conditions, limitations, and restrictions, may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created herein shall in this chapter have been invested, as well as plus the proceeds of such these investments and any moneys monies belonging to such these funds. Additionally, and without regard to the limitations imposed pursuant to Article 7, Chapter 9, Title 11, the board may invest and reinvest the funds of the system in equity securities of a corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act, 1934, or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System, or a similar service."
SECTION 4. Section 9-8-160(1) of the 1976 Code is amended to read:
"(1) The board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, may hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of such investments and any moneys belonging to the fund, all in such the same manner as funds of the South Carolina Retirement System are invested and reinvested pursuant to Section 9-1-1310."
SECTION 5. Section 9-9-150(1) of the 1976 Code is amended to read:
"(1) The board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, may hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund, all in such the same manner as funds of the South Carolina Retirement System are invested and reinvested pursuant to Section 9-1-1310."
SECTION 6. Section 9-11-240(1) of the 1976 Code is amended to read:
"(1) The board shall be is the trustee of the system, and may invest and reinvest such the funds as the funds of the South Carolina Retirement System may be invested and reinvested as provided in Section 9-1-1310, may hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund."
SECTION 7. A. Section 30-4-40(a) of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an appropriately numbered item at the end to read:
"( ) Records exempt pursuant to Section 9-16-80(B) and 9-16-320(D)."
B. Section 30-4-70 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) The State Budget and Control Board, while meeting as the trustee of the State Retirement System, or of the State Retirement Systems Investment Panel, if the meeting is in executive session specifically pursuant to Section 9-16-80(A) or 9-16-320(C)."
SECTION 8. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Senator John C. Land III /s/Rep. Steve P. Lanford /s/Senator Thomas L. Moore /s/Rep. Merita A. Allison /s/Senator Larry A. Martin /s/Rep. Alfred B. Robinson, Jr. On Part of the Senate. On Part of the House.
Rep. LANFORD explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. J. HINES moved to adjourn debate upon the following Bill until Thursday, May 28, which was adopted.
S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5143 -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
H. 5150 -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 1013 -- Senator Lander: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Rep. SHARPE explained the Bill.
S. 1167 -- Senator Holland: A BILL TO AMEND TITLE 26, CODE OF THE LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5, SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
Rep. LAW explained the Bill.
H. 5141 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NATURAL PUBLIC SWIMMING AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2261, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILKES explained the Joint Resolution.
Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 26, which was adopted.
H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The following Bill was taken up.
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15634CM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.
(2) 'Person' means an individual 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.
For purposes of this article, a victim of a misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', charge' or any variation of these terms as used in this article means all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."
B. Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.
(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.
(E) After effecting the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency the facility having custody must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.
(F) After the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency the facility having custody must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.
(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court judge:
(1) the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a family court judge:
(1) the prosecuting agency must reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."
C. Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"Section 16-3-1530. (A) A jail, prison, or detention or holding facility having custody of a person Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:
(1) a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;
(B)(2) A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;
(C)(3) A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;
(D)(4) A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."
D. Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a written victim victim's impact statement with the victim's personal information deleted. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."
E. Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."
F. Section 4B of Act 141 of 1997 is amended to read:
"B. For fiscal year 1997-98, each county's monthly disbursement under Section 14-1-206(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-206(C)(1) through (C)(7) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursement to the county pursuant to Section 14-1-206(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-206(C)(1) through (C)(7) to the same amount as the same month in fiscal year 1996-97, and the total reduction of disbursements to the county for the year pursuant to Section 14-1-206(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements pursuant to Section 14-1-206(C)(1) through (C)(7) to the same amount as in fiscal year 1996-97. The monthly report by the county treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision. For fiscal year 1998-99, each county's monthly allocation under Section 14-1-206(B) must be reduced, unless the monthly remittance received by the State Treasurer from the county for Section 14-1-206(C) is at least equal to the remittance received by the State Treasurer from the county in the same month in fiscal year 1996-97. The reduction of the monthly allocation to the county pursuant to Section 14-1-206(B) may not be any greater than the amount necessary to bring the monthly State remittance for Section 14-1-206(C) to the same amount received in the same month in fiscal year 1996-97, and the total reduction of allocations to the county for the year pursuant to Section 14-1-206(B) for the fiscal year 1998-99 must not be any greater than the amount necessary to bring the total of the monthly remittances to the State Treasurer for the year pursuant to Section 14-1-206(C) to the same amount as received in fiscal year 1996-97. The monthly report by the county treasurer must show the amount remitted to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer."
