Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Dearly beloved, as time is running down, hear words from the Book of Ecclesiastes, Chapter 11, (5-6):
"Just as you do not know how the breath comes to the bones in the mother's womb, so you do not know the work of God, who makes everything.
In the morning sow your seed, and at evening do not let your hands be idle; for you do not know which will prosper, this or that, or whether both alike will be good."
Let us pray.
Our Father, we faced this session of our legislature with considerable trepidation. You gave us courage and made us teachable. We tried to help each other. Thank You for some progress!
We have about written the record of our labors for this year, but no man dare judge soon the quality of our stewardship.
But Your Sovereign Majesty, and history alone, will assess our efforts!
As Jesus added His blessings to the lad's few loaves and fishes, so bless our humble efforts that the corporate body of our State may be sustained, as we seek to tie up the loose ends of the session.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:05 A.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer
Branton Bryan Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Richardson Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The Honorable Frank B. Caggiano
Clerk of the Senate
P. O. Box 142
Columbia, SC 29202
Re: Roger Dean Finch
State Human Affairs Commission
Dear Mr. Caggiano:
At the request of Roger Dean Finch, please accept this letter as formal notice that the above listed appointment is hereby withdrawn. I will forward the name of a new appointment as soon as possible. If you have any questions, please feel free to contact my office at 734-9405.
Sincerely,
James H. Hodges
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
4th Congressional District:
Roger Dean Finch, 1186 Holiday Dam Road, Greenville, S.C. 29654 VICE Harris G. Andrews
On motion of Senator DRUMMOND, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina Commission on Consumer Affairs, with term to commence August 30, 1997, and to expire August 30, 2001:
At-Large:
Samuel Elliott White, 2411 Whites Road, Fort Mill, S.C. 29715 VICE Lehman A. Moseley, Jr.
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 2000, and to expire June 30, 2004:
5th Congressional District:
Elizabeth G. Rivers, 110 Chester Park Dr., Chesterfield, S.C. 29709 VICE Judy M. Hamrick
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007:
4th Congressional District:
Merle F. Code, 100 Reardon Drive, Greenville, S.C. 29615 VICE Johnnie Walters
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
4th Congressional District:
George A. Ashford, 111 Windy Rush Road, Spartanburg, S.C. 29301 VICE Michael R. Watkins
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
3rd Congressional District:
Carl E. Anderson, 1313 Cherry Street Ext., Pendleton, S.C. 29670 VICE Janice C. McCord
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 1998, and to expire June 30, 2001:
6th Congressional District:
Gloria James, 138 Bellwood Court, Holly Hill, S.C. 29059 VICE Jerome Heyward (resigned)
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2000, and to expire June 30, 2003:
5th Congressional District:
John P. Gettys, Jr., 1325 Winthrop Ave., Rock Hill, S.C. 29732 VICE Gloria B. Rosemond
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1998, and to expire June 9, 2001:
Community Care Facility Administrators-10 beds:
Joann James, 10508 Garners Ferry Road, Eastover, S.C. 29044 VICE Catherine H. Beard
Referred to the Committee on Medical Affairs.
Initial Appointment, Florence County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Roger Neron Langley, 461 South Railroad Avenue, Johnsonville, S.C. 29555 VICE Roy C. Roberts
Initial Appointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Alston Hubert Odom, Jr., 1106 Lamar Road, Darlington, S.C. 29532 VICE Francis L. Mozingo, Sr.
Senator SALEEBY introduced Dr. Susan Reynolds of Hartsville, S.C., Doctor of the Day.
At 4:30 P.M., Senator COURSON requested a leave of absence until 6:00 P.M.
On motion of Senator BRYAN, at 4:25 P.M., Senator FAIR was granted a leave of absence until 11:00 A.M. tomorrow.
At 4:45 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 5:15 P.M.
There was no objection and a message was sent to the House accordingly.
H. 4434 (Word version) -- Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
Senator HOLLAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.
There was no objection.
The Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
Senator BRYAN asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.
There was no objection.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator BRYAN, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 5106 (Word version) -- Reps. Harrison, D. Smith, Knotts, Altman, Campsen, Cotty, Delleney, Easterday, Fleming, Govan, Harris, Hawkins, Jennings, Klauber, Lucas, Maddox, McGee, W. McLeod, Scott, Seithel, Simrill, F. Smith, J. Smith, Taylor and Whipper: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF JULY 23-29, 2000, AS "SOUTH CAROLINA PROBATION AND PAROLE OFFICERS WEEK", TO RECOGNIZE THE MANY CONTRIBUTIONS MADE BY PROBATION AND PAROLE OFFICERS TO INSURE THE SAFETY OF THE CITIZENS OF THE STATE AND TO INCREASE THE PUBLIC'S AWARENESS THAT THE AGENTS AND OFFICERS OF THIS DEPARTMENT ARE AN INTEGRAL PART OF THE OVERALL CRIMINAL JUSTICE SYSTEM IN THE STATE.
