Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, St. Mark would have made a good modern newspaper reporter (only the facts, sir), and he, some scholars believe, got his information from Peter. Hear Mark's story, Chapter 16:7:
"But go, tell his disciples and Peter that He is going ahead of
you to Galilee; there you will see Him, just as He told you."
Let us pray.
Our Father, as we return to our duties here, after the first commemoration of the Resurrection of Jesus in the third millennium, we are still stunned... afraid... glad!
Father, might it also be written somewhere by the Spirit of St. Mark and Peter in the Book of Life these words:
"Do not be alarmed, you are looking for Jesus of Nazareth, who
was crucified. He has been raised... Look, there is the place they
laid Him. But go tell his disciples and (dare we write in our own
names) that He is going ahead of you to every city, town and
countryside (in the Carolinas) and the world. There you will
see Him... in the lives of every believer... just as He told you."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:
6th Congressional District:
Luther A. Bradley, Route 4, P.O. Box 54-B, Hemingway, S.C. 29554
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:
2nd Congressional District:
Robert O. Williams, 1104 Indigo Avenue, Cayce, S.C. 29033
Reappointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:
At-Large:
John R. Robertson, Jr., 229 Avery Lane, Columbia, S.C. 29212
Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 1998, and to expire June 30, 2002:
5th Congressional District:
Clyde M. Jones, 1002 Sunnyhill Drive, Camden, S.C. 29020 VICE Robert J. Crisp
Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 1998, and to expire June 30, 2002:
1st Congressional District:
George W. Cox, Jr., 1117 48th Ave. North, Suite 123, Myrtle Beach, S.C. 29577 VICE Franklin Martin Stallings
Initial Appointment, South Carolina State Athletic Commission, with term to commence June 30, 2000, and to expire June 30, 2004:
4th Congressional District:
Lynda Elaine Leventis-Wells, 1107 Edwards Road, Greenville, S.C. 29615 VICE Robert H. Bishop
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2000, and to expire June 30, 2003:
Horry County Council:
Martina "Marty" Hardwick, 714 Cedar Drive North, Surfside Beach, S.C. 29575
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2000, and to expire June 30, 2003:
Horry County Council:
James R. Madory, 3710 Kinloch Drive, Myrtle Beach, S.C. 29577
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819
Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Sandra M. Moody, 149 Belle Rive Drive, Ninety Six, S.C. 29666
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649
The following were received and referred to the appropriate committees for consideration:
Document No. 2507
Agency: Commission on Higher Education, South Carolina Student Loan Corporation
SUBJECT: Repayment
Received by Lieutenant Governor April 20, 2000
Referred to Education Committee
Legislative Review Expiration August 18, 2000 (Subject to Sine Die Revision)
Document No. 2512
Agency: Department of Social Services
SUBJECT: Fair Hearings
Received by Lieutenant Governor April 20, 2000
Referred to General Committee
Legislative Review Expiration August 18, 2000 (Subject to Sine Die Revision)
Senator COURSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
On motion of Senator DRUMMOND, at 12:05 P.M., Senator O'DELL was granted a leave of absence for the week.
On motion of Senator DRUMMOND, at 12:05 P.M., Senator SALEEBY was granted a leave of absence for the week.
On motion of Senator BRYAN, at 12:05 P.M., Senator FAIR was granted a leave of absence for today.
On motion of Senator RAVENEL, at 12:05 P.M., Senator McCONNELL was granted a leave of absence for the week.
S. 1315 (Word version) -- Senators McConnell and Saleeby: A BILL TO AMEND CHAPTER 71 OF TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE BY ADDING ARTICLE 19, SO AS TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF ADVERSE & FINAL ADVERSE DETERMINATIONS.
Senator PASSAILAIGUE asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
S. 1241 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 56-3-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES, SO AS TO FURTHER PROVIDE FOR THE RESERVATION AND ISSUANCE OF SUCH PLATES.
Senator McGILL asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1353 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE TWENTY-FIVE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2000 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1354 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 9-11-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT OF PROBATE JUDGES, SO AS TO ALLOW ASSOCIATE PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM.
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Read the first time and referred to the Committee on Finance.
S. 1355 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF THE RULE TO SHOW CAUSE IN AN EJECTMENT, SO AS TO CLARIFY THAT SERVICE MAY BE EFFECTED AS PROVIDED IN MAGISTRATES COURTS, AND TO PROVIDE THAT SERVICE OF THE RULE BY POSTING AND MAILING AFTER THREE PRIOR ATTEMPTS MUST BE WITHIN SEVENTY-TWO HOURS AT TIME FRAMES SEPARATED BY A MINIMUM OF TWENTY-FOUR HOURS.
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Read the first time and referred to the Committee on Judiciary.
S. 1356 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE BISHOP DR. A. J. BIXBY, JR. ON TWENTY YEARS OF DEDICATED AND DEVOTED SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1357 (Word version) -- Senators Land, Drummond, Holland, Saleeby, Smith, J. Verne, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Bauer and Richardson: A CONCURRENT RESOLUTION TO JOIN GOVERNOR JIM HODGES IN RECOGNIZING APRIL 24-28, 2000, AS "MINOR LEAGUE BASEBALL WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE CONTRIBUTION THAT MINOR LEAGUE BASEBALL MAKES TO COMMUNITIES AROUND THE NATION AND SOUTH CAROLINA.
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Senators LAND, COURSON, PASSAILAIGUE and RANKIN spoke on the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1358 (Word version) -- Senator Rankin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE FIRE PROTECTION SERVICES, ALSO TO PROVIDE EMERGENCY MEDICAL SERVICES TO THE AREA WITHIN ITS BOUNDARIES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.
S. 1359 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-31 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON THAT PORTION OF LAKE MARION KNOWN AS POTATO CREEK WITHIN TWO HUNDRED YARDS OF THE SHORELINE WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THIS PORTION OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and, on motion of Senator LAND, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator LAND, with unanimous consent, S. 1359 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1360 (Word version) -- Senator Rankin: A BILL TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
Read the first time and referred to the Committee on Judiciary.
H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Read the first time and referred to the Committee on Transportation.
H. 4670 (Word version) -- Reps. Stille, Barrett, Hamilton and Littlejohn: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60 RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.