G. Section 5B of Act 141 of 1997 is amended to read:
"B. For fiscal year 1997-98, each county's monthly disbursement under Section 14-1-207(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-207(C)(1) through (C)(7) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursement to the county pursuant to Section 14-1-207(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-207(C)(1) through (C)(7) to the same amount as the same month in fiscal year 1996-97, and the total reduction of the disbursements to the county for the year pursuant to Section 14-1-207(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements for the year pursuant to Section 14-1-207(C)(1) through (C)(7) to the same amount as in fiscal year 1996-97. The monthly report by the county treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision. For fiscal year 1998-99, each county's monthly allocation under Section 14-1-207(B) must be reduced, unless the monthly remittance received by the State Treasurer from the county for Section 14-1-207(C) is at least equal to the remittance received by the State Treasurer from the county in the same month in fiscal year 1996-97. The reduction of the monthly allocation to the county pursuant to Section 14-1-207(B) may not be any greater than the amount necessary to bring the monthly State remittance for Section 14-1-207(C) to the same amount received in the same month in fiscal year 1996-97, and the total reduction of allocations to the county for the year pursuant to Section 14-1-207(B) for the fiscal year 1998-99 must not be any greater than the amount necessary to bring the total of the monthly remittances to the State Treasurer for the year pursuant to Section 14-1-207(C) to the same amount as received in fiscal year 1996-97. The monthly report by the county treasurer must show the amount remitted to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer."
H. Section 6B of Act 141 of 1997 is amended to read:
"B. For fiscal year 1997-98, each municipality's monthly disbursement under Section 14-1-208(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-208(C)(1) through (C)(8) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursements to the municipality pursuant to Section 14-1-208(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-208(C)(1) through (C)(8) to the same amount as the same month in fiscal year 1996-97, and the total reduction of disbursements to the municipality for the year pursuant to Section 14-1-208(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements pursuant to Section 14-1-208(C)(1) through (C)(8) to the same amount for the year as in fiscal year 1996-97. The monthly report by the city treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the municipality for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision. For fiscal year 1998-99, each county's monthly allocation under Section 14-1-208(B) must be reduced, unless the monthly remittance received by the State Treasurer from the county for Section 14-1-208(C) is at least equal to the remittance received by the State Treasurer from the county in the same month in fiscal year 1996-97. The reduction of the monthly allocation to the county pursuant to Section 14-1-208(B) may not be any greater than the amount necessary to bring the monthly State remittance for Section 14-1-208(C) to the same amount received in the same month in fiscal year 1996-97, and the total reduction of allocations to the county for the year pursuant to Section 14-1-208(B) for the fiscal year 1998-99 must not be any greater than the amount necessary to bring the total of the monthly remittances to the State Treasurer for the year pursuant to Section 14-1-208(C) to the same amount as received in fiscal year 1996-97. The monthly report by the county treasurer must show the amount remitted to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer."
I. Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.
(C) When monies collected pursuant to subsection (A) are withheld or diverted from any agency or office having responsibilities as directed by this provision, all responsibilities and liabilities are assumed by the office, agency, official, or their representative having received the monies.
(D) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."
J. This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.
K. This section takes effect upon approval by the Governor.
SECTION 2. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of the offense.
(2) "Person" means an individual 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. "Criminal offense" does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.
For purposes of this article, a victim of any misdemeanor or felony under State law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge', or any variation of these terms as used in this article mean all misdemeanors and felonies under State law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."
B. This does not affect an action or proceeding commenced or a right accrued before the effective date of this act.
C. This section takes effect upon the ratification of the constitutional amendment contained in an act of 1998 containing Ratification Number 277./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Reps. HARRISON and YOUNG proposed the following Amendment No. 2 (Doc Name P:\AMEND\GGS\22117CM.98), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, beginning on Page 4767-1, in its entirety and inserting:
/SECTION 1. A. Section 16-3-1510(1), (2), and (3) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means a person any individual who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the person's any individual's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful representative any individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant, unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an illegal act at the time of an offense.
(2) 'Person' means an individual 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. 'Criminal offense' does not include the drawing or uttering of a fraudulent check an offense against the person of an individual when physical or psychological harm occurs, or the property of an individual when the value of the property stolen or destroyed, or the cost of the damage to the property, is in excess of one thousand dollars. This includes both common law and statutory offenses, the offenses contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210, 56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law offense of attempt, punishable pursuant to Section 16-1-80. However, 'criminal offense' specifically excludes the drawing or uttering of a fraudulent check or an offense contained in Title 56 that does not involve personal injury or death.