Senator BRYAN asked unanimous consent to make a motion to recall the Resolution from the Committee on Corrections and Penology.
There was no objection.
Senator BRYAN asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.
Senator BRYAN asked unanimous consent to adopt the Concurrent Resolution and return it to the House.
There was no objection.
The Resolution was adopted and ordered returned to the House.
H. 3398 (Word version) -- Reps. Robinson, Kelley, Simrill, H. Brown, Sandifer, Fleming, Easterday, McKay, Rice, Leach, D. Smith, Hamilton, Klauber, Trotter, Haskins, Harrison, Vaughn and Barrett: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AWARDING OF ATTORNEY'S FEES IN STATE INITIATED ACTIONS, SO AS TO
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.
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 COURSON asked unanimous consent to make a motion to recall the Bill from the Committee on Invitations.
There was no objection.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator COURSON asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar.
H. 5103 (Word version) -- Reps. Bailey, Chellis, Cobb-Hunter, Young-Brickell, Harrell, Dantzler, Rhoad and Whatley: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 15 OVER THE EDISTO RIVER AT THE COLLETON-DORCHESTER COUNTY LINE THE "GRADY C. MURRAY BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Senator LAND asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted.
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.
The House returned the Bill with amendments.
Senator McCONNELL proposed the following Amendment No. 1 (705R007.GFM), which was adopted:
Amend the House amendment, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-36. No assessment for the Improvement District improvements may be made on residential property for additional police, fire, and garbage services therein which are part of the plan. Provided further, no assessment may be assessed against real property
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 2 (705R005.GFM), which was withdrawn:
Amend the bill, as and if amended, page 2, by adding after line 37 a new SECTION to read:
/ SECTION ____. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-285. Manufactured homes in this State are subject to local government zoning authority pursuant to the Local Government Comprehensive Planning Enabling Act of 1994, Sections 6-29-10 et seq., Code of Laws of South Carolina, and are to be regulated as other single-family residential structures." /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator MOORE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LEVENTIS continued arguing contra to the adoption of the amendment.
Senator McCONNELL argued in favor of the adoption of the amendment.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 2 was withdrawn.
Senators WILSON and SETZLER proposed the following Amendment No. 3A (JR5027006), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ "SECTION ____. The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S-103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. However, truck traffic to or from mineral mines, mineral pits, or mineral processing facilities located within the corporate limits or proximity of the towns of Pine Ridge or South Congaree shall not be prohibited along Pine Ridge Drive or Fish Hatchery Road." /
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
Senator WILSON moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 4 (705R006.JWM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. Section 44-56-170(F) of the 1976 Code is amended by amending the last two sentences to read as follows:
"For the purpose of this subsection `infrastructure' means the purchase of land for economic development, the purchase of a building for economic development, or improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1 i) improvements to both public water and sewer systems;
(2 ii) improvements to public electric, natural gas, and telecommunication systems; and
(3 iii) fixed transportation facilities including highway, road, rail, water, and air." /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
The Bill was returned to the House with amendments.
The following were introduced:
S. 1418 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515, SO AS TO PROVIDE A MAXIMUM FIVE PERCENT STATE INCOME TAX RATE ON SOUTH CAROLINA TAXABLE INCOME RECEIVED BY A TAXPAYER IN THE TAXPAYER'S CAPACITY AS A SOLE PROPRIETOR OF A BUSINESS, A SHAREHOLDER OF A SUBCHAPTER "S" CORPORATION, PARTNER IN A PARTNERSHIP, OR MEMBER OF A LIMITED LIABILITY COMPANY.
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Read the first time and referred to the Committee on Finance.
