Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Epistle to the Hebrews, Chapter 13 (v. 6):
"The Lord is my helper, and I will not fear what man shall do unto me."
Let us pray.
Our Father, this is an election year, and the winds of the wilderness are beginning to howl from many directions.
We have come again to commit our talents to vast and vital concerns for our State.
Clarify, O Lord, our minds that we may discern between principles and issues, between facts and fiction.
Help us to look up for perspectives and a focus on truth before we look out upon a cloudy world.
When we are tempted to be cynical, give us the uplifting confidence in our ideals and a willingness to strive, looking toward the dawn of the day when mankind's spirit will be lifted out of the mire and darkness of selfishness... hatred... and distrust into the glorious light of love and brotherhood, which, we believe, is the land for which we pray when we say "Thy Kingdom Come"!
Amen.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 15, 1998
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointment listed below.
Respectfully,
David M. Beasley
Initial Appointment, Director of the Department of Public Safety, with term to commence February 1, 1996, and to expire February 1, 2000:
Mr. James Caulder, Director, Department of Public Safety, 5410 Broad River Road, Columbia, S.C. 29210
On motion of Senator LANDER, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Columbia, S.C., April 15, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4725, R. 321 by a vote of 5 to 0:
(R321) H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
Very respectfully,
Speaker of the House
(R.321) H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
The veto of the Governor was taken up for immediate consideration.
Senator J. VERNE SMITH moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following were received and referred to the appropriate committees for consideration:
Document No. 2210
Promulgated by Budget and Control Board
Surplus Property Management
Received by Lt. Governor April 1, 1998
Referred to Senate Committee on Finance
120 day review expiration date July 30, 1998
(Subject to Sine Die Revision)
Document No. 2269
Promulgated by Department of Social Services
Child Support Guidelines
Received by Lt. Governor April 2, 1998
Referred to Senate Committee on Judiciary
120 day review expiration date July 31, 1998
(Subject to Sine Die Revision)
Document No. 2281
Promulgated by Department of Health and Environmental Control
Environmental Protection Fees
Received by Lt. Governor March 27, 1998
Referred to Senate Committee on Medical Affairs
120 day review expiration date July 25, 1998
(Subject to Sine Die Revision)
Document No. 2296
Promulgated by Commission on Higher Education
South Carolina Academic Endowment Incentive Act of 1997/South Carolina Higher Education Matching Gift Fund
Received by Lt. Governor April 8, 1998
Referred to Senate Committee on Education
120 day review expiration date August 6, 1998
(Subject to Sine Die Revision)
Senator McCONNELL introduced Dr. Roy Nickles of Charleston, S.C., Doctor of the Day.
S. 1188 -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LAND, with unanimous consent, S. 1188 was ordered to receive a third reading on Thursday, April 16, 1998.
H. 4863 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL, RELATING TO WINDOW TINTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Labor, Commerce and Industry.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Joint Resolution was committed to the Committee on Judiciary.
There was no objection.
H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION; SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Labor, Commerce and Industry.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Joint Resolution was committed to the Committee on Transportation.
There was no objection.
The following were introduced:
S. 1194 -- Senator Courtney: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING ARTICLE 7, SO AS TO ESTABLISH PROCEDURES FOR OBTAINING FINANCIAL ASSURANCE FROM A GENERATOR OF HAZARDOUS WASTE OR A PROCESSOR OF TOXIC CHEMICALS; BY ADDING SECTION 44-56-610, SO AS TO INCLUDE DEFINITIONS; BY ADDING SECTION 44-56-620, SO AS TO REQUIRE FINANCIAL ASSURANCE FROM A PERSON WHO GENERATES HAZARDOUS WASTE OR PROCESSES TOXIC CHEMICALS AND TO PROVIDE THAT THIS SECTION APPLIES TO ACTIVITY COMMENCED AFTER THE EFFECTIVE DATE OF THIS SECTION; BY ADDING SECTION 44-56-630, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO HAS FAILED TO PROVIDE FINANCIAL ASSURANCE; AND BY ADDING SECTION 44-56-640, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROMULGATE REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
Read the first time and referred to the Committee on Medical Affairs.
S. 1195 -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.
Read the first time and referred to the Committee on Transportation.
S. 1196 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS SCHOOL DISTRICTS 55 AND 56, SO AS TO CHANGE THE BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 TO CONFORM THEM WITH THE TRANSPORTATION LINES ESTABLISHED IN 1977 BY AN AGREEMENT BETWEEN THE BOARDS OF TRUSTEES FOR THE DISTRICTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator BRYAN, S. 1196 was ordered to receive a second reading with notice of general amendments on the next legislative day.
S. 1197 -- Senator Bryan: A SENATE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE LAURENS DISTRICT 55 HIGH SCHOOL "LADY RAIDERS" BASKETBALL TEAM, MANAGERS, AND COACHES ON ACHIEVING AN UNDEFEATED SEASON, NATIONAL RANKING, AND THE AAAA STATE CHAMPIONSHIP IN 1997-98.
The Senate Resolution was adopted.
H. 4987 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING DR. GEORGE WASHINGTON CARVER FOR HIS MANY ACCOMPLISHMENTS AND DECLARING JANUARY 5TH AS "DR. GEORGE WASHINGTON CARVER DAY".
Introduced and referred to the Committee on Invitations.
H. 4988 -- Reps. J. Brown, A. Harris, Haskins, Wilder, Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION DECLARING THE MONTH OF MAY AS STROKE MONTH IN SOUTH CAROLINA AND URGING ALL CITIZENS TO EDUCATE THEMSELVES REGARDING RISK FACTORS FOR STROKE AND HEART DISEASE AND THE SIGNS AND SYMPTOMS OF THESE DISEASES.
Introduced and referred to the Committee on Invitations.
H. 5042 -- Reps. McMaster, Cotty, Harrison, Stoddard, Hinson, Littlejohn, Mason, Barfield, Sharpe, Neilson, Whatley, McLeod, Beck, R. Smith, Vaughn, Bailey, Rodgers, Rhoad, Moody-Lawrence, Kelley, Phillips, Breeland, Boan, Emory, J. Hines, McCraw, Hamilton, Wilkes, Mack, Gamble, Kirsh, Dantzler and Gourdine: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED LEADERS, MAJOR GENERAL ROBERT BAILEY SOLOMON, U.S. ARMY RETIRED, AND FORMER COMMANDER OF FORT JACKSON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5043 -- Reps. Quinn, Woodrum, Inabinett, Gamble, Rhoad, Barrett, Martin, Bailey, McGee, Sandifer, Stuart, Koon, Spearman, McKay, Rodgers, Riser and H. Brown: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF APRIL 27, 1998, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA FOR 1998 TO RECOGNIZE THE IMPORTANT ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.