For purposes of this article, a victim of a misdemeanor or felony under state law must be notified of or provided with the information required by this section. The terms 'crime', 'criminal conduct', 'charge' or any variation of these terms as used in this article means all misdemeanors and felonies under state law except the crimes the General Assembly specifically excludes from the notification provisions contained in this article."
B. Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.
(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim. The law enforcement officer detaining the juvenile, regardless of where the juvenile is physically detained, retains the responsibility of notifying the victims of the pretrial, bond, and detention hearings, or pretrial releases that are not delegated pursuant to this article.
(E) After effecting the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency the facility having custody must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.
(F) After the arrest or Upon detention of a person, other than a juvenile, accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency the facility having custody must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.
(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court judge:
(1) the facility having custody of the defendant reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the summary court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing in a case involving a victim, must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a family court judge:
(1) the prosecuting agency must reasonably must attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must be detained, must impose conditions of release which are sufficient to protect a victim from harassment or intimidation by the juvenile or a person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend."
C. Section 16-3-1530 of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"Section 16-3-1530. (A) A jail, prison, or detention or holding facility having custody of a person Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:
(1) a department or agency having custody or custodial supervision of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person.;
(B)(2) A a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.;
(C)(3) A a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.;
(D)(4) A a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person."
D. Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, or the Board of Juvenile Parole, or and the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a written victim victim's impact statement with the victim's personal information deleted. The victim's impact statement may be sealed by the appropriate authority until the defendant has been adjudicated, found guilty, or has pled guilty."
E. Section 16-3-1560(A) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:
"(A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings."
F. Revenues distributed on a monthly basis to fund existing State programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c) must equal the revenues received under these sections in fiscal year 1996-1997 before distributions can be made under Sections 14-1-206(B), 14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through April 30, 1999. The purpose of this provision is to reauthorize and adopt the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of 1997 for the period of July 1, 1998, through April 30, 1999.
Pursuant to Section 11-7-25, the State Auditor must examine the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-10-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. This audit must be completed and submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee no later than January 1, 1999.
G. Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.
(C) When monies collected pursuant to subsection (A) are withheld or diverted from any agency or office having responsibilities as directed by this provision, all responsibilities and liabilities are assumed by the office, agency, official, or their representative having received the monies.
(D) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system."
H. This section does not affect an action or proceeding commenced or a right accrued before the effective date of this act.
I. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Reps. SCOTT, MOODY-LAWRENCE, INABINETT, LLOYD, WHIPPER, GOURDINE, HARRELL, BREELAND and DAVENPORT requested debate on the Bill.
The following Bill was taken up.
H. 5020 -- Rep. Harrison: A BILL TO AMEND TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 4408 -- Reps. Meacham, Neilson, Sandifer, Bailey, Govan, Woodrum, McKay, Kirsh, Martin, Maddox, Canty, Mullen, Young-Brickell, Byrd, Inabinett, Neal, McGee, D. Smith, Lanford and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-25 SO AS TO MAKE IT AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE FOR A PERSON WHO MAILS CERTAIN MERCHANDISE CATALOGUES OR CERTAIN BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL TO A RECIPIENT TO FAIL TO HONOR THE RECIPIENT'S REQUEST THAT THE MAILER CEASE SENDING SUCH CATALOGUES, BROCHURES, LEAFLETS, FLYERS, OR OTHER ITEMS OF MAIL AND TO PROVIDE FOR RELATED MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15618AC.98), which was adopted.
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 39-5-25. (A) A person who mails a merchandise catalogue, brochure, leaflet, or flyer to a resident of this State which advertises or promotes a product or service and in any manner solicits the recipient to purchase or contract for any goods or services or to participate in any event that requires or implies that to receive such goods or services or to participate in the event, a consumer must pay money or purchase merchandise through the mail, shall provide somewhere on the catalogue, brochure, leaflet, or flyer a clear statement in legible type in contrast by typography, layout, or color with other printed matter explaining how the recipient can request that the mailer cease sending the catalogue, brochure, leaflet, or flyer to the recipient. The mailer shall honor the request if made by the recipient.
(B) This section does not apply to mailed requests for voluntary donations for non-profit organizations or other entities which are exempt from income taxation if the organization's or entity's taxation records are open to public inspection.
(C) Violation of this section constitutes an unfair or deceptive act or practice in the conduct of trade or commerce under Section 39-5-20 and subjects the violator to the provisions of this article.