S. 1419 (Word version) -- Senators Alexander and J. Verne Smith: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE BELIEF OF THE GENERAL ASSEMBLY THAT THE USE OF PRAYER IN PUBLIC EDUCATIONAL SETTINGS AND AT SCHOOL-RELATED EVENTS IS AN APPROPRIATE ACTION THAT SHOULD BE PROMOTED AND ENCOURAGED WHEN SUCH PRAYER COMPLIES WITH CONSTITUTIONAL REQUIREMENTS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1420 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING SERGEANT MAJOR ROBERT E. HALL FOR HIS YEARS OF SERVICE IN THE UNITED STATES ARMY AND FOR ATTAINING THE RANK OF SERGEANT MAJOR OF THE ARMY,
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1421 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF JANIE S. ROTHELL IN HER THIRTY-THREE YEAR CAREER WITH THE OCONEE COUNTY OFFICE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT AND WISHING HER GOOD HEALTH AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1422 (Word version) -- Senators Wilson, Hayes, Branton, Leventis, Russell, Ravenel and Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE 14th AIR FORCE AND ITS IMMEDIATE PREDECESSORS, THE FAMED "FLYING TIGERS" OF THE AMERICAN VOLUNTEER GROUP AND THE CHINA AIR TASK FORCE, WHO SERVED SO VALIANTLY IN THE CHINA, BURMA, INDIA THEATER, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE PILOTS, AIRMEN, AND SUPPORT PERSONNEL WHO WERE WOUNDED OR LOST THEIR LIVES AS THE RESULT OF ENEMY ACTION OR DISEASE DURING THE CRITICAL DAYS OF WORLD WAR II IN SOUTHEAST ASIA, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE 14th AIR FORCE AND ITS IMMEDIATE PREDECESSORS ON THE OCCASION OF THE 14th AIR FORCE ASSOCIATION'S MEETING, OCTOBER 11th-14th, 2000, IN CHARLESTON, SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1423 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF
The Senate Resolution was adopted.
S. 1424 (Word version) -- Senators Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Richardson, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION THANKING THE HONORABLE JOHN R. RUSSELL OF SPARTANBURG COUNTY, OUR FRIEND AND ESTEEMED COLLEAGUE, FOR HIS DEDICATED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND THE SOUTH CAROLINA SENATE, AND WISHING HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1425 (Word version) -- Senators Jackson, Matthews, Patterson, Ford, Glover, Anderson, Alexander, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Giese, Gregory, Grooms, Hayes, Holland, Hutto, Land, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR MCKINLEY WASHINGTON, JR. ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO ALLENDALE, BEAUFORT, CHARLESTON, COLLETON, HAMPTON, AND JASPER COUNTIES AND THE STATE OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 5150 (Word version) -- Reps. W. McLeod, Wilder and Stille: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION AND EXTENDING BEST WISHES TO DR. THOMAS M. FAULKENBERRY, SUPERINTENDENT OF THE SCHOOL DISTRICT OF
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5152 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM T. (TOMMY) GIBBS III OF AIKEN COUNTY ON THE OCCASION OF BEING RECOGNIZED AND PRESENTED THE "YOUNG AMERICAN MEDAL FOR BRAVERY" AWARD BY THE UNITED STATES JUSTICE DEPARTMENT IN WASHINGTON, D.C. ON APRIL 27, 2000, FOR HIS HEROIC RESCUE FIFTY-TWO YEARS AGO.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5153 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. GWENDOLYN WASHINGTON-RICHARDSON
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the General Committee polled out H. 5096 favorable:
H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
AYES
Wilson Holland Moore Thomas O'Dell Washington Russell Martin Mescher Short Alexander Fair Gregory Bauer Rankin Ryberg Richardson
Ordered for consideration tomorrow.
Columbia, S.C., May 30, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
Received as information.
Columbia, S.C., May 30, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued the veto by the Governor on H. 3699, R310 by a vote of:
(R310, H3699 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES, TO INCREASE THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS OR WHO ARE BLIND OR PERMANENTLY AND TOTALLY DISABLED, FROM TWENTY THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF THE HOMESTEAD, AND PROVIDE THE SOURCE OF THE FUNDS TO REIMBURSE LOCAL PROPERTY TAXING ENTITIES FOR THE REVENUES NOT COLLECTED BECAUSE OF THE INCREASED EXEMPTION, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-640, SO AS TO PROVIDE THE PURPOSE OF MONIES GRANTED TO THE COMMISSIONERS OF PILOTAGE AND PROVIDE THAT THESE GRANT FUNDS ARE NOT SUBJECT TO STATE INCOME TAX; BY ADDING CHAPTER 130 IN TITLE 44, RELATING TO HEALTH, ENACTING THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG ACT, SO AS TO
Veto #1 ayes 58
nays 52
Veto #2 ayes 55
nays 48
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
Received as information.
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE
On motion of Senator HUTTO, the Senate insisted upon its amendments to H. 4277 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators WASHINGTON, HUTTO and GLOVER to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE THAT A FIRE DEPARTMENT MAY COMPLY WITH THE REGISTRATION REQUIREMENTS IF ANNUALLY THE LOCAL GOVERNING BODY SINGLY REGISTERS AND PAYS A SINGLE ANNUAL FEE FOR MULTIPLE FIRE DEPARTMENTS WITHIN ITS JURISDICTION.
The House returned the Bill with amendments.
On motion of Senator ALEXANDER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
The House returned the Bill with amendments.