Introduced and referred to the Committee on Invitations.
H. 5046 -- Reps. Harvin, Kennedy and Koon: A CONCURRENT RESOLUTION TO CONGRATULATE MR. STANLEY DONEN, A NATIVE OF SOUTH CAROLINA, UPON HIS RECEIPT OF A LIFETIME ACHIEVEMENT OSCAR AT THE 1998 ACADEMY AWARDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Fish, Game and Forestry has polled out S. 603 favorable with amendment:
S. 603 -- Senator McConnell: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, BY ADDING CHAPTER 22, SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
Peeler McGill Passailaigue Gregory Moore Giese Courtney Leatherman Hutto Ravenel Branton Grooms
Drummond Holland Land Elliott Waldrep Cork
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a majority favorable with amendment and Senator McCONNELL a minority unfavorable report on:
S. 885 -- Senators Courson, Rankin and Short: A BILL TO ENACT "THE MAGISTRATES COURTS REFORM ACT OF 1998" BY AMENDING SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING FURTHER CHANGES NEEDED.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology has polled out S. 1162 favorable:
S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
Thomas Bryan Giese Wilson Gregory Ryberg Hayes Lander Fair Waldrep Martin Mescher Branton
Patterson Ford Glover Anderson Short
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology has polled out S. 1163 favorable:
S. 1163 -- Senator Bryan: A BILL TO AMEND CHAPTER 9, TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ANNUAL JAIL AND PRISON INSPECTION REPORT AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO REVISE THE LIST OF PERSONS WHO MUST RECEIVE COPIES OF REPORTS PREPARED BY THE JAIL AND PRISON INSPECTION DIVISION.
Thomas Bryan Giese Wilson Patterson Ford Glover Gregory Ryberg Hayes Lander Fair Anderson Waldrep Martin Mescher Short Branton
Ordered for consideration tomorrow.
Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 4735 -- Reps. Boan and Walker: A BILL TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4775 -- Rep. Wilkins: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.
Ordered for consideration tomorrow.
S. 1183 -- Senators Wilson and Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF THE CHIROPRACTIC PROFESSION TO THE WELLNESS OF THE CITIZENS OF THIS STATE, AND TO CONGRATULATE THE SOUTH CAROLINA CHIROPRACTIC ASSOCIATION ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY OF SERVICE TO THE STATE'S CHIROPRACTIC PROFESSION, JULY 24, 1998.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
(By prior motion of Senator MOORE, with unanimous consent)
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (1070R001.ELP), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-4170. (A) For purposes of enforcing this section, 'vehicle' means intermodal trailer, chassis, or container.
(B) A tender shall not tender or interchange a vehicle for use on any highway which is in violation of the requirements contained in the United States Department of Transportation Federal Motor Carrier Safety Regulations (FMCSR). A motor carrier shall not certify or guarantee to a person tendering or interchanging a vehicle to a motor carrier that the vehicle complies with the FMCSR unless the tenderer of the vehicle provides the motor carrier operator with certification that the vehicle meets FMCSR requirements. Before an operator may accept a vehicle, the tenderer must allow the motor carrier operator adequate equipment, time, and facilities to conduct a walk-around pre-trip inspection of the vehicle. If the vehicle fails to meet federal safety requirements, the tenderer immediately must make any necessary repairs to the vehicle so that it complies with applicable safety standards or immediately make available a replacement vehicle which meets the safety requirements.
(C) The Department of Public Safety State Transport Police, if requested by the State Ports Authority, may as a public safety service, enter upon, and perform courtesy inspections of vehicles for purposes of identifying and tagging vehicles which may require mechanical work before being tendered for use on public highways.
(D) If a vehicle that is tendered is placed out of service as a result of a roadside inspection within five complete working days from the time the motor carrier is tendered, the vehicle as indicated on the equipment interchange agreement, then the operator must be reimbursed for all fines and penalties incurred pursuant to the out-of-service order, including reimbursement for all equipment repair expenses necessary to bring the vehicle into compliance with FMCSR. Reimbursement must be made to the operator no later than thirty days after the date of conviction and must include payment for the following equipment repairs:
(1) Brake Adjustments:
a. push rod travel exceeds limits.
(2) Brake Drum:
a. drum cracks;
b. lining thickness loose or missing;
c. lining saturated with oil.
(3) Inoperative Brakes:
a. no movement of any components;
b. missing or broken (loose) components;
c. mismatch components.
(4) Air Lines and Tubing:
a. bulge and swelling;
b. audible leak other than proper connection;
c. air lines broken, cracked, or crimped.
(5) Reservoir Tank:
a. any separation of original attachment points.
(6) Frames:
a. any cracked, loose, sagging, or broken frame members which measured one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange;
b. any condition which causes moving parts to come in contact with the frame.
(7) Electrical.
(8) Wheel Assembly:
a. low or no oil;
b. oil leakage on brake components.
(9) Tire Separation:
a. tire separation from casing;
b. two inches of plies exposed.
(10) Rim Cracks:
a. any circumferential crack except manufactured;
b. lock or side ring cracked, bent, broken, sprung, improperly seated or mismatched.
(11) Suspension:
a. spring assembly leaves broken, missing, or separated;
b. spring hanger, u-bolts, or axle positioning components cracked, broken, loose, or missing.
(12) Chassis Locking Pins:
a. any twist lock or fitting for securement which is sprung, broken, or improperly latched.
(E) If the originating motor carrier interchanges the vehicle to another mode of transportation or warehouse in substantially the same condition as it was tendered originally to the motor carrier, the originating motor carrier is relieved of any further responsibility for the condition of the vehicle.
(F) The Department of Public Safety shall develop and maintain a separate database on roadside vehicle inspection reports for power unit defects and for defects on any vehicle tendered to the motor carrier. The database may be used to identify and monitor those entities whose responsibility it is to provide any vehicle to motor carriers in roadworthy conditions as prescribed by the FMCSR. Roadside vehicle inspection reports noting defects on any vehicle where there is not ownership by the motor carrier must not be used or applied against the motor carrier when this information may affect the motor carrier's overall record of compliance with the FMCSR."
SECTION 2. This act shall take effect October 1, 1998./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 914 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE proposed the following amendment (914R001.TLM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION _____. (A)(1) If any payment required to be made on or before a prescribed date is, after such date, delivered by the United States Postal Service to the payee, such payment shall be deemed received by the payee on the date of the United States postmark stamped on the envelope or other cover in which such payment is mailed.