(D) Upon a finding by the Attorney General of South Carolina that subsection (A) of this section has been violated, the Attorney General may issue an explicit written warning to the violator to cease and desist. Upon a finding by the Attorney General that subsection (A) has been violated a second time, the Attorney General may take action to enforce this article."
SECTION 2. This act takes effect ninety days after approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
Rep. YOUNG-BRICKELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4359 -- Reps. Law and Cato: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4995MM.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 34 of the 1976 Code is amended by adding:
Section 34-39-110. This chapter may be cited as the 'South Carolina Deferred Presentment Services Act'.
Section 34-39-120. As used in this chapter, unless the context clearly requires otherwise, the term:
(1) 'Board' means the State Board of Financial Institutions.
(2) 'Check' means a check signed by the maker and made payable to a person licensed pursuant to this chapter. The name of the maker must be preprinted on the face of the check. 'Counter checks' and checks without the name of the maker preprinted on the face of the check may not be accepted by a licensee.
(3) 'Deferred presentment services' means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:
(a) accepting a check dated on the date it was written; and
(b) holding the check for a period of time before presentment for payment or deposit.
(4) 'Licensee' means a person licensed to provide deferred presentment services pursuant to this chapter.
(5) 'Person' means an individual, group of individuals, partnership, association, corporation, or other business unit or legal entity.
(6) 'Location' means the entire space in which deferred presentment services are provided. The space must be completely separated from any space where goods or services are sold or leased. The location must be separately staffed and must not have a common entrance with any other business not permitted by this chapter.
Section 34-39-130. (A) A person may not engage in the business of deferred presentment services without first obtaining a license pursuant to this chapter. A separate license is required for each location from which the business is conducted. The licensee shall post its license to engage in the business of deferred presentment services at each location licensed pursuant to this chapter.
(B) A person engaged in the business of deferred presentment services on the effective date of this chapter may continue to engage in the business without a license until the board has acted upon the application for a license, but the application must be filed within sixty days after the effective date of this chapter.
Section 34-39-140. This chapter does not apply to:
(1) a bank, savings institution, credit union, or farm credit system organized under the laws of the United States or any state; and
(2) a person principally engaged in the bona fide retail sale of goods or services who, either as an incident to or independently of a retail sale or service and not holding itself out to be a deferred presentment service, from time to time cashes checks, drafts, or money orders without a fee or other consideration.
Section 34-39-150. (A) An application for licensure pursuant to this chapter must be in writing, under oath, and on a form prescribed by the board. The application must set forth all of the following:
(1) the legal name and residence and business addresses of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, managing employee, and director of it;
(2) the location of the registered office of the applicant;
(3) the registered agent of the applicant if the applicant is required by other law to have a registered agent;
(4) the addresses of the locations to be licensed; and
(5) other information concerning the financial responsibility, background experience, and activities, such as other partnerships, associations, and corporations located at or adjacent to the licensed location, of the applicant and its members, officers, managing employees, and directors as the board requires.
(B) Upon receipt of an application in the form prescribed by the board, accompanied by the required fee, the board shall investigate whether the qualifications for licensure are satisfied. If the board finds that the qualifications are satisfied, it shall issue to the applicant a license to engage in the deferred presentment services business. If the board fails to issue a license, it shall notify the applicant of the denial and the reasons for it. The provisions of the Administrative Procedures Act apply to the appeal of the denial of a license.
(C) The application must be accompanied by payment of an application fee of two hundred fifty dollars and an investigation fee of five hundred dollars. These fees are not refundable or abatable. If the license is granted, however, payment of the application fee satisfies the fee requirement for the first license year or its remainder.
(D) A license expires annually and may be renewed upon payment of a license fee of two hundred fifty dollars. The annual license renewal fee for an applicant with more than one location is two hundred fifty dollars for the first location and fifty dollars for each additional location.
Section 34-39-160. To qualify for a license issued pursuant to this chapter, an applicant shall have:
(1) a minimum net worth, determined in accordance with generally accepted accounting principles, of at least twenty-five thousand dollars available for the operation of each location; and
(2) the financial responsibility, character, experience, and general fitness so as to command the confidence of the public and to warrant belief that the business is operated lawfully, honestly, fairly, and efficiently.
Section 34-39-170. (A) A licensee may not advance monies on the security of a check unless the account on which the presented check is drawn is a legitimate, open, and active account.