Read the first time and referred to the Committee on Education.
H. 4911 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-702 SO AS TO DESIGNATE THE TAPESTRY "FROM THE MOUNTAINS TO THE SEA" AS THE OFFICIAL STATE TAPESTRY.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS asked unanimous consent to refer the Bill to the Committee on Invitations.
There was no objection.
The Bill was read the first time and referred to the Committee on Invitations.
H. 4927 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 2480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4945 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING FAMILY LITERACY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2482, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4946 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
Senator SETZLER asked unanimous consent to place the Resolution on the Calendar for consideration tomorrow.
There was no objection.
The Resolution was placed on the second reading Calendar.
H. 4962 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 1, 1999, MISSED BY STUDENTS OF JONESVILLE ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT OF UNION COUNTY FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
Senator SETZLER asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Resolution was recalled.
Senator SETZLER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator PEELER asked unanimous consent to give the Resolution a second and third reading on the next two legislative days.
There was no objection.
H. 4963 (Word version) -- Reps. Neilson, J. Hines and Lucas: A JOINT RESOLUTION TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UP TO FOUR SCHOOL DAYS MISSED BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE DARLINGTON COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, FLOODING, RESULTING HAZARDOUS ROAD CONDITIONS, OR HEATING PROBLEMS IN ANY PARTICULAR SCHOOL OF THE DISTRICT ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 4966 (Word version) -- Reps. Maddox, Allen, Martin and Townsend: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
Read the first time and, on motion of Senator WALDREP, with unanimous consent, ordered placed on the Calendar without reference.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 566 (Word version) -- Senators Waldrep and Courtney: A BILL TO AMEND SECTION 24-21-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION FEES SO AS TO PROVIDE THAT A COLLECTION FEE OF NOT MORE THAN TWENTY PERCENT SHALL BE SET BY THE JUDGE AND COLLECTED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable report on:
S. 1081 (Word version) -- 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.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:
H. 4710 (Word version) -- Reps. Harrison, Knotts and Whatley: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE FEBRUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Ordered for consideration tomorrow.
S. 721 (Word version) -- Senator Saleeby: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER OF FUNDING THE SECOND INJURY FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE FOR THE MANNER OF ASSESSING SELF-INSUREDS AND INSURANCE CARRIERS.
The House returned the Bill with amendments.
On behalf of Senator SALEEBY, Senator PASSAILAIGUE moved that the Senate concur in the House amendments and a message be sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4730 (Word version) -- Reps. Rhoad, Sharpe, Seithel and Hayes: A BILL TO AMEND SECTION 47-4-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS OF PROVISIONS TITLE 47, SO AS TO CHANGE THE MAXIMUM PENALTIES FOR CERTAIN VIOLATIONS FROM A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS TO A FINE OF NOT MORE THAN THAT AMOUNT AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT OR IMPRISONMENT FOR NOT MORE THAN THAT PERIOD OF TIME AUTHORIZED AS THE JURISDICTIONAL MAXIMUM FOR A SUMMARY COURT; TO AMEND SECTION 47-11-90, AS AMENDED, RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE, SO AS TO DELETE PROVISIONS RELATING TO BRUCELLOSIS TEST REQUIRED FOR CATTLE FOR DAIRY AND BREEDING PURPOSES BEFORE THEY ARE REMOVED FROM A PUBLIC LIVESTOCK AUCTION MARKET AND PROVIDE THAT, WHEN CONSIDERED ADVISABLE BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION, ALL ANIMALS EXCEPT THOSE FOR IMMEDIATE SLAUGHTER MUST BE TESTED FOR BRUCELLOSIS BEFORE BEING REMOVED FROM STOCKYARDS OR OTHER PREMISES WHERE ANIMALS ARE HELD FOR SALE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO HORSES ENTERING THE STATE BEING TESTED FOR EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE THAT THE HORSE MUST BE ACCOMPANIED BY AN OFFICIAL TEST CHART SHOWING THAT THE HORSE REACTED NEGATIVELY TO THE TEST WITHIN THE TWELVE MONTHS BEFORE ENTRY; TO AMEND SECTION 47-13-1390, AS AMENDED, RELATING TO FALSE COGGINS TEST CERTIFICATES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF HAVING A FALSE OR FORGED CERTIFICATE MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-13-1400, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF EQUINE INFECTIOUS ANEMIA TESTING REQUIREMENTS, SO AS TO PROVIDE THAT A PERSON VIOLATING THE PROVISIONS OF ARTICLE 13, CHAPTER 13, TITLE 47, RELATING TO EQUINE INFECTIOUS ANEMIA, MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130; TO AMEND SECTION 47-15-10, RELATING TO THE DEFINITION OF "GARBAGE", SO AS TO STRIKE VEGETABLE WASTE FROM THE DEFINITION AND TO FURTHER PROVIDE THAT UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS ARE ANIMAL WASTE; TO AMEND SECTION 47-17-100, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-17-60, 47-17-70, AND 47-17-80 REGULATING MEAT AND MEAT FOOD PRACTICES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130, AND TO PROVIDE FURTHER PENALTIES IF A VIOLATION INVOLVES INTENT TO DEFRAUD OR DISTRIBUTION OF AN ADULTERATED ARTICLE; AND TO AMEND SECTION 47-19-120, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTIONS 47-19-70, 47-19-80, 47-19-90, 47-19-100, AND 47-19-110 REGULATING POULTRY PRODUCTS INSPECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLATION OF THOSE SECTIONS MUST BE PUNISHED IN ACCORDANCE WITH SECTION 47-4-130.
Senator LEVENTIS spoke on the Bill.
H. 4650 (Word version) -- Reps. Hamilton, W. McLeod, Easterday, Leach and F. Smith: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY REQUIREMENTS FOR A LIFE SCHOLARSHIP, SO AS TO DELETE THE REQUIREMENT THAT STUDENTS MUST PASS ALL COURSES REQUIRED FOR A STAR DIPLOMA; TO REPEAL SECTIONS 59-39-105 AND 59-39-190 RELATING TO THE REQUIREMENTS AND THE PROMULGATION OF REGULATIONS FOR THE STAR DIPLOMA; AND TO REPEAL SECTION 59-103-175, RELATING TO INCLUDING STAR DIPLOMA INFORMATION IN HIGH SCHOOL AND HIGHER EDUCATION AWARENESS COUNSELING, ALL SO AS TO REPEAL THE STAR DIPLOMA PROGRAM.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (4650R002.CBH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. A. Section 59-104-20 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.
Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol- or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."
B. Section 59-113-20 of the 1976 Code is amended to read:
"Section 59-113-20. The State of South Carolina shall grant an amount, as provided in this chapter, to any applicant who meets the following qualifications:
(a) has been a resident of South Carolina for at least one year;
(b) is of good moral character;
(c) has demonstrated qualities of academic merit and financial need;
(d) has been accepted by or is registered in a South Carolina independent institution of higher learning as a full-time student whose academic programs are not comprised solely of sectarian instruction; and
(e) is not enrolled in a course of study leading to a degree in theology, divinity, or religious education; and
(f) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol- or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina tuition grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol- or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea."
C. Section 59-142-10 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a public institution of higher learning in this State, who applies for the need-based grant, and who meets the following qualifications:
(1) meets domicile requirements, as defined in Section 59-112-20, with the additional requirement of at least twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment;
(2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program;
(3) is of good moral character and has never been convicted of a felony; and;
(4) has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol- or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol- or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and
(5) is found to be in financial need according to federal Title IV regulations.
(B) To maintain continued eligibility for the state need-based grants, once enrolled a student shall:
(1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as determined by the institution;
(2) have no criminal record have not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol- or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a South Carolina need-based grant, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol- or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such grants after the expiration of one academic year from the date of the adjudication, conviction, or plea; and
(3) be eligible for the need-based grants for a maximum of four academic years of two semesters."
D. Section 59-149-90(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol- or drug related drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol- or drug related drug-related misdemeanor offense is ineligible only for one calendar year after the adjudication, conviction, or plea occurred nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea."
E. This section takes effect upon approval by the Governor; however, students receiving Palmetto Fellows Scholarships, Tuition Grants or Need-based Grants adjudicated delinquent, convicted, or plead guilty to any alcohol- or drug-related misdemeanors prior to July 1, 2000, shall not be penalized under this section. /
Amend the bill further, by striking SECTION 6 and inserting the following:
/ SECTION ___. Except as otherwise provided, this act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (4650R001.CBH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Section 59-118-30(1) of the 1976 Code, as last amended by Act 419, Part II, Section 59A of 1998, is further amended to read:
"(1) 'Qualifying college or university' means a state-supported, post-secondary, four-year educational institution offering undergraduate, master, or doctoral degree programs, and also includes a technical college under the jurisdiction of the State Board for Technical and Comprehensive Education, and a regional campus of the University of South Carolina." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 265 (Word version) -- Senators Russell and Wilson: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.
Senator RUSSELL explained the Bill.
S. 820 (Word version) -- Senators Holland, McConnell and Giese: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF 'HARASSMENT', SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1710, RELATING TO PENALTIES UPON CONVICTION FOR HARASSMENT WITHIN SEVEN YEARS OF A PRIOR CONVICTION OF HARASSMENT OR STALKING, SO AS TO CLARIFY THE LANGUAGE OF THE SECTION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1730, RELATING TO PENALTIES UPON CONVICTION OF AGGRAVATED STALKING, SO AS TO INCREASE THE MAXIMUM PENALTY; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO AMEND SECTION 16-3-1770, RELATING TO FORM AND CONTENT OF TEMPORARY RESTRAINING ORDERS, SO AS TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
S. 891 (Word version) -- Senators Holland, Cork and Martin: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF OR A RESIDENT OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.
S. 1116 (Word version) -- Senators Grooms, Hayes, Mescher, Ryberg, Giese, Branton and Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC EDUCATION, BY ADDING SECTION 5 SO AS TO REQUIRE THAT THE PUBLIC SCHOOLS OF THIS STATE MUST BEGIN EACH SCHOOL DAY WITH A MOMENT OF SILENCE OF NOT LESS THAN ONE MINUTE NOR MORE THAN THREE MINUTES IN DURATION.
S. 1332 (Word version) -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF STATE EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996; AND BY ADDING SECTION 59-111-145 TO DEFINE "STATE EMPLOYEE" FOR PURPOSES OF SECTION 59-111-110 AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators RYBERG and ALEXANDER proposed the following amendment (GGS\22615AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-111-110 of the 1976 Code is amended to read:
"Section 59-111-110. No tuition shall may be charged for a period of four school years by any state-supported college or university or any state-supported vocational or technical school for children of:
(1) firemen, both regularly employed and members of volunteer organized units, organized rescue squad members, members of the Civil Air Patrol, law-enforcement officers, or corrections officers, as defined herein, including reserve and auxiliary units of counties or municipalities who become totally disabled or are killed in the line of duty on or after July 1, 1964.;
(2) government employees who become totally disabled or are killed in the line of duty while working on state time on or after July 1, 1996, as a result of a criminal act committed against them which constitutes a felony under the laws of this State.
The tuition authorized to be paid by this section applies only to undergraduate courses or curriculum and may be paid for a period not exceeding four years, regardless of the number of state-supported colleges, universities, or state-supported vocational or technical schools the child attends."
SECTION 2. The 1976 Code is amended by adding:
"Section 59-111-145. For the purposes of this article, a state government employee means a person who is required to participate in the state retirement system."
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator RYBERG 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. 57 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL RECORDERS TO SET AND ACCEPT BONDS AND RECOGNIZANCES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SHORT proposed the following amendment (JUD0057.001), which was adopted:
Amend the bill, as and if amended, page 1, line 40, by striking SECTION 2 in its entirety and inserting therein the following:
/ SECTION 2. Section 14-25-15 of the 1976 Code is amended to read:
"Section 14-25-15. (A) Each municipal judge shall be appointed by the council to serve for a term set by the council not to exceed four years and until his successor is appointed and qualified. His compensation shall be fixed by the council.
(B) The council shall notify South Carolina Court Administration of any persons appointed or reappointed as municipal judges.