(2) Subsection (A)(1) shall only apply with respect to a payment:
(a) which is a payment on a consumer credit transaction arising under Title 37;
(b) which is a payment on a lender credit card or similar arrangement;
(c) which is a payment on a transaction arising under Chapter 29 of Title 34; or
(d) which is a payment on an agreement which is secured by a first lien or junior lien on the consumer's principle dwelling or primary residence.
(3) Subsection (A)(1) shall not apply with respect to any payment:
(a) which is required, by law, regulation, or contract, to be delivered by any other method other than by mail; or
(b) which is subject to any other provision of South Carolina law or federal law specifying how a postmark date shall be used in determining the date on which such payment shall be deemed to have been delivered or made.
(4) Subsection (A)(1) shall apply only if:
(a) the postmark date falls on or before the prescribed date for making the payment; and
(b) the payment was, on or before such date, deposited in the mail in the United States in an envelope or under other appropriate cover, postage prepaid, properly addressed to the payee.
(5) Subsection (A)(1) shall not apply in the case of a postmark not made by the Postal Service.
(6) For purposes of this section, the term "payee", as used with respect to a payment, includes any person duly authorized to receive such payment.
(B) This section shall apply with respect to loans, accounts, credit cards, and agreements transacted, opened, entered into, renewed, re-issued, or refinanced on or after the effective date of this act. This section shall apply with respect to any mailing postmarked after the end of the ninety-day period beginning on the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator GREGORY explained the Bill.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (JUD0325.004), which was adopted:
Amend the bill, as and if amended, beginning on page 1, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 22-5-510 of the 1976 Code is amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail any a person charged with any an offense the punishment of which is other than not death or imprisonment for life, and if any. If a person under lawful arrest on a charge regularly made and not bailable be is brought before a magistrate, he the magistrate shall commit the prisoner person to jail. But if If the offense charged be is bailable, the magistrate shall take recognizance, with sufficient surety, if the same be it is offered, in default whereof such party shall be committed to prison unless it shall clearly appear upon examination that the charge is not founded in probability in which case the party may be discharged the person must be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility."
SECTION 2. Chapter 53 of Title 38 of the 1976 Code is amended to read:
Section 38-53-10. As used in this chapter:
(1) 'Accommodation bondsman' means a person who has reached the age of eighteen years, is a resident of this State, who, aside from love and affection and release of the person concerned, receives no consideration for action as surety, and who endorses the bail bond after providing satisfactory evidence of ownership, value, and marketability of real or personal property to the extent necessary to satisfy reasonably satisfy the official taking bond that the real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions of the bond. 'Consideration' as used in this item does not include the legal rights of a surety against a defendant by reason of breach of the conditions of a bail bond nor does it include collateral furnished to and securing the surety so long as the value of the surety's rights in the collateral does not exceed the defendant's's liability to the surety by reason of a breach in the conditions of the bail bond.
(2) 'Bail bond' means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety.
(3) 'Bail bondsman' means a surety bondsman, professional bondsman, or an accommodation bondsman as defined in this chapter.
(4) 'Clerk of court', unless otherwise specified, means the clerk of the circuit court of the county in the State where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated.
(5) 'Court', unless otherwise specified, means circuit court.
(5)(6) 'Insurer' means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this State.
(6)(7) 'Obligor' means a principal or a surety on a bail bond.
(7)(8) 'Principal' means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.
(8)(9) 'Professional bondsman' means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge.
(9)(10) 'Runner' means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, to assist assisting in the apprehension and surrender of the defendant to the court, and keeping the defendant under necessary surveillance, or to execute bonds on behalf of the licensed bondsman when the power of attorney has been recorded. 'Runner' does not include an attorney or a law enforcement officer assisting a bondsman.
(10)(11) 'Surety' means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail.
(11)(12) 'Surety bondsman' means any person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature.
(12)(13) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.
(13)(14) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees.
Section 38-53-20. The director or his designee, clerks of court, and the State Law Enforcement division have full power and authority to administer the provisions of this chapter for which they are charged with implementing. The director shall promulgate regulations to enforce the purposes and provisions of this chapter. The director may hire employees, examiners, investigators, and other assistants as he considers necessary, and shall prescribe their duties.
Section 38-53-30. No undertaking is invalid, nor may any person be discharged from his undertaking, a forfeiture be stayed, the judgment on the undertaking be stayed, set aside, or reversed, nor the collection of the judgment be barred or defeated by reason of any defect, omission, or failure to note or record the default of any defendant or surety, because the undertaking was entered into on a Sunday or other holiday or because of any other irregularity, if it appears from the tenor of the undertaking that the official before whom it was entered into was legally authorized to take it and if the amount of bail was stated.
The liability of a person on an undertaking is not affected by reason of the lack of any qualifications, sufficiency, or competency provided in any other law in this State, by reason of any other agreement whether or not the agreement is expressed in the undertaking, or because the defendant has not joined in the undertaking.
Section 38-53-40. Each surety for the release of a person on bail must be qualified as:
(a) an insurer and represented by a surety bondsman;
(b) a professional bondsman; or
(c) an accommodation bondsman.
Section 38-53-50. (A) A surety desiring to surrender a defendant be relieved on a bond for 'good cause' or the nonpayment of fees, must give three days' notice to the defendant and his attorney of his intention to attempt to revoke the bail bond. shall file with the court a motion to be relieved on the bond. A copy of the motion must be served upon the defendant, his attorney, and the solicitor's office. The court shall then schedule a hearing to determine if the surety should be relieved on the bond and advise all parties of the hearing date. After the three day period has expired, the surety shall then take the defendant before the appropriate judge and show good cause why he should be relieved to obtain a commitment order and deliver it together with the defendant to the official in charge of incarcerating defendants. However, if circumstances in which incarceration of the defendant is required to prevent imminent violation of the specific terms of the bail bond, the surety may take the defendant before the appropriate judge for a commitment order. If the appropriate judge is not available within a reasonable period of time or if circumstances warrant immediate incarceration of the defendant, the surety may deliver the defendant with an affidavit stating the facts to support the surrender of the defendant for good cause. If the surety surrenders the defendant with an affidavit, the surety must take the defendant before the next available appropriate judge for a commitment order. A surety who surrenders a defendant with an affidavit for less than good cause is subject to penalties imposed for perjury as provided in Article 1, Chapter 9 of Title 16.