(B) A licensee, in every location conducting business under a license issued pursuant to this chapter, conspicuously shall post and at all times display a notice stating the fee charged for deferred presentment services. A licensee shall file with the board a statement of the fees charged at every location licensed for deferred presentment services.
(C) A licensee shall endorse in the name of the licensee every check, draft, or money order presented by the licensee for payment or deposit.
Section 34-39-180. (A) A licensee may defer the presentment or deposit of a check for up to thirty-one days pursuant to the provisions of this section.
(B) The face amount of a check taken for deferred presentment or deposit may not exceed three hundred dollars, exclusive of the fees allowed in Section 34-39-180(E).
(C) Each check must be documented by a written agreement signed by both the customer and the licensee. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged, expressed both as a dollar amount and as an effective annual percentage rate (APR). The written agreement must authorize expressly the licensee to defer presentment or deposit of the check until a specific date, not later than thirty-one days from the date the check is accepted by the licensee.
(D) The board shall require each licensee to issue a standardized consumer notification and disclosure form in compliance with state and federal truth-in-lending laws before entering into a deferred presentment agreement.
(E) A licensee shall not charge, directly or indirectly, a fee or other consideration in excess of fifteen percent of the face amount of the check for accepting a check for deferred presentment or deposit. The fee or other consideration authorized by this subsection may be imposed only once for each written agreement. Records must be kept by each licensee with sufficient detail to ensure that the fee or other consideration authorized by this subsection may be imposed only once for each written agreement.
(F) A check accepted for deferred presentment or deposit pursuant to this chapter may not be repaid from the proceeds of another check accepted for deferred presentment or deposit by the same licensee or an affiliate of the licensee. A licensee shall not renew or otherwise extend presentment of a check or withhold the check from deposit, for old or new consideration, for a period beyond the time set forth in the written agreement with the customer.
(G) If a check is returned to the licensee from a payer financial institution due to insufficient funds, closed account, or stop payment order, the licensee may pursue all legally available civil means to collect the check including, but not limited to, the imposition of a returned check charge as provided in Section 34-11-70(a), except that the service charge imposed by the licensee shall not exceed the lesser of ten dollars or the fee imposed by the financial institution on the licensee for the returned check. An individual who issues a personal check to a licensee under a deferred presentment agreement is not subject to criminal penalty.
Section 34-39-190. (A) A person subject to the provisions of this chapter shall maintain in its offices books, accounts, and records, as the board may reasonably require and establish by regulation. The books, accounts, and records must be kept with sufficient detail to ensure that the provisions of Section 34-39-180(E) are met. The books, accounts, and records must be maintained separately from other business in which the person is engaged and must be retained for at least three years.
(B) The board may examine the books, accounts, and records to determine compliance with this chapter and with the regulations adopted pursuant to it. The licensee examined pursuant to this section must pay the cost of the examination to the board.
Section 34-39-200. A person required to be licensed pursuant to this chapter may not:
(1) charge fees in excess of those authorized by this chapter;
(2) engage in the business of:
(i) making loans of money or extension of credit;
(ii) discounting notes, bills of exchange, items, or other evidences of debt; or
(iii) accepting deposits or bailments of money or items, except as expressly provided by Section 34-39-180;
(3) use or cause to be published or disseminated advertising communication which contains false, misleading, or deceptive statements or representations;
(4) conduct business at premises or locations other than locations licensed by the board;
(5) engage in unfair, deceptive, or fraudulent practices, including unconscionable conduct in violation of Section 37-5-108;
(6) alter or delete the date on a check accepted by the licensee;
(7) accept an undated check or a check dated on a date other than the date on which the licensee accepts the check;
(8) require a customer to provide security for the transaction or require the customer to provide a guaranty from another person;
(9) engage in the retail sale of goods or services, other than deferred presentment services and Level I check-cashing services as defined in Section 34-41-10, at the location licensed pursuant to this chapter, provided, however, that a sale of money orders, postage stamps, payment of utility bills with no additional fee to the customer, vending machines for food or beverage, facsimile services, Western Union services, or postal boxes at rates not higher than allowed by the United States Postal Service is not the sale of goods or services prohibited by this subsection.
(10) be licensed pursuant to Section 12-21-2720(a)(3) to operate a video poker machine; or
(11) permit others to engage in an activity prohibited by this section at a location licensed pursuant to this chapter.