(C) Before entering upon the discharge of the duties of his office, each judge shall take and subscribe the oath of office prescribed by Article VI, Section 5, of the South Carolina Constitution.
(D) Notwithstanding any other provision of law relating to the terms and qualifications of municipal judges:
(1) All municipal judges shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year.
(a) Municipal judges appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 2001, whichever is later.
(b) Municipal judges serving in the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this section, shall pass a certification examination before April 30, 2001.
(c) Municipal judges serving in the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 2002.
(d) Every municipal judge shall pass a recertification examination within eight years after passing the initial certification examination and at least once every eight years thereafter.
(2) If any municipal judge does not comply with these training or examination requirements, his office is declared vacant on the date the time expires or when he is notified, as provided in subsection (E), whichever is earlier.
(E) Upon written notification of the Supreme Court or its designee to the affected municipal judge and the council of the failure of the municipal judge to complete the training program or pass the certification examination required pursuant to subsection (D), the municipal judge's office is declared vacant, the municipal judge does not hold over, and the council shall appoint a successor, as provided in Section 14-25-25; however, the council shall not reappoint the current municipal judge who failed to complete the training program or pass the certification examination required pursuant to subsection (D) to a new term or to fill the vacancy in the existing term.
(F) No municipal judge who is admitted to practice in the courts of this State shall practice law in the municipal court for which he is appointed.
(G) All municipal judges shall attend annually the number of approved continuing education hours in criminal law and subject areas related to municipal judges' duties which are required by the Supreme Court of South Carolina."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SHORT 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. 1347 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHERIFF OR CHIEF OF POLICE PROVIDING NOTICE TO OWNERS AND LIENHOLDERS OF ABANDONED MOTOR VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, PENALTIES IMPOSED UPON A LIENHOLDER, HIS AGENT, OR SERVANT WHO ABANDONS A MOTOR VEHICLE, AND THE NONIMPOSITION OF PENALTIES AGAINST THE OWNER OF A STOLEN MOTOR VEHICLE WHICH HAS BEEN ABANDONED, SO AS TO PROVIDE THAT A TOW COMPANY THAT HAS TAKEN CUSTODY OF A MOTOR VEHICLE IS AUTHORIZED TO PROVIDE THE REQUIRED NOTICE CONTAINED IN THIS PROVISION; AND TO AMEND SECTION 56-5-5640, RELATING TO THE SALE OF UNCLAIMED VEHICLES, SO AS TO PROVIDE THAT THE PERSONS WHO INCURRED CERTAIN EXPENSES RELATING TO THE SALE OF AN UNCLAIMED VEHICLE SHALL BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE VEHICLE.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WALDREP proposed the following amendment (PSD\ 7200CM00), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION_____. The 1976 Code is amended by adding:
"Section 56-5-2527. A company that stores a towed vehicle shall not assess storage fees against the vehicle in excess of twenty-five dollars a day." /
Amend title to conform.
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. 1210 (Word version) -- Senator Short: A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1997, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (bbm\9497htc00) proposed by Senators PEELER and GROOMS and previously printed in the Journal of Thursday, April 13, 2000.
On motion of Senator PEELER, with unanimous consent, the amendment was withdrawn.
Having voted on the prevailing side, Senator SHORT asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 1 (1210R001.LAR) proposed by Senator RANKIN was adopted.
There was no objection.
The question then was the adoption of the amendment proposed by Senator RANKIN.
On motion of Senator SHORT, with unanimous consent, the amendment was withdrawn.
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McGill Mescher Moore Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 3120 (Word version) -- Reps. Sandifer, Meacham, Simrill and Littlejohn: A BILL TO AMEND SECTION 23-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR HOMICIDE OR ASSAULT AND BATTERY COMMITTED AGAINST A CHILD BY A PERSON SIXTEEN YEARS OF AGE OR OLDER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3120.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-3-120 of the 1976 Code is amended to read:
"Section 23-3-120. (A) All law enforcement agencies and court officials shall must report all criminal data and related information within their respective jurisdictions to the system State Law Enforcement Division's Central Record Repository all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the State Law Enforcement Division may require requires. This information must include criminal data and related information on regarding juveniles charged with offenses within their respective jurisdictions pursuant to Section 20-7-8510.
(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information.
(C) The Department of Corrections and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."
SECTION 2. Section 23-3-620 of the 1976 Code is amended to read:
"(A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person convicted or adjudicated delinquent on or after June 30, 1995 July 1, 2000, for:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653; involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and
(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(2) a any criminal offender convicted or adjudicated delinquent on or after July 1, 2000, who is ordered by the court to provide a sample.
(B) A person convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement shall must provide a sample as a condition of their his sentence. This sample to shall be taken at a prison, or jail, or other location as specified by the sentencing court.
(B)(C) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person who is was convicted or adjudicated delinquent before July 1, 1995 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 1995 2000, for:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653; involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and
(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(2) a violent any criminal offender ordered by the court to provide a sample who was convicted or adjudicated delinquent before July 1, 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 2000.
(D) An agency having custody of an offender who is required to provide a DNA sample under subsections (C)(1) or (C)(2) shall must notify SLED at least seventy-two hours three days, excluding weekends and holidays, before the individual is paroled or released from confinement.
(C)(E) At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:
(1) A person sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole convicted or adjudicated delinquent before July 1, 2000, who is serving a probated sentence or is paroled on or after July 1, 2000, for:
(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000, and who is serving a probated sentence or is paroled on or after July 1, 2000.
(D)(F) A person providing who provides a sample pursuant to this article also shall must provide such other information as may be required by SLED.
(E)(G) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.
(F)(H) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."
SECTION 3. Section 23-3-700 of the 1976 Code is amended to read:
"Section 23-3-700. Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement Division shall begin collecting DNA samples for analysis for crimes outlined in this article no later than July 30, 2000."
SECTION 4. This act takes effect July 1, 2000. /
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 283 (Word version) -- Senators Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
S. 946 (Word version) -- Senators Holland, Elliott and Rankin: A BILL TO AMEND SECTION 7-5-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION.
Senator MOORE explained the Bill.