(B) The court, at the hearing, may order the surety to refund to the defendant any fees paid toward the bail bond after deducting the surety's actual cost, reasonable expenses, and reasonable fees, as determined by the court. If the circumstances warrant immediate incarceration of the defendant to prevent imminent violation of any one of the specific terms of the bail bond, or if the defendant has violated any one of the specific terms of the bond, the surety may take the defendant to the appropriate detention facility for holding until the court orders that the surety be relieved. The surety must immediately file with the detention facility and the court an affidavit stating the facts to support the surrender of the defendant for good cause or the nonpayment of fees. When the affidavit is filed with the court, the surety must also file a motion to be relieved on the bond pursuant to subsection (A). A surety who surrenders a defendant and files an affidavit which does not show good cause or the nonpayment of fees is subject to penalties imposed for perjury as provided for in Article 1, Chapter 9 of Title 16.
(C) After the surety has been relieved by order of the court, a new undertaking must be filed with the appropriate court in order to secure the re-release of the defendant. The undertaking must contain the same conditions included in the original bond unless the conditions have been changed by the court.
Section 38-53-60. For the purpose of surrendering the defendant, the surety may arrest him before the forfeiture of the undertaking or, by his written authority endorsed on a certified copy of the undertaking, may request any judicial officer to order the arrest of the defendant by the surety.
Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within thirty days of the issuance of the bench warrant, the bond shall be forfeited. At any time before execution is issued on a judgment of forfeiture against a principal defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any county or municipality resulting from the necessity to continue or terminate the principal's defendant's trial and the efforts of law enforcement officers or agencies to locate the principal defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety shall be relieved of any further liability.
Section 38-53-80. No person may act in the capacity of a bail professional bondsman, surety bondsman, or runner or perform any of the functions, duties, or powers prescribed for bail professional or surety bondsmen or runners under the provisions of this chapter unless that person is qualified and, except as regards an for an accommodation bondsman, licensed in accordance with the provisions of this chapter. No license may be issued to a professional bondsman, surety bondsman, or runner except as provided in this chapter.
The applicant shall apply for a license or renewal of a license on forms prepared and supplied by the director or his designee. The director or his designee may ask the applicant any questions, written or otherwise, relating to his qualifications, residence, prospective place of business, and any other inquiries which, in the opinion of the director or his designee, are necessary in order to protect the public and ascertain the qualifications of the applicant. The director or his designee shall request that the State Law Enforcement division Division conduct any reasonable investigation relative to the determination of the applicant's fitness to be licensed or to continue to be licensed.
The failure of the applicant to secure approval of the director or his designee does not preclude him from applying as many times as he desires, but no application may be considered by the director or his designee within one year subsequent to the date upon which the director or his designee denied the applicant's last application.
Section 38-53-85 (A) An applicant for a license to work as a professional bondsman, surety bondsman, or runner must complete not less than twenty hours of education in subjects pertinent to the duties and responsibilities of professional and surety bondsmen or runners, including all laws and regulations related to being a professional or surety bondsman or runner. A written examination must be administered at the conclusion of the course work. Each applicant must pass the examination before he can be licensed.
Each person licensed as a professional bondsman, surety bondsman, or runner must complete annually not less than six hours of continuing education in subjects related to the duties and responsibilities of professional and surety bondsmen or runners before his license shall be renewed. The continuing education courses shall not include a written or oral examination. The six hour annual requirement is in addition to the twenty-four hour continuing education requirement for surety insurance agents as required by Section 38-43-106.
(B) A person licensed as a professional bondsman, surety bondsman, or runner before the effective date of this section is not required to complete the requisite twenty hours of education, but must complete six hours of continuing education courses in order to have his license renewed.
(C) The South Carolina Bail Agent's Association or any other group or association approved by the Department of Insurance to provide educational courses to bondsmen must establish an educational curriculum for bondsman licensure. The Department of Insurance must approve the courses offered and ensure that the courses meet the standards for education established by this section and the department. The requirement of course work for licensure is not satisfied by a mail order course. The department must also approve a written examination to be administered by all groups who provide educational courses to be administered at the conclusion of the twenty-hour course work.
(D) A person who falsely represents that he has met the educational requirements of this section is subject, after being afforded notice and an opportunity for a due process hearing by the administrative law judge division, to the penalty provided for in Section 38-53-340.
(E) The director shall establish rules and regulations for the effective administration of this section.
Section 38-53-90. Before a license is issued to an applicant permitting him to act as a professional bondsman, surety bondsman, or runner, the applicant shall furnish to the director or his designee a complete set of his fingerprints and a recent passport size full-face photograph of himself. The applicant's fingerprints must be certified by an authorized law enforcement officer.
Before being issued the license, every applicant for a license as a professional bondsman, surety bondsman, or runner shall satisfy certify to the director that he:
(a) is eighteen years of age or older;
(b) is a resident of this State;
(c) is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years;
(d) has knowledge, training, or experience of sufficient duration and extent to satisfy reasonably the director or his designee that he possesses the competence necessary to fulfill the responsibilities of a licensee.
Section 38-53-100. (a)(A) A license fee of four five hundred dollars must be paid to the director or his designee with each application for a license as a professional or surety bondsman. The first year after enactment the director or his designee shall forward four hundred dollars to the State Treasurer to be placed in the general fund; however, of the four hundred dollars, the amount of two hundred dollars must be paid over to the director or his designee to offset those the costs he incurs under the provisions of this chapter, and two hundred dollars must be paid over to the State Law Enforcement Division to offset those the costs it may incur under the provisions of this chapter. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987.
(b)(B) A license fee of two hundred dollars must be paid to the director or his designee with each application for a license as a runner. The first year after enactment, the director or his designee shall forward two hundred dollars to the State Treasurer to be placed in the general fund; however, of the two hundred dollars, the amount of one hundred dollars must be paid over to the director or his designee to offset those the costs he incurs under the provisions of this chapter, and one hundred dollars must be paid over to the State Law Enforcement Division to offset those the costs it incurs under the provisions of this chapter. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987.
(c)(C) Beginning the second year after enactment, the The director or his designee shall forward forty percent of all fees collected under subsections (a)(A) and (b)(B) of this section to the clerk of court of the county where the principal place of business of the bondsman or runner is located. The remaining sixty percent of collected fees must be forwarded to the State Treasurer to be placed in the general fund of which one-third must be paid to the State Law Enforcement Division, and two-thirds must be paid to the director or his designee to offset expenses incurred under the provisions of this chapter.
(d)(D) In addition to the fees herein provided, a professional or surety bondsman shall pay to the clerk of court of any his home county where he is doing business other than the county of his principal place of business the sum of one hundred fifty dollars annually for each license to be paid directly to and retained by the clerk. In addition, each bondsman and runner shall pay to any other county where he is doing business the sum of one hundred dollars to be paid to and retained by the clerk. The fee must be paid annually and directly to the clerk of court who shall deposit it in an account maintained by the clerk. Any applicant paying the initial license fee required by this section prior to July 1, 1987, is not required to pay any license renewal fee prior to July 1, 1987.