Section 34-39-210. (A) The board may suspend or revoke a license issued pursuant to this chapter if, after notice and opportunity for hearing, the board issues written findings that the licensee has:
(1) violated this chapter or applicable state or federal law;
(2) made a false statement on the application for a license under the chapter;
(3) refused to permit investigation by the board as authorized by this chapter;
(4) failed to comply with an order of the board;
(5) demonstrated incompetency or untrustworthiness to engage in the business of deferred presentment services; or
(6) been convicted of a felony or misdemeanor involving fraud, misrepresentation, or deceit.
(B) The board may not suspend or revoke a license issued pursuant to this chapter unless the licensee has been given notice and opportunity for hearing in accordance with the Administrative Procedures Act.
Section 34-39-220. If the board determines that a person subject to the provisions of this chapter has violated this chapter or regulations adopted pursuant to it, the board, upon notice and opportunity for hearing in accordance with the Administrative Procedures Act, may order the person to cease and desist from the violations and to comply with this chapter. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as necessary pursuant to this section and may seek the assistance of the Attorney General or the Department of Consumer Affairs in enforcing compliance with this chapter. The board may enforce compliance with an order issued pursuant to this section by the imposition and collection of civil penalties authorized in this chapter.
Section 34-39-230. The board may order and impose civil penalties upon a person subject to the provisions of this chapter for violations of this chapter or its regulations in an amount not to exceed one thousand dollars for each violation. The board also may order repayment of unlawful or excessive fees charged to customers.
Section 34-39-240. The board, upon a determination that a violation of Section 34-39-130 is willful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution. A wilfull violation of Section 34-39-130 is a Class B misdemeanor, and each transaction involving unlawful deferred presentment constitutes a separate offense.
Section 34-39-250. The business of deferred presentment services conducted in accordance with this chapter is not subject to or controlled by any other state statute governing the imposition of interest, fees, or loan charges, or the extension of credit.
Section 34-39-260. The board may promulgate regulations pursuant to the Administrative Procedures Act necessary to carry out the purposes of this chapter, to provide for the protection of the public, and to assist licensees in interpreting and complying with this chapter."
SECTION 2. Title 34 of the 1976 Code is amended by adding:
Section 34-41-10. As used in this chapter, unless the context clearly requires otherwise, the term:
(1) 'Board' means the State Board of Financial Institutions.
(2) 'Cashing' means providing currency for payment instruments but does not include the bona fide sale or exchange of travelers checks and foreign denomination payment instruments.
(3) 'Level I check-cashing service' means any person or entity engaged in the business of cashing checks, drafts, or money orders for a fee, service charge, or other consideration.
(4) 'Level II check-cashing services means any person or entity engaged in the business of cashing checks, drafts, or money orders for a fee, service charge, or other consideration. A Level II licensee may not be licensed to engaged in the business of deferred presentment.
(5) 'Licensee' means a person or entity licensed to engage in either a Level I or Level II check-cashing services pursuant to this chapter.
(6) 'Person' means an individual, partnership, association, or corporation.
Section 34-41-20. (A) No person or other entity may engage in the business of either Level I or Level II check-cashing services without first obtaining a license pursuant to this chapter. No person or other entity providing a Level I or Level II check-cashing service may avoid the requirements of this chapter by providing a check or other currency equivalent instead of currency when cashing payment instruments.
(B) A person providing Level I or Level II check-cashing services on the effective date of this chapter may continue to engage in the business without a license until the board has acted upon the application for a license, but the application must be filed within sixty days after the effective date of this chapter.
Section 34-41-30. This chapter shall not apply to:
(1) a bank, savings institution, credit union, or farm credit system organized under the laws of the United States or any state; and
(2) any person or entity principally engaged in the bona fide retail sale of goods or services, who either as an incident to or independently of a retail sale or service and not holding itself out to be a Level I or Level II check-cashing service, from time to time cashes checks, drafts, or money orders without a fee or other consideration.
Section 34-41-40. (A) An application for licensure pursuant to this chapter must be in writing, under oath, and on a form prescribed by the board. The application shall set forth all of the following:
(1) the name and address of the applicant;
(2) if the applicant is a firm or partnership, the name and address of each member of the firm or partnership;
(3) if the applicant is a corporation, the name and address of each officer, director, registered agent, and principal;
(4) the addresses of the locations of the business to be licensed; and
(5) other information concerning the financial responsibility, background experience, and activities, such as other partnerships, associations, and corporations located at or adjacent to the licensed location, of the applicant and its members, officers, directors, and principals as the board requires.
(B) The board may make such investigations as the board considers necessary to determine if the applicant has complied with all applicable provisions of this chapter and state and federal law.