H. 4555 (Word version) -- Reps. J. Smith and Walker: A BILL TO AMEND SECTION 20-7-9710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO ADD THE CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION AS AN EX OFFICIO NONVOTING MEMBER OF THE BOARD.
S. 52 (Word version) -- Senators Giese, Elliott, Leventis, Hayes, Rankin and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES UNDER CERTAIN CONDITIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (52EMS1), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting the following: /
/ SECTION 1. The State Department of Education is directed to conduct a study to determine the feasibility of allowing home schooled students to participate in interscholastic activities and the impact of allowing such participation. A report on the findings of the study shall be presented to the Senate Education Committee and the House Education and Public Works Committee no later than January 15, 2001./
Renumber sections to conform.
Amend title to conform.
Senator BRYAN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 1350 (Word version) -- Education Committee: A BILL TO AMEND CHAPTER 39, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGH SCHOOL DIPLOMAS, BY ADDING SECTION 59-39-115 SO AS TO PROVIDE FOR THE ISSUANCE OF A HIGH SCHOOL DIPLOMA TO A HIGH SCHOOL STUDENT WHO ENLISTED IN THE UNITED STATES ARMED FORCES DURING THE PERIOD OF DECEMBER 8, 1941, THROUGH SEPTEMBER 1, 1946, UPON PRESENTATION OF THE APPROPRIATE DOCUMENTATION TO THE STATE DEPARTMENT OF EDUCATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MESCHER proposed the following amendment (1350R001.WCM), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 33 and inserting in lieu thereof the following:
/ and a copy of an Honorable Discharge or honorable discharge papers (DD-214) to the South /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD1291.001), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 27-7-40 of the 1976 Code is amended by adding:
"Section 27-7-40. (a) In addition to any other methods for the creation of a joint tenancy in real estate which may exist by law, whenever any deed of conveyance of real estate contains the names of the grantees followed by the words 'as joint tenants with rights of survivorship, and not as tenants in common' the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created. This joint tenancy includes, and is limited to, the following incidents of ownership:
(i) In the event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants.
(ii) In the event of the death of a joint tenant survived by more than one joint tenant in the real estate, the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship.
(iii) The fee interest in real estate held in joint tenancy may not be encumbered or conveyed to a third party or parties by a joint tenant acting alone without the joinder of the other joint tenant or tenants in the encumbrance or conveyance.
(iv) If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be effectively encumbered or conveyed to a third party or parties.
(v) If real estate is owned by only two joint tenants, a conveyance by one joint tenant to the other joint tenant terminates the joint tenancy and conveys the fee in the real estate to the other joint tenant.
(vi) If real estate is owned by more than two joint tenants, a conveyance by one joint tenant to all the other joint tenants therein conveys his interest therein equally to the other joint tenants who continue to own the real estate as joint tenants with right of survivorship.
(vii) Any joint tenancy in real estate held by a husband and wife with no other joint tenants is severed upon the filing of an order or decree dissolving their marriage and vests the interest in both the parties as tenants in common, unless an order or decree of a court of competent jurisdiction otherwise provides.
(viii) The interest of any joint tenant in a joint tenancy in real estate sold or conveyed by a court of competent jurisdiction where otherwise permitted by law severs the joint tenancy, unless the order or decree of such court otherwise provides and vests title in the parties as tenants in common.
(ix) If real estate is owned by two or more joint tenants, a conveyance by all the joint tenants to themselves as tenants in common severs the joint tenancy and conveys the fee in the real estate to these individuals as tenants in common.
(b) The surviving joint tenant or tenants may, following the death of a joint tenant, file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate.
(c) Except as expressly provided herein, any joint tenancy severed pursuant to the terms of this section is and becomes a tenancy in common without rights of survivorship. Nothing contained in this section shall be construed to create the estate of tenancy by the entireties. Nothing contained in this section amends any statute relating to joint tenancy with rights of survivorship in personal property but affects only real estate. The provisions of this section must be liberally construed to carry out the intentions of the parties. This section supersedes any conflicting provisions of Section 62-2-804."
SECTION ___. Section 62-2-804 of the 1976 Code is amended to read:
"Section 62-2-804. When any person is seized or possessed of any estate of joint tenancy at the time of his death, such the joint tenancy is deemed to have been severed by the death of the joint tenant and such the estate is distributable as a tenancy in common unless the instrument which created creates the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance shall does not occur. While other methods for the creation of a joint tenancy may be utilized, an express provision for a right of survivorship is conclusively deemed to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words 'as joint tenants with right of survivorship and not as tenants in common'."
SECTION ____. Section 62-3-711 of the 1976 Code is amended to read:
"Section 62-3-711. (a) Until termination of his appointment or unless otherwise provided in Section 62-3-910, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Except as otherwise provided in subsection (b), this power may be exercised without notice, hearing, or order of court.
(b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301, et seq. and shall refrain from selling tangible or intangible personal property of the estate (other than securities regularly traded on national or regional exchanges and produce, grain, fiber, tobacco, or other merchandise of the estate for which market values are readily ascertainable) having an aggregate value of five thousand dollars or more without prior order of the court.
(c) If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62-3-713, the personal representative may execute a warranty deed in favor of a purchaser for value, who takes title to the real property in accordance with the provisions of Section 62-3-910(b)."
SECTION ___. Section 62-3-715(23) of the 1976 Code is amended to read:
"(23) make payment in cash or in kind, or partly in cash and partly in kind, upon any division or distribution of the estate (including the satisfaction of any pecuniary distribution) without regard to the income tax basis of any specific property allocated to any beneficiary and value and appraise any asset and distribute such asset in kind at its appraised value; and make non-pro rata distributions of real and personal property.;"
SECTION ___. The first paragraph of Section 62-3-906(a) of the 1976 Code is amended to read:
"Section 62-3-906. (a) Unless a contrary intention is indicated by the will, such as the grant to the personal representative of a power of sale, the distributable assets of a decedent's estate must be distributed in kind to the extent possible through application of the following provisions:"
SECTION ___. Section 62-3-907 of the 1976 Code is amended to read:
"Section 62-3-907. (A) If distribution in kind (whether real or personal property) is made, the personal representative shall must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
(B) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his puchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.