Senator PASSAILAIGUE proposed the following amendment (575R005.ELP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. A. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f) Except as specifically provided by law, all other personal property shall must be taxed on an assessment of ten and one-half percent of fair market value of such the property, except that commercial fishing boats, and commercial tugboats and pilot boats shall must be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean means boats used exclusively for commercial fishing, shrimping, or crabbing and (1) licensed by the Department of Natural Resources, or (2) on or from which is used commercial fishing equipment licensed by, the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing. As used in this item, 'commercial tugboats' shall mean boats used exclusively for harbor and ocean towing, documented with the U.S. Coast Guard, constructed of steel, and being at least seventy-nine feet in length and having a gross tonnage of at least ninety-nine tons. As used in this item, `pilot boats' shall mean boats used exclusively for pilotage and operated exclusively by state pilots who are licensed by the Commissioners of Pilotage pursuant to Chapter 15 of Title 54 and Chapter 136 of the Regulations issued pursuant thereto."
B. The change in this section to the definition of "commercial fishing boats" applies for property tax years beginning after 1999. The change in this section adding "commercial tugboats and pilot boats" to the five percent assessment ratio and the definition of "commercial tugboats and pilot boats" is effective for tax year commencing January 1, 1999.
/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 6 (BBM\9697MM00), which was adopted:
Amend the bill, as and if amended, by adding:
/ SECTION __. A.1. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3365. (A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier.
(B) To qualify for the moratorium pursuant to subsection (A), a taxpayer must create at least one hundred full-time new jobs at a facility in a county:
(1) with an average annual unemployment rate of at least twice the state average during the last two completed calendar years, based on the most recent unemployment rates available, or that is one of the three lowest per capita income counties, based on the average of the three most recent years of available average per capita income data; and
(2) in which at least ninety percent of the taxpayer's total investment in this State is located.
(C) The moratorium applies to that portion of the taxpayer's corporate income tax that represents the ratio of the company's new investment in the qualifying county to its total investment in this State.
(D) The department shall prescribe certification procedures to ensure that the taxpayer may claim the moratorium in future years even if a particular county is removed from the list of moratorium counties.
(E) If the taxpayer creates and maintains at least two hundred full-time new jobs within five years from the date the taxpayer creates the first full-time new job at the facility, the moratorium period is fifteen taxable years, beginning the first full taxable year after the taxpayer qualifies and ending either fifteen years from that year or the year when the taxpayer's number of full-time new jobs falls below two hundred, whichever is earlier.
(F) The taxpayer must create the one hundred full-time new jobs within five years from the date it creates the first full-time new job, except that the taxpayer must have hired its first full-time new
2. A taxpayer who earns credits allowed by Section 12-6-3360 of the 1976 Code and who also is eligible for the moratorium provided in Section 12-6-3365 of the 1976 Code, may claim the credits and may carry forward unused credits beginning after the moratorium period expires for the period allowed in Section 12-6-3360(H) of the 1976 Code."
3. Section 12-6-3360(M)(6) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(6) 'Processing facility' means an establishment engaged in services such as manufacturing-related, computer-related, communication-related, energy-related, or transportation-related services, but the term "processing facility" does not include an establishment where retail sales of tangible personal property or services are made to retail customers that prepares, treats, or converts tangible personal property into finished goods or another form of tangible personal property. The term also includes a business entity engaged in processing agricultural, aquacultural, or maricultural products. It does not include an establishment in which retail sales of tangible personal property are made to retail customers."
4. Section 12-10-80(C) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(C) In order To claim a job development credit, the qualifying business must incur expenditures at the above-described facility or for utility or transportation improvements that serve this serving the facility. To be qualified expenditures (a) the expenditures are incurred must be incurred (a) during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures must be by according to the revitalization agreement, and (c) the expenditures are for any of the following purposes:
(1) training costs and facilities;
(2) acquiring and improving real estate, whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4) fixed transportation facilities including highway, rail, water, and air;
(5) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;
(6) financing the costs of a purpose described in items (1) through (5);
(7) the amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360 as follows:
(a) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'under developed';
(c) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85."
5. Chapter 10, Title 12 of the 1976 Code is amended by adding:
"Section 12-10-82. At the time the qualifying business enters into a revitalization agreement, it may make, with the approval of council, an irrevocable assignment of future payments attributable to the job development credit made pursuant to this chapter to the designated trustee. For purposes of this chapter, 'designated trustee' means the single financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying business. If a qualifying business elects to assign payments to the designated trustee, the election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee."