(C) The application must be accompanied by payment of a two hundred fifty dollar application fee and a five hundred dollar investigation fee. These fees are not refundable or abatable, but, if the license is granted, payment of the application fee shall satisfy the fee requirement for the first license year or remaining part of it.
(D) Licenses shall expire annually and may be renewed upon payment of a license fee of two hundred fifty dollars plus a fifty dollar fee for each branch location certificate issued under a license.
Section 34-41-42. For the purposes of this chapter, all mobile check-cashing services must:
(1) be licensed as a Level I licensee;
(2) be a registered and licensed armored vehicle in accordance with the laws of this State;
(3) be considered a "Branch" of a check-cashing business for purposes of licensure through this chapter; and
(4) keep records in accordance with this chapter that are returned daily to either the main office or another nonmobile branch of the business.
Section 34-41-50. (A) Each licensee and applicant shall have and maintain liquid assets of at least fifty thousand dollars for each licensee.
(B) Upon the filing and investigation of an application, and compliance by the applicant with Section 34-41-40, and this section, the board shall issue and deliver to the applicant the license applied for to engage in business pursuant to this chapter at the locations specified in the application, provided that the board finds that the financial responsibility, character, reputation, experience, and general fitness of the applicant and its members, officers, directors, and principals are such as to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. If the board fails to make these findings, a license may not be issued, and the board shall notify the applicant of the denial and the reasons for it. The provisions of the Administrative Procedures Act apply to the appeal of the denial of a license.
Section 34-41-60. (A) Notwithstanding any other provision of law, a check-cashing service licensed pursuant to this chapter may not directly or indirectly charge or collect fees or other consideration for check-cashing services in excess of the following:
(1) two percent of the face amount of the check or three dollars, whichever is greater, for checks issued by the federal government, state government, or any agency of the state or federal government, or any county or municipality of this State;
(2) two percent of the face amount of the check or three dollars, whichever is greater, for printed payroll checks. For purposes of this item, 'printed' means type written, electronically generated, or computer generated; and
(3) seven percent of the face amount of the check or five dollars, whichever is greater, for all other checks, including handwritten payroll checks, or for money orders.
(B) A licensee may not advance monies on the security of any check unless the account from which the check being presented is drawn is legitimate, open, and active. A licensee who cashes a check for a fee shall deposit the check not later than five days from the date the check is cashed.
(C) A licensee shall ensure that in every location conducting business under a license issued pursuant to this chapter, there is posted conspicuously and at all times displayed a notice stating the fees charged for cashing checks, drafts, and money orders. A licensee further shall ensure that notice of the fees currently charged at every location is filed with the board.
(D) A licensee shall endorse every check, draft, or money order presented by the licensee for payment in the name of the licensee.
(E) Each check must be documented by a written agreement signed by both the customer and the licensee. In the case of an automated check-cashing machine, a printed receipt of the transaction between the customer and the licensee shall constitute an agreement. The written agreement must contain the name or trade name of the licensee, the transaction date, the amount of the check, and a statement of the total amount of fees charged.
Section 34-41-70. (A) Each person required to be licensed pursuant to this chapter shall maintain in its offices such books, accounts, and records as the board reasonably may require. The books, accounts, and records must be maintained separate from any other business in which the person is engaged and must be retained for a period prescribed by the board.
(B) The licensee shall ensure that each customer cashing a check is provided a receipt showing the name or trade name of the licensee, the transaction date, amount of the check, and the fee charged.
(C) The board may examine the books, accounts, and records in order to determine whether the person is complying with this chapter and rules adopted pursuant to it. The cost of the examination must be paid by the licensee and must be determined by the board.
Section 34-41-80. No person required to be licensed pursuant to this chapter shall do any of the following:
(1) charge fees in excess of those authorized pursuant to this chapter;
(2) engage in the business of:
(i) making loans of money or extension of credit;
(ii) discounting notes, bills of exchange, items, or other evidences of debt; or
(iii) accepting deposits or bailments of money or items;
(3) use or cause to be published or disseminated any advertising communication which contains any false, misleading, or deceptive statement or representation;
(4) conduct business at premises or locations other than locations licensed by the board;
(5) engage in unfair, deceptive, or fraudulent practices, including unconscionable conduct in violation of Section 37-5-108;
(6) cash a check, draft, or money order made payable to a payee other than a natural person unless the licensee has previously obtained appropriate documentation from the executive entity of the payee clearly indicating the authority of the natural person or persons cashing the check, draft, or money order on behalf of the payee;
(7) as a Level I licensee, engage in the retail sale of goods or services, other than check-cashing services and deferred presentment services, at the location licensed pursuant to this chapter, provided, however, that a sale of money orders, postage stamps, payment of utility bills with no additional fee to the customer, vending machines for food or beverage, facsimile services, Western Union services, or postal boxes at rates not higher than allowed by the United States Postal Service is not the sale of goods or services prohibited by this subsection;
(8) as a Level II licensee, engage in the business of deferred presentment as provided in Chapter 39 of Title 34.