(D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, provided by Section 62-3-711(a)."
SECTION ___. Section 62-3-908 of the 1976 Code is amended to read:
"Section 62-3-908. Proof that a distributee has received an instrument or deed of distribution of assets in kind whether real or personal property, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. An improper distribution includes, but is not limited to, those instances where the instrument or deed of distribution is found to be inconsistent with the provisions of the will or statutes governing intestacy."
SECTION ___. Section 62-3-910 of the 1976 Code is amended to read:
"Section 62-3-910. (A) If property distributed in kind (whether real or personal property) or a mortgage or other security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested persons, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that such the transfer was made for value.
(B) If a will devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), a purchaser for value who receives a warranty deed from the personal representative takes title to the real property free of rights of any heirs or devisees or other interested person in the estate and incurs no personal liability to the estate or to any heir or devisee or other interested person in the estate, whether or not the sale was proper and regardless of whether the heirs or devisees to whom title devolved pursuant to Section 62-3-101 executed or consented to the deed. This section protects a purchaser of real property from a personal representative who has title to the real property or who has sold real property to the purchaser pursuant to an authorization in the will. To be protected under this provision, a purchaser need not inquire whether a personal representative acted properly in making the sale, even if the personal representative and the purchaser are the same person, or whether the authority of the personal representative had terminated before the sale. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that such sale was made for value."
SECTION ___. Part 12 of Article 3 of the 1976 Code is amended to read:
"Section 62-3-1201. (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall must make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor. Before this affidavit may be presented to collect the decedent's personal property, it must:
(1) state that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances, does not exceed ten twenty-five thousand dollars;
(2) state that thirty days have elapsed since the death of the decedent;
(3) state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(4) state that the claiming successor is entitled to payment or delivery of the property;
(5) be approved and countersigned by the probate judge of the county of the decedent's residence at the time of his death and only upon the judge's satisfaction that the successor is entitled to payment or delivery of the property; and
(6) be filed in the probate court.
(b) A transfer agent of any security shall must change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit, as provided in subsection (a).
Section 62-3-1202. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
Section 62-3-1202A. When any person in this State dies leaving a probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy) with a value, less liens and encumbrances, not exceeding ten twenty-five thousand dollars and exempt property, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the probate judge, after giving notice to creditors required by Section 62-3-801, but without giving additional notice to creditors, may receive such the estate and pay these creditors as may present their duly attested claims in the priority set forth in Section 62-3-805 and the residue, if any, to the distributee or distributees of the estate without the requirement of an administration.
Section 62-3-1203. (a) If it appears from the inventory and appraisal that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, does not exceed ten twenty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, after giving notice to creditors required by Section 62-3-801, but without giving additional notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto to it and file a closing statement, as provided in Section 62-3-1204.
(b) If it appears from an appointment proceeding that (1) the appointed personal representative is either the sole devisee under the probated will of a testate decedent or the sole heir of an intestate decedent, or (2) the appointed personal representatives are the sole devisees under the probated will of a testate decedent or the sole heirs of an intestate decedent, the personal representative, after giving notice to creditors, as required by Section 62-3-801, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement, as provided in Section 62-3-1204.
Section 62-3-1204. (a) Unless prohibited by order of the court and except for estates being administered under Part 5 (Sections 62-3-501 et seq.), a personal representative may close an estate administered under the summary procedures of Section 62-3-1203 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:
(1) either
(i) to the best knowledge of the personal representative, the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, did does not exceed ten twenty-five thousand dollars and exempt property, costs, and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent; or
(ii) the estate qualifies for summary administration according to the provisions of subsection (b) of Section 62-3-1203(b);
(2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto;
(3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.
(b) If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates."
SECTION ___. Section 62-4-205 of the 1976 Code is amended to read:
"Section 62-4-205. A domiciliary foreign personal representative who has complied with Section 62-4-204 may exercise, as to assets (including real and personal property) in this State, all powers of a local personal representative, and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally."
SECTION ___. Section 62-4-207 of the 1976 Code is amended to read:
"Section 62-4-207. In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.), which for purposes of this section relates to the real property of the nonresident decedent located in this State, is the only mechanism that affects the rights of claimants, purchasers, or distributees in this State."
SECTION ___. Section 62-7-704(c) of the 1976 Code is amended by adding:
"(27) to make non-pro rata distributions of real and personal property." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4651 (Word version) -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RYBERG objected to further consideration of the Bill and desired his name to be listed as being present on the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 8 (3R025.LAR) proposed by Senator RANKIN and previously printed in the Journal of Thursday, April 20.
On motion of Senator RANKIN, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1031 (Word version) -- Senators Leatherman, Ryberg, Fair, McConnell, Grooms, Mescher, Giese, Peeler, Courtney, Branton, Ravenel, Russell, Alexander, Thomas, Martin, Wilson, Waldrep, Courson and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
Senator WILSON moved that the Bill be made a Special Order.
The Bill was made a Special Order.
Having voted on the prevailing side, Senator LAND moved to reconsider the vote whereby the Bill was made a Special Order.
There was no objection.
The Bill was removed from the Special Order Calendar.
S. 1205 (Word version) -- Senators Land, Reese, Glover, O'Dell, Drummond, Passailaigue, Saleeby, Anderson, Short, Ford, McGill, Matthews, Hutto, Rankin, Ravenel, Washington and Bryan: A BILL TO AMEND SECTION 1-30-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTITIES INCORPORATED INTO AND ADMINISTERED AS PART OF THE OFFICE OF THE GOVERNOR, SO AS TO ADD THE EMERGENCY PREPAREDNESS DIVISION; TO AMEND SECTION 25-1-420, RELATING TO THE EMERGENCY PREPAREDNESS DIVISION OF THE OFFICE OF ADJUTANT GENERAL, SO AS TO TRANSFER THIS DIVISION FROM THE ADJUTANT GENERAL'S OFFICE TO THE GOVERNOR'S OFFICE; TO AMEND SECTION 49-23-60, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE STATEWIDE DROUGHT RESPONSE COMMITTEE, SO AS TO MAKE A CONFORMING CHANGE; AND TO PROVIDE FOR THE TRANSITION OF EMPLOYEES AND PROPERTY ON JULY 1, 2000.