Section 38-53-105. In addition to the other requirements of this chapter, a surety bondsman shall pay to the clerk of court of each county where he does business other than the county of his principal place of business the sum of one hundred dollars. The fee must be paid annually and directly to the clerk of court who shall deposit it in an account maintained by him for the collection of fees.
Section 38-53-110. In addition to the other requirements of this chapter, an applicant for a professional bondsman's license shall furnish annually a detailed financial statement under oath and in a form as the director or his designee may require. The statement is subject to the same examination as is prescribed by law for domestic insurance companies.
Section 38-53-120. In addition to the other requirements of this chapter, an applicant for a license to be a runner shall show affirmatively that:
(a) the applicant will be employed by only one bail bondsman who shall supervise the work of the applicant and is responsible for the runner's conduct in the bail bond business;
(b) the application is endorsed by the appointing bail bondsman who shall obligate himself in the application to supervise the runner's activities.
Section 38-53-130. Except as provided in this chapter, an applicant for a license to be a professional bondsman or runner is required to take a written examination testing his ability and qualifications. The examination may be prepared and administered by the director or his designee, or the director or his designee may, in his discretion, enter into an arrangement with a competent outside testing authority for the administration of the examinations. In the event that the director or his designee enters into an arrangement with an outside testing authority to administer examinations, the scope, content, and subject matter of the examination administered, as well as all registration, fee, and test procedure requirements of the outside testing authority, at all times, are subject to the approval of and modification by the director or his designee. The failure of an applicant to pass an examination does not preclude him from taking subsequent examinations; however, at least six months must elapse between such examinations.
Section 38-53-140. All licenses issued pursuant to the provisions of this chapter expire annually on June thirtieth unless revoked or suspended prior to that time by the director or his designee or upon notice served upon the director or his designee that the employer of any runner has canceled the licensee's authority to act for the employer.
A renewal license must be issued by the director or his designee to a licensee who has continually maintained his license in effect without further examination met the continuing education requirements in Section 38-53-85(A) upon the payment of a renewal fee of two hundred dollars in the case of for runners and four hundred dollars in the case of for professional bondsmen, but the licensees are required in all other respects to comply with the provisions of this chapter. After the receipt of the licensee's application for renewal, the current license continues in effect until the renewal license is issued or denied for cause.
Section 38-53-150. (a)(A) The director or his designee may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes:
(1) for any cause sufficient to deny issuance of the original license;
(2) violation of any laws of this State relating to bail in the course of dealings under the license issued him to a bondsman or runner by the director or his designee;
(3) material misstatement, misrepresentation, or fraud in obtaining the license;
(4) misappropriation, conversion, or unlawful withholding of monies belonging to insurers or others and received in the conduct of business under the license;
(5) fraudulent or dishonest practices in the conduct of business under the license while conducting business as a licensee;
(6) conviction of a felony within the last ten years regardless of whether the conviction resulted from conduct in or related to the bail bond business;
(7) failure to comply with or violation of the provisions of this chapter or of any order of the director or his designee or regulation of the department;
(8) when in the judgment of the director or his designee the licensee has in the conduct of his affairs under the license demonstrated incompetency or untrustworthiness, that he is no longer in good faith carrying on the bail bond business, or that he is guilty of rebating, offering to rebate, or offering to divide the premiums received for the bond;
(9) for failing to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction;
(10) for charging or receiving as premium or compensation for the making of any deposit or bail bond any sum in excess of that permitted by this chapter;
(11) for requiring as a condition of his executing a bail bond that the defendant agree to engage the services of a specified attorney.
(b)(B) The director or his designee, in lieu of revoking or suspending a license in accordance with the provisions of this chapter, in any one proceeding, by order, may require the licensee to pay to the director or his designee to be deposited in the general fund of the state State a monetary penalty as provided in Section 38-2-10(2) for each offense. Upon failure of the licensee to pay the penalty within twenty days after the mailing of the order, postage prepaid, registered, and addressed to the last known place of business of the licensee, unless the order is stayed by an order of a court of competent jurisdiction, the director or his designee may revoke the license of the licensee or may suspend the license for a period as he determines.
(C) A professional or surety bondsmen or runner whose license has been revoked cannot be issued another license for a period of one year and must meet all requirements under this chapter prior to relicensing by the department.
Section 38-53-160. No license may be refused, suspended, or revoked, or renewal refused, except on reasonable notice and opportunity to be heard afforded the person licensed or seeking renewal of the license. Any applicant for a license as a bail professional or surety bondsman or runner whose application has been denied or whose license has been suspended or revoked, or renewal of the license denied, has the right of appeal from the final order of the director or his designee to the Administrative Law Judge Division as provided by law.
Section 38-53-170. No bail bondsman or runner may:
(a) pay a fee or rebate or give or promise anything of value, directly or indirectly, to a jailer, law enforcement officer, committing magistrate, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or the forfeiture of the bail bond, including the payment to the law enforcement officers, directly or indirectly, for the arrest or apprehension of a principal or principals who have caused a forfeiture;
(b) pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond;
(c) pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf;
(d) participate in the capacity of an attorney at a trial or hearing of one on whose bond he is surety, nor suggest or advise the employment of or name for employment any particular attorney to represent his the principal;
(e) accept anything of value from a principal except the premium, which may not exceed fifteen percent of the face amount of the bond, with a minimum fee of twenty-five dollars. However, the bondsman is permitted to accept collateral security or other indemnity from the principal which must be returned upon final termination of liability on the bond. The bondsman shall identify who is paying the premium and shall represent that the collateral security or other indemnity has not been obtained from any person who has a greater interest in the principal's disappearance than appearance for trial. The collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond;
(f) solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate, or in or about any place where prisoners are confined. Law enforcement officers and jailers shall report any violations of this provision to the court. Any action taken pursuant to this provision resulting in a conviction, guilty plea, or plea of nolo contendere pursuant to Section 38-53-340 must be reported to the director or his designee by the court within thirty days;
(g) advise or assist the principal for the purpose of forfeiting bond.
Section 38-53-180. When a bail professional bondsman accepts collateral, he shall give a written receipt for the collateral. This receipt shall give in detail a full description of the collateral received.