(9) be licensed pursuant to Section 12-21-2720(a)(3) to operate a video poker machine; or
(10) permit others to engage in an activity prohibited by this section at a location licensed pursuant to this chapter.
Section 34-41-90. (A) The board may suspend or revoke any license or licenses issued pursuant to this chapter if, after notice and opportunity for hearing, the board issues written findings that the licensee has engaged in any of the following conduct:
(1) violated this chapter or applicable state or federal law or rules;
(2) made a false statement on the application for a license pursuant to this chapter;
(3) refused to permit investigation by the board authorized pursuant to this chapter;
(4) failed to comply with an order of the board;
(5) demonstrated incompetency or untrustworthiness to engage in the business of check cashing; or
(6) has been convicted of a felony or misdemeanor involving fraud, misrepresentation, or deceit.
(B) The board may not suspend or revoke any license issued pursuant to this chapter unless the licensee has been given notice and opportunity for hearing in accordance with the Administrative Procedures Act.
Section 34-41-100. If the board determines that a person required to be licensed pursuant to this chapter has violated this chapter or regulations promulgated pursuant to this chapter, the board, upon notice and opportunity for hearing in accordance with the Administrative Procedures Act, may order the person to cease and desist from the violations and to comply with this chapter. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as necessary pursuant to this section and may seek the assistance of the Attorney General or the Department of Consumer Affairs in enforcing compliance with this chapter. The board may enforce compliance with an order issued pursuant to this section by the imposition and collection of civil penalties authorized pursuant to this chapter.
Section 34-41-110. The board may order and impose civil penalties upon any person required to be licensed pursuant to this chapter for violations of this chapter or regulations promulgated under it. Civil penalties shall not exceed one thousand dollars for each violation. The board also may order repayment of unlawful or excessive fees charged to customers.
Section 34-41-120. The board, upon a determination that a violation of Section 34-41-20 is wilfull, may refer a violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution. A violation of Section 34-41-20 by a person required to obtain a license pursuant to this chapter is a Class B misdemeanor and each transaction involving the unlawful cashing of a check, draft, or money order constitutes a separate offense.
Section 34-41-130. The board may promulgate regulations necessary to carry out the purposes of this chapter, to provide for the protection of the public, and to assist licensees in interpreting and complying with this chapter."
SECTION 3. If any provision of these chapters or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of these chapters which can be given effect without the invalid provision or application, and to that end, the provisions of these chapters are declared to be severable.
SECTION 4. Section 34-29-100(a) of the 1976 Code, as last amended by Act 135 of 1995, is further amended to read:
"(a) Each licensee shall keep and use in his business such full and correct books and accounting records as are in accordance with sound and accepted accounting principles and practices and such books and records, including cards used in the card system, if any, as are in accord with the rules and regulations lawfully made by the board. Each licensee shall preserve such books, accounts, and records, including cards used in the card system, if any, for at least two years after making the final entry on any loan recorded thereon in them. The renewal or refinancing of a loan shall constitute a final entry. Notwithstanding any other provision of law or regulation, each licensee, subject to the approval of the Director of the Consumer Finance Division of the South Carolina Board of Financial Institutions, may retain books and records in any other medium, electronic or otherwise, that conforms with the requirements of this these chapters."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. COTTY requested debate on the Bill.
Rep. GAMBLE continued speaking.
Rep. KENNEDY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following was received.
Columbia, S.C., May 19, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5147 -- Rep. McKay: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DAVE THOMAS OF "WENDY'S" FAME FOR THE EXTRAORDINARILY GOOD WORKS HE DOES FOR LOCAL CHARITIES THROUGH THE DAVE THOMAS INVITATIONAL GOLF TOURNAMENT AT THE WOODLANDS COUNTRY CLUB IN COLUMBIA.
At 1:15 P.M. the House in accordance with the motion of Rep. CLYBURN adjourned in memory of Pamela May Hart of Edgefield, to meet at 10:00 A.M. tomorrow.
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