Senator MOORE moved to recall the Bill from the Committee on Judiciary.
Senator BRANTON objected.
The question then was the motion to recall the Bill from the Committee on Judiciary.
The Bill was recalled from the Committee on Judiciary.
S. 978 (Word version) -- Senators Leventis, McConnell, Ravenel, Passailaigue, Grooms, Rankin and Branton: A BILL TO AMEND SECTION 48-39-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA COASTAL COUNCIL AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COASTAL COUNCIL AND TO SPECIFY THE PROCEDURES FOR APPEALING DECISIONS OF THE COASTAL COUNCIL RELATING TO SIGNIFICANT OR CONTROVERSIAL PERMIT APPLICATIONS AND CONSISTENCY CERTIFICATIONS; TO AMEND SECTIONS 48-39-150, 48-39-180, 48-39-280, AND 48-39-290, ALL AS AMENDED, AND ALL RELATING TO, AMONG OTHER THINGS, APPEALS OF PERMIT DECISIONS, SO AS TO CONFORM THESE PROVISIONS TO CHANGES MADE IN THIS ACT.
Senator WILSON made a motion to make the Bill a Special Order.
Senator ELLIOTT objected.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Bryan Courson Drummond Elliott Ford Giese Glover Grooms Hayes Holland Hutto Land Leatherman Leventis * Martin McConnell * McGill Mescher Moore Passailaigue Peeler Rankin Ravenel Reese Richardson Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was made a Special Order.
H. 4651 (Word version) -- Reps. Witherspoon, Altman, Askins, Barfield, Barrett, Battle, Bowers, G. Brown, Carnell, Cato, Cooper, Dantzler, Davenport, Edge, Harrison, Hawkins, Hayes, J. Hines, Inabinett, Keegan, Kennedy, Klauber, Koon, Lanford, Lee, Limehouse, Littlejohn, Loftis, Lucas, Maddox, Martin, McCraw, W. McLeod, McMahand, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Sandifer, Sharpe, Taylor, Townsend, Tripp, Trotter, Walker, Webb, Whatley, Wilkes, Allen, Chellis, Haskins, Kirsh, Leach, Meacham-Richardson, Miller, Moody-Lawrence, Parks, Rodgers, Simrill and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO ENACT "THE FAIR PRACTICES OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS ACT" TO PROVIDE FOR THE PRACTICES OF MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS OF FARM, CONSTRUCTION, INDUSTRIAL, AND OUTDOOR POWER EQUIPMENT, INCLUDING SPECIFICATION AND PROHIBITION OF CERTAIN UNFAIR ACTS OF TRADE AND COMPETITION, AND TO PROVIDE FOR JURISDICTION, VENUE, STATUTE OF LIMITATIONS, PRIMA FACIE EVIDENCE, AND LEGAL AND EQUITABLE REMEDIES FOR ACTIONS ARISING OUT OF A VIOLATION OF ITS PROVISIONS.
On behalf of the Chairmen's Committee, Senator LAND moved that the Bill be made a Special Order.
Senator RYBERG raised a Point of Order under Rule 33B that the motion was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following Amendment No. 1 (DKA\ 3754MM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that the distribution of motor vehicles in the State of South Carolina vitally affects the general economy of the State and its public interest and public welfare. In the exercise of its police power, it is necessary for the State to regulate motor vehicle manufacturers, distributors, dealers, and their representatives doing business in South Carolina to prevent frauds and other abuses upon its citizens.
SECTION 2. Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-45. (A) It is unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own, operate, or control or to participate in the ownership, operation, or control of a new motor vehicle dealer in this State, to establish in this State an additional dealer or dealership in which that person or entity has an interest, or to own, operate, or control, directly or indirectly, an interest in a dealer or dealership in this State, excluding a passive interest in a publicly traded corporation held for investment purposes. This subsection does not prohibit the ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor:
(1) for a temporary period, not to exceed one year, during the transition from one owner or operator to another, except that on a showing by a manufacturer or franchisor of good cause, a court of competent jurisdiction may extend this time limit for periods up to an additional twelve months;
(2) during a period in which the new motor vehicle dealer is being sold pursuant to a bona fide contract, shareholder agreement, or purchase option to the operator of the dealership; or
(3) at the same location at which the manufacturer or franchisor has been engaged in the retail sale of new motor vehicles as the owner, operator, or controller of the dealership for a continuous two-year period of time immediately before January 1, 2000, where there is no prospective new motor vehicle dealer available to own or operate the dealership in a manner consistent with the public interest.
(B)(1) It is unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make operating pursuant to a franchise in the State of South Carolina. Except as otherwise provided in this subsection, the mere ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor pursuant to the conditions set forth in subsection (A) of this section is not a violation of this subsection.
(2) For purposes of this subsection, a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor is conclusively presumed to be competing unfairly if it gives preferential treatment to a dealer or dealership in which an interest is directly or indirectly owned, operated, or controlled by the manufacturer or franchisor or any partner, affiliate, wholly or partially owned subsidiary, officer, or representative of the manufacturer or franchisor, expressly including, but not limited to, preferential treatment regarding the direct or indirect cost of vehicles or parts, the availability or allocation of vehicles or parts, the availability or allocation of special or program vehicles, the provision of service and service support, the availability of or participation in special programs, the administration of warranty policy, the availability or allocation of factory rebates, or the availability and use of after warranty adjustments, advertising, floor planning, or financing or financing programs.
(C) It is unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to own a facility that engages primarily in the repair of motor vehicles, except motor homes, if the repairs are performed pursuant to the terms of a franchise or other agreement or the repairs are performed as part of a manufacturer's or franchisor's warranty. Nothing in this subsection prohibits a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor from owning a facility to perform warranty or other repairs on motor vehicles owned and operated by the manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor.