Section 38-53-190. No sheriff, deputy sheriff, other law enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of any court of this State, or other public employee assigned to duties relating to the administration of the court may become a surety on a bail bond for any person. No person covered by this section may act as agent for any bonding company or professional bondsman, nor may he have an interest, directly or indirectly, in the financial affairs of any firm or corporation whose principal business is acting as bondsmen. Nothing in this section prohibits any person designated above from being a surety upon the bond of his spouse, parent, brother, sister, child, or descendant.
Section 38-53-200. A bail professional bondsman may not sign or countersign blank bail bonds, nor may he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman or runner directly employed by the bondsman giving power of attorney. Copies of all the powers of attorney and revocations of the powers of attorney issued by an insurer appointing surety bondsmen must be filed immediately with the department and the clerk of the circuit court of the county in the state State where the bondsman giving the power of attorney is currently writing or is obligated on bail bonds.
Section 38-53-210. Every Each insurer appointing surety bondsmen, shall, annually prior to July first of each year, furnish the clerk of court a list of all surety bondsmen appointed by it the insurer to write bail bonds on its behalf. Every Each insurer who subsequently appoints a surety bondsman in the state State shall give notice of the appointment to the director or his designee and clerk of court of any county where the bondsman is doing business. All appointments are subject to the issuance of the proper insurance agent's license to the appointee.
An insurer terminating the appointment of a surety bondsman shall file written notice of the termination with the department, together with a statement that it has given or mailed notice to the surety bondsman and to the clerks of the circuit courts of the counties in the state State where the insurer has been obligated on bail bonds through the agent within the past three years. Notice filed with the department shall state the reasons, if any, for termination. Information so furnished the director or his designee is privileged and may not be used as evidence in, or as the basis for, any action against the insurer or any of its representatives. All bonds written by a surety bondsman shall have attached the individual power of attorney in the amount of the bond.
Section 38-53-220. Any bail A professional or surety bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerks of the circuit courts with whom he is registered and return his license to the director or his designee for cancellation within thirty days after discontinuance.
Section 38-53-230. Every person licensed as a bail professional bondsman may appoint as runner any person who has been issued a runner's license. Each bail bondsman shall before July second of each year furnish to the clerk of court of each county where he is doing business and the director or his designee a list of all runners appointed by him. Each bail bondsman who, subsequent to the filing of this list, appoints additional persons as runners shall file written notice with the clerk of court of each county where he is doing business and the director or his designee of the appointment.
A bail bondsman terminating the appointment of a runner shall file written notice of the termination with the clerk of court and the director or his designee together with a statement that he has given or mailed notice to the runner. Notice filed with the clerk of court and the director or his designee shall state the reasons, if any, for termination. Information so furnished the director or his designee is privileged and may not be used as evidence in any action against the bail bondsman.
Section 38-53-240. If money or bonds have been deposited, bail by sureties may be substituted for deposit at any time before a breach of the undertaking by filing a new undertaking with the court executed by the defendant and the sureties. The official taking the new bail shall make an order that the money or bonds be refunded to the person depositing them. They must be refunded accordingly, and the original undertakings must be canceled.
Section 38-53-250. When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail a sum of money or nonregistered bonds of the United States, of the State, or of any county, city, or town within the State, equal in market value to the amount of the bail, together with his personal undertaking, and an undertaking of any other person, if the money or bonds are deposited by that person. Upon delivery to the official, in whose custody the defendant is, of a certificate of deposit, he must be discharged from custody.
When bail other than a deposit of money or bonds has been given, the defendant or the surety may, at any time before a breach of the undertaking, deposit the sum mentioned in the undertaking, and, upon deposit being made, accompanied by a new undertaking, the original undertaking is canceled.
Section 38-53-260. No professional bail or surety bondsman may become a surety on an undertaking unless he has registered his current license in the office of the clerk of the circuit court in the county in which he resides and registered a certified copy of the license with the clerk of the circuit court in any other county in which he writes bail bonds.
A surety bondsman shall also annually register a certified copy of his current power of appointment with the clerk of the circuit court where he resides and in any other county where he writes bail bonds on behalf of an insurer.
Section 38-53-270. Each professional bondsman acting as surety on bail bonds in this State shall maintain security deposits with the clerk of court of the county in which the bondsman has his primary place of business equal to at least one-fourth of the amount of all bonds or undertakings written in this State on which he is absolutely or conditionally liable as of the first day of the current month. The deposits must be in the form of either passbook savings accounts or certificates of deposit of building and loan associations chartered by this State or federal savings and loan associations located within this State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount covered by insurance, or of national banks located within this State or banks chartered by this State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount covered by insurance, or by the pledge of the appraised value of real estate in South Carolina over any recorded mortgages and contracts of sale. The value shall be determined by the county tax assessor for the county where the subject property is located. The interest paid on the deposits may be collected by the bondsman. The amount of the deposits must be reconciled with the bondsman's liabilities as of the first day of the month before the sixteenth of the month. The value of the deposits may not be less than five thousand dollars. The first ten thousand dollars of these deposits must be secured by passbook savings or certificates of deposits only. Any amounts above ten thousand dollars may be secured with pledges of other types of collateral approved by the clerk of court. A minimum of ten thousand dollars of this collateral shall be in the form of cash deposited with the clerk of court or certificates of deposit pledged to the clerk of court. Any remaining collateral shall be pledges of real estate the value of which shall be based upon the appraised value by the county tax assessor. The real estate shall be free and clear of any encumbrances based upon a title opinion furnished to the clerk of court by the bondsman.
Section 38-53-280. The securities deposited by a professional bondsman with the clerk of court must be held in trust for the sole protection and benefit of the holder of bail bonds executed by or on behalf of the undersigned bondsman in this State. A pro rata portion of the securities must be returned to the bondsman when the clerk of court is satisfied that the deposit of securities is in excess of the amount required to be maintained with him by the bondsman. All the securities must be returned if the clerk of court is satisfied that the bondsman has satisfied, or satisfactory arrangements have been made to satisfy, the obligations of the bondsman on all of his bail bonds written in the State. The clerk of court may sell or transfer any of the securities or utilize the proceeds of the securities for the purpose of satisfying the liabilities of the professional bondsman on bail bonds given in this State on which he is liable.
Section 38-53-290. With the securities deposited with the clerk of court, the professional bondsman shall at the same time deliver to the clerk of court a power of attorney on a form supplied by the clerk of court, executed and acknowledged by the professional bondsman, authorizing the sale or transfer of the securities or any part of the securities. The power of attorney must read as follows:
'Know all men by these presents that I, _____, a professional bondsman, located in the County of _____, in the State of ____, do authorize and appoint for myself and my successors, heirs, and assigns the clerk of court of this county, in the name and in behalf of myself as professional bondsman, my attorney to sell or transfer any securities deposited or that may be deposited by me as professional bondsman with the clerk of court, under the laws and regulations requiring a deposit of securities to be made by professional bondsmen doing business in the State of South Carolina if the sale or transfer is considered necessary by the clerk of court to pay any liability arising under a bond which purports to be given by the undersigned bondsman in any county in this State, and execution has been issued against me as bondsman pursuant to a judgment on the bond, and the judgment has not been satisfied. The securities so deposited are to be held in trust by the clerk of court for the sole protection and benefit of the holder of bail bonds executed by or on behalf of the undersigned bondsman.'