B.1. Section 12-10-20(1) of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"(1) that the economic well-being of the citizens of the State will be is enhanced by the increased development and growth of industry within the State, and that it is in the best interest interests of the State to induce the location or expansion of manufacturing, processing, services, distribution, warehousing, research and development, corporate offices, and certain tourism facilities projects within the State in order to promote the public purpose of creating new jobs within the State;"
2. Section 12-10-30 of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:
"Section 12-10-30. As used in this chapter:
(1) 'Council' means the Advisory Coordinating Council for Economic Development.
(2) 'Department' means the South Carolina Department of Revenue.
(3) 'Employee' means an employee of the qualifying business who works full time within the enterprise zone at the project.
(4) 'Manufacturing' means engagement primarily in an activity or activities listed under the Standard Industrial Classification (SIC) Codes 20 through 39 as published in the Office of Management and Budget's Standard Industrial Classification Manual. 'Job development credit' means the amount a qualifying business may claim as a credit against employee withholding pursuant to Sections 12-10-80 and 12-10-81 and a revitalization agreement.
(5) 'New job' means a job created or reinstated as defined in Section 12-6-3360(M)(3).
(6) 'Qualifying business' means an employer a business that meets the requirements of Section 12-10-50 and other applicable requirements of this chapter and, where required under pursuant to Section 12-10-50, enters into a revitalization agreement with the council to undertake a project under pursuant to the provisions of this chapter.
(7) 'Project' means an investment for one or more purposes in Section 12-10-80(B) pursuant to this chapter needed for a qualifying business to locate, remain, or expand in an enterprise zone this State and otherwise fulfill the requirements of this chapter.
(8) Reserved. 'Preliminary revitalization agreement' means the application by the qualifying business for benefits pursuant to Section 12-10-80 if the council approves the application and agrees in writing at the time of approval to allow the approved application to serve as the
(9) 'Revitalization agreement' means an executed agreement entered into between the council and a qualifying business that describes the project and the negotiated terms and conditions for a business to qualify for a job development credit pursuant to Section 12-10-80 or 12-10-81.
(10) 'Qualifying expenditures' means those expenditures that meet the requirements of Section 12-10-80(C) or 12-10-81(D).
(9)(11) 'Withholding' means employee withholding under pursuant to Chapter 9 8 of this title.
(12) 'Gross wages' means wages subject to withholding."
3. Section 12-10-50 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"Section 12-10-50. To qualify for the benefits provided in this chapter, a business must be located within this State and satisfy the following criteria must:
(1) it must be engaged primarily engaged in a business of the type identified in Section 12-6-3360;
(2) the business shall provide a benefits package, including health care, to full-time employees which includes health care at the project;
(3) the business shall enter into a revitalization agreement which that is approved by the council and that describes a minimum job requirement and minimum capital investment requirement for the project as provided in Section 12-10-90, except that no a revitalization agreement is not required for a qualifying business with respect to Section 12-10-80(D)(E); and,
(4) the council shall determine that the have negotiated incentives that council has determined are appropriate for the project, and the council shall certify that:
(a) the total benefits of the project exceed the costs to the public; and that
(b) the business otherwise fulfills the requirements of this chapter. No provision of this chapter must be construed to allow the council to negotiate a fee-in-lieu of property taxes agreement or approve job training or retraining."
4. Section 12-10-60 of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"Section 12-10-60. (A) The council may enter into a revitalization agreement with each qualifying business with respect to the project. The terms and provisions of each revitalization agreement must be
(B) If a qualifying business that entered into a revitalization agreement before January 1, 1997, receives council approval to amend its revitalization agreement to increase its minimum job requirement, the law in effect on the date of the amendment determines the amount of job development credit a qualifying business may claim pursuant to Section 12-10-80 for additional jobs created after the date of the amendment. This subsection does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this Act."
5. Section 12-10-80 of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"Section 12-10-80. (A) A business that qualifies under pursuant to Section 12-10-50 and which has met the minimum job requirement and minimum capital investment provided for in the final revitalization agreement may claim a job development credit credits as determined by this section.
(1) A business may claim its job development credit credits against its withholding on its quarterly state withholding tax return for the amount of job development credit credits allowable under pursuant to this section. The credit must be claimed on a quarterly basis. In order to claim a job development credit, the business must be current with respect to its withholding tax as well as any other tax due and owing the State, and must have maintained its minimum employment requirement for the entire quarter.
(2) A business that is current with respect to its withholding tax and other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the first quarter after the council's certification to the
(3) A qualifying business may receive its initial job development credit only after the council has certified to the department that the qualifying business has met the required minimum employment and capital investment levels.
(4) To be eligible to apply to the council to claim a job development credit, a qualifying business shall create at least ten new, full-time jobs, as defined in Section 12-6-3360(M), at the South Carolina facility project described in the revitalization agreement within five years of the effective date of the agreement.