(D) Except as may be provided otherwise in subsections (A) and (B) of this section, a manufacturer or franchisor may not sell, directly or indirectly, a motor vehicle to a consumer in this State, except through a new motor vehicle dealer holding a franchise for the line make that includes the motor vehicle. This subsection does not apply to manufacturer or franchisor sales of new motor vehicles to the federal government, nor to manufacturer or franchisor leases of new motor vehicles to employees of the manufacturer or franchisor. Nothing in this subsection prohibits a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor operating as a motor vehicle lessor from selling a motor vehicle to the lessee at the conclusion of a lease agreement between the two parties. Nothing in this subsection prevents a manufacturer or franchisor from establishing an e-commerce website for the purpose of referring prospective customers to motor vehicle dealers holding a franchise for the same line make of the manufacturer or franchisor.
Section 56-15-46. (A) A franchisor that intends to establish a new dealership or to relocate a current dealership for a particular line-make motor vehicle within a ten-mile radius of an existing dealership of the same line-make motor vehicle shall give written notice of that intent by certified mail to the existing dealership. The notice must include the:
(1) specific location of the additional or relocated dealership;
(2) date of commencement of operation of the additional or relocated dealership at the new location;
(3) identities of all existing dealerships located in the market area of the new or relocated dealership; and
(4) names and addresses of the dealer and principals in the new or relocated dealership.
(B) If a franchisor intends to establish a new dealership or to relocate a current dealership within a ten-mile radius of an existing dealership, then that existing dealership may petition the court, within sixty days of the receipt of the notice, to enjoin or prohibit the establishment of the new or relocated dealership within a ten-mile radius of the existing dealership. The court shall enjoin or prohibit the establishment of the new or relocated dealership within a ten-mile radius of the protesting dealership unless the franchisor shows by a preponderance of the evidence that the existing dealership is not providing adequate representation of the line-make motor vehicle and that the new or relocated dealership is necessary to provide the public with reliable and convenient sales and service within that area. The burden of proof in establishing adequate representation is on the franchisor. In determining if the existing dealership is providing adequate representation and if the new or relocated dealership is necessary, the court may consider, but is not limited to considering:
(1) the impact the establishment of the new or relocated dealership will have on consumers, the public interest, and the protesting dealership, except that financial impact may be considered only with respect to the protesting dealership;
(2) the size and permanency of investment reasonably made and the reasonable obligations incurred by the protesting dealership to perform its obligation pursuant to the dealership's franchise agreement;
(3) the reasonably expected market penetration of the line-make motor vehicle, after consideration of all factors which may affect the penetration including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, and other factors affecting sales to consumers;
(4) actions by the franchisor in denying its existing dealership of the same line make the opportunity for reasonable growth, market expansion, or relocation, including the availability of line-make motor vehicles in keeping with reasonable expectations of the franchisor in providing an adequate number of dealerships;
(5) attempts by the franchisor to coerce the protesting dealership into consenting to an additional or relocated dealership of the same line make within a ten-mile radius of the protesting dealership;
(6) distance, travel time, traffic patterns, and accessibility between the protesting dealership of the same line make and the location of the proposed new or relocated dealership;
(7) the likelihood of benefits to consumers from the establishment or relocation of the dealership, which benefits may not be obtained by other geographic or demographic changes or other expected changes within a ten-mile radius of the protesting dealership;
(8) if the protesting dealership is in substantial compliance with its franchise agreement;
(9) if there is adequate interbrand and intrabrand competition with respect to the line-make motor vehicles, including the adequacy of sales and service facilities;
(10) if the establishment or relocation of the proposed dealership appears to be warranted and justified based on economic and market conditions pertinent to dealerships competing within a ten-mile radius of the protesting dealership, including anticipated changes; and
(11) the volume of registrations and service business transacted by the protesting dealership.
(C) This section does not apply to the:
(1) addition of a new dealership at a location that is within a three-mile radius of a former dealership of the same line make and that has been closed for less than two years;
(2) relocation of an existing dealership to a new location that is further away from the protesting dealer's location than the relocated dealer's previous location; or
(3) relocation of an existing dealership to a new location that is within a three-mile radius of the dealership's current location, when it has been at the current location at least ten years."
SECTION 3. Section 56-15-60 of the 1976 Code is amended to read:
"Section 56-15-60. (A) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall must properly fulfill properly any a warranty agreement and compensate adequately and fairly compensate each of its motor vehicle dealers for labor and parts. All claims made by motor vehicle dealers hereunder pursuant to this section and under Section 56-15-50 for such labor and parts shall must be paid within thirty days following their approval. All such claims shall must be either approved or disapproved within thirty days after their receipt, and when any such claim is disapproved. the The motor vehicle dealer who submits a disapproved claim it shall must be notified in writing of its disapproval within such that period, and each such the notice shall must state the specific grounds upon which the disapproval is based. Any special handling of claims required by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and but not uniformly required of all dealers of that make, may be enforced only after thirty days' notice in writing and upon of good and sufficient reason.
(B) An audit for sales incentives, service incentives, rebates, or other forms of incentive compensation may include only the twelve-month period immediately following the date of the termination of the incentive compensation program. This limitation is not effective in the case of fraudulent claims.
(C) It is unlawful to deny, delay payment for, or restrict a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, or other amounts owed to the dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim which affects its validity."
SECTION 4. Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-85. This chapter does not prohibit a dealership located in this State from contracting with an on-line electronic service to provide motor vehicles to consumers in this State."
SECTION 5. Chapter 15, Title 56 of the 1976 Code is amended by adding:
"Section 56-15-140. In an action brought pursuant to this article, venue is in the State of South Carolina. A provision of a franchise or other agreement with contrary provisions is void and unenforceable."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
At 1:17 P.M., Senator BRYAN assumed the Chair.
Senator LAND continued explaining the amendment.
On motion of Senator LAND, debate was adjourned on the Bill.
Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2000, and to expire June 30, 2003:
Horry County Council:
Martina "Marty" Hardwick, 714 Cedar Drive North, Surfside Beach, S.C. 29575
Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence July 1, 2000, and to expire June 30, 2003:
Horry County Council:
James R. Madory, 3710 Kinloch Drive, Myrtle Beach, S.C. 29577
Having received a favorable report from the Greenwood County Delegation, the following appointments were confirmed in open session:
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Joseph T. Ligon, 4122 McCormick Highway, Bradley, S.C. 29819
Initial Appointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Sandra M. Moody, 149 Belle Rive Drive, Ninety Six, S.C. 29666
Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2002:
Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649
At 1:18 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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