In witness whereof, I have set my hand and affixed my seal this ___ day of ____, 19__.
Notary Public
______________
My commission expires:
____________________________.
Section 38-53-300. Any A professional bondsman whose security deposits with the clerk of court are reduced in value below the requirements of this chapter Section 38-53-270 shall, immediately upon receipt of a notice of the deficiency, additional securities pledge with the court the additional collateral as are necessary to comply with the law Section 38-53-270. No professional bondsman may sign, endorse, execute, or become a surety on any additional bail bonds or pledge or deposit any cash, check, or other security of any nature in lieu of a bail bond in any county in this State until the time he has made the additional deposit of securities as required by the notice of deficiency. The clerk of court has the authority to suspend bonding privileges until the bondsman complies with Section 38-53-270. If the bondsman has any outstanding forfeitures including, but not limited to, license fees and bond estreatments, the clerk of court has the authority to suspend bonding privileges until the bondsman complies with this section. The clerk shall immediately notify all parties who were originally notified of the suspension of the bondsman's compliance with this section.
Section 38-53-310. Each professional bail and surety bondsman shall by the fifteenth of each month file with the clerk of court of the county of his principal place of business and any other county where he is doing business a written report in a form prescribed by the director or his designee regarding all bail bonds on which he is liable as of the first day of each month showing:
(a) each individual bonded;
(b) the date the bond was given;
(c) the principal sum of the bond;
(d) the state or local official to with whom given the bond was filed;
(e) the fee charged for the bonding service in each instance. The report must be filed before the sixteenth day of each month.; and
(f) all pending bonds.
Section 38-53-320. Whenever the director or his designee considers it necessary he shall visit and examine or cause to be visited and examined by some competent person appointed by him for that purpose any professional bail and surety bondsman subject to the provisions of this chapter. For this purpose, the director or his designee or person making the examination has free access to all books and papers of the bondsman that relate to his business and to the books and papers kept by any of his agents or runners.
Section 38-53-330. No professional bondsman may act as a surety on any bail bond whose principal sum is in excess of one-half of the value of the securities deposited with the clerk of court at that time.
Section 38-53-340. Any A person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both."/
SECTION 2. Sections 17-15-70, 17-15-80, 17-15-90, 17-15-110, 17-15-120, 17-15-130, and 17-15-150 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
Senator WILSON proposed the following amendment (AGW0325.001), which was adopted:
Amend the bill, as and if amended, in Section 22-5-510(A), as contained in Section 1, by striking subsection (A) in its entirety and inserting therein the following:
Section 22-5-510(A) Magistrates may admit to bail any a person charged with any an offense, the punishment of which is other than not death or imprisonment for life; provided, however, with respect to violent offenses as defined by the General Assembly pursuant to Section 15, Article I of the Constitution of South Carolina, magistrates may deny bail giving due weight to the evidence and to the nature and circumstances of the event, and if any. If a person under lawful arrest on a charge regularly made and not bailable be is brought before a magistrate, he the magistrate shall commit the prisoner person to jail. But if If the offense charged be is bailable, the magistrate shall take recognizance, with sufficient surety, if the same be it is offered, in default whereof such party shall be committed to prison unless it shall clearly appear upon examination that the charge is not founded in probability in which case the party may be discharged the person must be incarcerated.
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
Senator HUTTO explained the Bill.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 4941 -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 9, 1998, MISSED BY THE STUDENTS OF UNION HIGH SCHOOL OF THE SCHOOL DISTRICT OF UNION COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IN UNION COUNTY THAT SERVES UNION HIGH SCHOOL 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.
(On motion of Senator PEELER)
On motion of Senator PEELER, H. 4941 was ordered to receive a third reading on Thursday, April 16, 1998.
H. 4965 -- Reps. Walker, Allison, Lanford, Lee, Phillips, Davenport, D. Smith, Littlejohn and Hawkins: A BILL TO ESTABLISH A SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE AND TO DEVOLVE THE DUTIES AND FUNCTIONS OF THE SPARTANBURG COUNTY BOARD OF EDUCATION INCLUDING THE DISTRIBUTION OF MINIMUM FOUNDATION MONIES UPON THE OVERSIGHT COMMITTEE, TO PROVIDE THE PROCEDURES UNDER WHICH THESE MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED, AND TO ABOLISH THE SPARTANBURG COUNTY BOARD OF EDUCATION.
(By prior motion of Senator REESE)
S. 1120 -- Senator Elliott: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CORK proposed the following amendment (1120R001.HAC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/SECTION _____. (A) Section 12-43-230(d) of the 1976 Code, as last amended by Act 403 of 1996, is further amended to read:
"(d) For purposes of this article, 'homeowners' association property' means real and personal property owned by a homeowners' association if:
(1) property owned by the homeowners' association is held for the use, benefit, and enjoyment of members of the homeowners' association;
(2) each member of the homeowners' association has an irrevocable right to use and enjoy on an equal basis, property owned by the homeowners' association, subject to any restrictions imposed by the instruments conveying the right or the rules, regulations, or bylaws of the homeowners' association; and
(3) each irrevocable right to use and enjoy property owned by the homeowners' association is appurtenant to taxable real property owned by a member of the homeowners' association.
Notwithstanding any other provision of this subsection, homeowners' association property shall not be construed so as to include a golf course. Subject to making the appropriate application pursuant to this subsection, a homeowners' association may designate one or any number of its qualifying tracts or parcels as homeowners' association property for purposes of the special valuation contained in Section 12-43-227.
As used in this subsection, 'homeowners' association' means an organization which is organized and operated to provide for the acquisition, construction, management, and maintenance of property.