(5) A qualifying business is eligible to claim a job development credit under pursuant to the revitalization agreement for not more than fifteen years.
(6) To the extent any return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (C) or (D)(E), it must be treated as misappropriated employee withholding.
(7) Except as provided in subsection (E), job development credits may not be claimed for purposes of (B) and (C) this section with regard to any an employee whose job was created in this State before the taxable year of the qualifying business in which it enters into a preliminary revitalization agreement.
(8) If a qualifying business claims job development credits under pursuant to this section, it shall make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits under pursuant to this section shall file with the council and the department the information and documentation requested by the council or department respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests.
(9) Each qualifying business which claims claiming in excess of ten thousand dollars in any a calendar year shall must furnish an audited report prepared by an independent certified public accountant which that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the
(10) Each qualifying business claiming ten thousand dollars or less in any calendar year must furnish a report prepared by the company that itemizes the sources and uses of the funds. This report must be filed with the council and the department no later than June thirtieth following the calendar year in which the job development credits are claimed, except when a qualifying business obtains the written approval by the council for an extension of that date. Extensions may be granted only for good cause shown.
(11) No An employer may not claim an amount that results in any employee ever an employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would receive otherwise receive in the absence of this chapter.
(B)(1) The maximum job development credit a qualifying business may claim for new employees is determined by limited to the lesser of withholding tax paid to the State on a quarterly basis or the sum of the following amounts:
(1)(a) two percent of the gross wages of each new employee who earns 6.34 6.74 dollars or more an hour but less than 8.45 8.99 dollars an hour;
(2)(b) three percent of the gross wages of each new employee who earns 8.45 8.99 dollars or more an hour but less than 10.57 11.23 dollars an hour;
(3)(c) four percent of the gross wages of each new employee who earns 10.57 11.23 dollars or more an hour but less than 15.85 16.85 dollars an hour; and
(4)(d) five percent of the gross wages of each new employee who earns 15.85 16.85 dollars or more an hour.
(2) The hourly gross wage figures set forth in this section item (1) must be adjusted annually by an inflation factor determined by the State Budget and Control Board. The amount which that may be claimed by a qualifying business is limited by subsection (C)(6) (D)(1) and the revitalization agreement. The council may approve a waiver of ninety-five percent of the limits under pursuant to subsection (C)(6) (D)(1) for qualifying businesses making a significant capital investment as defined in Section 4-12-30(D)(4) or Section 4-29-67(D)(4). The maximum job development credit that can be claimed is limited to the lesser of withholding paid to the State on a quarterly basis or the amount allowed by this subsection.
(C) In order To claim a job development credit, the qualifying business must incur qualified expenditures at the above-described facility project or for utility or transportation improvements that serve this facility the project. To be qualified expenditures (a) the expenditures are must be:
(1) incurred during the term of the revitalization agreement or within sixty days before the execution of a revitalization agreement, including a preliminary revitalization agreement, (b) the expenditures must be;
(2) authorized by the revitalization agreement,; and (c) the expenditures are
(3) used for any of the following purposes:
(1)(a) training costs and facilities;
(2)(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3)(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunications;
(4)(d) fixed transportation facilities including highway, rail, water, and air;
(5)(e) construction or improvements of any real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations;.
(6)(D)(1) The amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:
(a) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'underdeveloped';
(c) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
(2) The county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the council remains in effect for the entire period of the revitalization agreement, except as to additional jobs created pursuant to an amendment to a revitalization agreement entered into before June 1, 1997, as provided in Section 12-10-60. In that case the county designation on the date of the amendment remains in effect for the remaining period of the revitalization agreement as to any additional jobs created after the effective date of the amendment. This item does not apply to a business whose application for job development fees or credits pursuant to Section 12-10-81 has been approved by council before the effective date of this Act.
(3) The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(D)(E) Subject to the conditions in this section, any a qualifying business in this State may negotiate with the council to claim a job development credit for retraining according to the procedure in subsection (A) in an amount equal to five hundred dollars a year for each production employee being retrained, where this retraining is necessary for the qualifying business to remain competitive or to introduce new technologies. This retraining must be approved by and performed by the appropriate technical college under the jurisdiction of the State Board for Technical and Comprehensive Education serving the designated enterprise zone. The technical college may provide the retraining program delivery directly or contract with other training entities to accomplish the required training outcomes. In addition to the yearly limits, the amount claimed as a job development credit for retraining may not exceed two thousand dollars over five years for each production employee being retrained. Additionally, the qualifying business must match on a dollar-for-dollar basis the amount claimed as a job development credit for retraining. The total amount claimed as job development credits for retraining and all of the qualifying business' matching funds of the qualifying business must be paid to the technical college that provides the training to defray the cost of the training program. Any training cost in excess of the job development credits for retraining and matching funds is the responsibility of the qualifying business based on negotiations with the technical college.