Homeowners' association property does not come within the provisions of this subsection unless the owners of the real property or their agents make a written application therefor for it on or before the first penalty date for taxes due for the first tax year in which the special valuation is claimed. The application may be with respect to one or any number of tracts or parcels owned by the homeowners' association. The application for the special valuation must be made to the assessor of the county in which the special valuation property is located, on forms provided by the county and approved by the department which includes the reporting of nonqualified gross receipts, and failure to apply constitutes a waiver of the special valuation for that year. No additional annual filing is required while the property remains homeowners' association property and the ownership remains the same, unless the nonqualified gross receipts within the meaning of Section 12-43-227 for the most recent completed tax year either (i) exceed the amount of nonqualified gross receipts with respect to the property reported on the most recently filed application by ten percent or more or (ii) are less than ninety percent of the amount of nonqualified gross receipts with respect to the property reported on the most recently filed application. In such a that case, the owners of the real property or their agents must make additional written application with respect to the property and report the change in nonqualified gross receipts."
(B) This section applies to property tax years beginning after 1997./
Renumber sections to conform.
Amend title to conform.
Senator CORK explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1008 -- Senator Anderson: A BILL TO AMEND SECTION 44-6-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE XIX STATE PLAN, SO AS TO PROVIDE THAT SUBJECT TO THE AVAILABILITY OF FUNDING, THE HEALTH AND HUMAN SERVICES DEPARTMENT IS DIRECTED TO PROVIDE PAYMENT FOR FOUR PRESCRIPTIONS PER MONTH FOR MEDICAID ELIGIBLE RECIPIENTS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (PSD\7354AC.98), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:
/SECTION 2. This act takes effect January 1, 1999./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator ANDERSON, with unanimous consent, S. 1008 was ordered to receive a third reading on Thursday, April 16, 1998.
S. 1008 -- Senator Anderson: A BILL TO AMEND SECTION 44-6-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE XIX STATE PLAN, SO AS TO PROVIDE THAT SUBJECT TO THE AVAILABILITY OF FUNDING, THE HEALTH AND HUMAN SERVICES DEPARTMENT IS DIRECTED TO PROVIDE PAYMENT FOR FOUR PRESCRIPTIONS PER MONTH FOR MEDICAID ELIGIBLE RECIPIENTS.
On motion of Senator BRANTON, his name was added as a co-sponsor of the Bill.
S. 1111 -- Senator Bryan: A BILL TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF CRIMINAL RECORDS REGARDING PERSONS FOUND INNOCENT OF CRIMINAL CHARGES OR AGAINST WHOM CHARGES ARE DISCHARGED OR DISMISSED, SO AS TO PROVIDE THAT SUCH RECORDS SHALL BE DESTROYED UPON NOTIFICATION TO THE LAW ENFORCEMENT AGENCY BY THE CLERK OF COURT AND THAT NO ORDER OF THE CIRCUIT COURT OR MAGISTRATE'S COURT IS REQUIRED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD1111.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. Any If a person who after being is charged with a criminal an offense and such the charge is discharged or proceedings against such person dismissed, or if the person is found to be innocent not guilty of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such record pertaining to such charge shall be retained by any municipal, county or State law enforcement agency upon notification to the law enforcement agency by the clerk of court. No evidence of the record pertaining to the charge shall be retained by a municipal, county, or state law enforcement agency. A court order shall not be required to destroy the arrest and booking record, files, mug shots, and fingerprints of the person."
SECTION 2. Section 20-7-8520 of the 1976 Code, as enacted by Act 383 of 1996, is amended by adding:
"(E) If a juvenile is charged with an offense and the charge is discharged or dismissed, or if the juvenile is not adjudicated delinquent, all records including mug shots and fingerprints maintained by law enforcement pursuant to Section 20-7-8510 must be destroyed upon notification to the law enforcement agency by the clerk of court. A court order shall not be required to destroy these records."
SECTION 3. This act takes effect upon approval by the Governor and applies retroactively and prospectively./
Amend title to conform.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
The following Bills were carried over:
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.
On motion of Senator LEATHERMAN, the Bill was carried over.
S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.
On motion of Senator HOLLAND, the Bill was carried over.
S. 981 -- Senator Giese: A BILL TO AMEND SECTION 40-35-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO REQUIRE AN ASSOCIATE DEGREE WITH ONE YEAR OF ON-SITE SUPERVISED EXPERIENCE RATHER THAN A HIGH SCHOOL EDUCATION.
Senator GIESE asked unanimous consent to add notice of general amendments to the Bill.
There was no objection.
On motion of Senator SALEEBY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator DRUMMOND rose to a Point of Personal Privilege.
Senator DRUMMOND asked unanimous consent to make a motion that, when the Senate stands adjourned on Wednesday, April 15, 1998, it stand adjourned to meet at 11:00 A.M. on Thursday, April 16, 1998, in statewide session for the exclusive purpose of taking up Bills that have previously been ordered to a reading on a subsequent legislative day; and that, when the Senate adjourns on Thursday, April 16, 1998, it stand adjourned to meet at 11:00 A.M. on Friday, April 17, 1998, for local and uncontested matters; and that, when it adjourns on Friday, April 17, 1998, it stand adjourned to meet in statewide session on Tuesday, April 20, 1998, at 12:00 Noon.
There was no objection and the motion was adopted.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
The PRESIDENT appointed Senators SETZLER, LEVENTIS, WASHINGTON and MARTIN to escort the winners of the 1998 Jean Laney Harris Folk Heritage Awards, members of the Advisory Committee and members of their party to the House Chamber for the Joint Assembly.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4773 -- Reps. A. Harris, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1998, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1998 JEAN LANEY HARRIS
FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The PRESIDENT appointed Senators SETZLER, LEVENTIS, WASHINGTON and MARTIN to the Escort Committee on behalf of the Senate.
The Speaker appointed Representatives Woodrum, Trotter, Inabinett, Seithel and Knotts to the Escort Committee on behalf of the House of Representatives.
The Escort Committees of the Senate and House accompanied the winners of the 1998 Jean Laney Harris Folk Heritage Award and the members of the 1998 Jean Laney Harris Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.
The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates by the PRESIDENT honoring their respective talents.
The winners entertained the members of the Joint Assembly--Mr. Buford Mabry of Sumter County, storyteller who regaled his audience with a tale; Mr. Nick Hallman of Pickens County, old-time country musician who performed a blue grass and old-time country musical tune; Mr. Tom Boozer of Younges Island, who displayed examples of his hand carved decoys authentic to the period of 1846-1940; Ms. Carolyn E. "Jabulile" White of Charleston County, storyteller of Gullah tales who recounted a story; and Mr. Bill Wells of Lexington County, advocate for old-time and bluegrass music, who enthralled the audience with a musical selection.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly adjourned, whereupon, by prior motion of Senator DRUMMOND, the Senate stood adjourned.
On motion of Senator LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Lawrence "Bubba" Graham of Newberry, S.C.
At 12:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. in statewide session for the exclusive purpose of taking up Bills that have previously been ordered to a reading on a subsequent legislative day.
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