(E)(F) Any job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately shall must cease to claim job development credits.
(G) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year period described in item (4) of subsection (A) with respect to state withholding taxes pursuant to this section for a business subject to this section.
(F)(H) For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State.
(G)(I) Job development credits may not be claimed by a governmental employer who employs persons at a closed or realigned military installation as defined in Section 12-10-88(E)."
6. Section 12-10-81 of the 1976 Code, as added by Act 93 of 1999, is amended to read:
"Section 12-10-81. (A) A business may claim a job development credit as determined by this section if the:
(1) council approves the use of this section for the business;
(2) business qualifies pursuant to Section 12-10-50; and
(3) business is a tire manufacturer which that has more than four hundred twenty-five million dollars in capital invested in this State and employs more than one thousand employees in this State and which that commits within a period of five years from the date of a revitalization agreement, to invest an additional three hundred fifty million dollars and create an additional three hundred fifty jobs in this State qualifying for job development fees or credits pursuant to current or future revitalization agreements. The council, in its discretion, may extend the five-year period for two additional years if the business has made a commitment to the additional three hundred fifty million dollars and makes substantial progress toward satisfying the goal before the end of the initial five-year period. A business that represents to the council its intent to qualify pursuant to this section and is approved by the council may put job development fees computed pursuant to this section into an escrow account until the date the business satisfies the capital and job requirements of this section.
(B)(1) A business qualifying pursuant to this section may claim its job development credit against its withholding on its quarterly state withholding tax return for the amount of job development credit allowable pursuant to this section for not more than fifteen years. Job development credits allowed under pursuant to subsection (C)(1)(a) through (d) of this section apply only to withholding on jobs created
(2) A business that is current with respect to its withholding tax as well as any other tax due and owing the State and that has maintained its minimum employment and investment levels identified in the revitalization agreement may claim the credit on a quarterly basis beginning with the quarter subsequent to the council's certification to the department that the minimum employment and capital investment levels have been met for the entire quarter.
(3) To be eligible to apply to the council to claim a job development credit pursuant to this section, a qualifying business must create at least ten new, full-time jobs as defined in Section 12-6-3360(M) at the South Carolina facility or facilities project or projects described in the revitalization agreement.
(3)(4) To the extent a return of an overpayment of withholding that results from claiming job development credits is not used as permitted by subsection (D), it must be treated as misappropriated employee withholding.
(5) Job development credits may not be claimed for purposes of this section with regard to an employee whose job was created in this State before the taxable year the qualifying business enters into a preliminary revitalization agreement.
(4)(6) If a qualifying business claims job development credits pursuant to this section, it must make its payroll books and records available for inspection by the council and the department at the times the council and the department request. Each qualifying business claiming job development credits pursuant to this section must file with the council and the department the information and documentation they request respecting employee withholding, the job development credit, and the use of any overpayment of withholding resulting from the claiming of a job development credit according to the revitalization agreement that the council or department requests.
(7) Each qualifying business must furnish an audited report prepared by an independent certified public accountant which that itemizes the sources and uses of the funds. The audited report must be filed with the council and the department no later than June thirtieth following the
(8) An employer may not claim an amount that results in an employee employee's receiving a smaller amount of wages on either a weekly or on an annual basis than the employee would otherwise receive in the absence of this chapter.
(C)(1) The maximum job development credit a qualifying business may claim for new employees is determined by the sum of the following amounts:
(a) two percent of the gross wages of each new employee who earns $6.34 $6.74 or more an hour but less than $8.45 $8.99 an hour;
(b) three percent of the gross wages of each new employee who earns $8.45 $8.99 or more an hour but less than $10.57 $11.23 an hour;
(c) four percent of the gross wages of each new employee who earns $10.57 $11.23 or more an hour but less than $15.85 $16.85 an hour;
(d) five percent of the gross wages of each new employee who earns $15.85 $16.85 or more an hour; and
(e) the increase in the state sales and use tax of the business from the year of the effective date of its revitalization agreement pursuant to this section and subsequent years, over its state sales and use tax for the first of the three years preceding the effective date of this revitalization agreement.
(2) The hourly gross base wages in item (1) must be adjusted annually by the inflation factor determined by the State Budget and Control Board for the purposes of Section 12-10-80(3). The amount which that may be claimed by a qualifying business is limited by subsection (E) and the negotiated terms of the revitalization agreement. The business may proceed by using either the job development fee escrow procedure available pursuant to revitalization agreements with effective dates before 1997, or the job development credit, or a combination of the two. For a business qualifying pursuant to this section, the council also may approve or waive sections of a revitalization agreement and the council's rules as needed, in the council's discretion, to assist the business.
(D) To claim a job development credit, the qualifying business must incur expenditures at the facility project or for utility or transportation
(1) incurred during the term of the revitalization agreement, including a preliminary revitalization agreement, or within sixty days before the execution of a revitalization agreement including a preliminary revitalization agreement council's receipt of an application for benefits pursuant to this section;
(2) authorized by the revitalization agreement,; and
(3) used to reimburse the business for:
(1)(a) training costs and facilities;
(2)(b) acquiring and improving real estate whether constructed or acquired by purchase, or in cases approved by the council, acquired by lease or otherwise;
(3)(c) improvements to both public and private utility systems including water, sewer, electricity, natural gas, and telecommunication;
(4)(d) fixed transportation facilities including highway, rail, water, and air; or
(5)(e) construction or improvements of real property and fixtures constructed or improved primarily for the purpose of complying with local, state, or federal environmental laws or regulations.
(E)(1) For purposes of subsection (C)(1)(a) through (d), the amount of job development credits a qualifying business may claim for its use for qualifying expenditures is limited according to the designation of the county as defined in Section 12-6-3360(B) as follows:
(a) one hundred percent of the maximum job development credits may be claimed by businesses located in counties designated as 'least developed';
(b) eighty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'underdeveloped';
(c) seventy percent of the maximum job development credits may be claimed by businesses located in counties designated as 'moderately developed'; or
(d) fifty-five percent of the maximum job development credits may be claimed by businesses located in counties designated as 'developed'.
(2) For purposes of this subsection, the county designation of the county in which the project is located at the time the qualifying business enters into a preliminary revitalization agreement with the
(3) The council shall certify to the department the maximum job development credit for each qualifying business. After receiving certification, the department shall remit an amount equal to the difference between the maximum job development credit and the job development credit actually claimed to the State Rural Infrastructure Fund as defined and provided in Section 12-10-85.
(F) A job development credit of a qualifying business permanently lapses upon expiration or termination of the revitalization agreement. If an employee is terminated, the qualifying business immediately must cease to claim job development credits.
(F)(G) The statute of limitations provided by Section 12-54-85 is suspended until the end of the five-year or seven-year period described in item (3) of subsection (A) with respect to state withholding taxes under pursuant to this section for a business subject to this section.
(H) For purposes of the job development credit allowed by this section, an employee is a person whose job was created in this State."
7. Section 12-10-100(C) of the 1976 Code, as added by Act 25 of 1995, is amended to read:
"(C) By March first May fifteenth of each year, the council shall prepare a public document that itemizes each revitalization agreement concluded during the prior previous calendar year. The report shall must list each revitalization agreement, the results of each cost/benefits analysis, and receipts and expenditures of application fees. This document must be forwarded to the State Budget and Control Board, Senate Finance Committee, and House Ways and Means Committee. This document may not contain any proprietary or confidential information that is otherwise exempt under pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and nothing in this section must not be construed to require the release of such that exempt information."
8. Section 12-36-2120(17) of the 1976 Code, as last amended by Act 346 of 1996, is further amended to read:
"(17) machines used in manufacturing, processing, recycling, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which (a) are necessary to the operation of the machines and are customarily so used, or (b) are necessary to comply
Fiscal Year of Sale Percentage
Fiscal year 1997-98 fifty percent
After June 30, 1998 one hundred percent;"
C.1. Section 12-36-2120(51) of the 1976 Code, as last amended by Act 151 of 1997, is further amended to read:
"(51) material handling systems and material handling equipment including, but not limited to, racks, whether or not the racks are used in the operation of a distribution facility or a manufacturing facility and either used or not used to support a facility structure or part thereof, used in the operation of a distribution facility or a manufacturing facility of it. In order To qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least thirty-five million dollars in any real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the thirty-five million dollar investment requirement or, after the expiration of the five years, that it has not met the thirty-five million dollar investment requirement. The department may assess any tax due on material handling systems and material handling equipment purchased tax-free pursuant to this item but due the State as a result of the taxpayer's failure to meet the thirty-five million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the thirty-five million dollar investment requirement."
2. Section 12-36-2680 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder, or the retailer may keep on file a copy of the certificate on file. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, and state that the items are to be used for exempt purposes. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser purchaser's."
D.1. Section 12-2-75 of the 1976 Code, as last amended by Act 114 of 1997, is further amended to read:
"Section 12-2-75. (A) Returns filed by taxpayers with the department must be signed by the following:
(1) corporate returns by an authorized officer of the corporation;
(2) partnership returns by a its manager or an authorized general partner of the partnership;
(3) trust and estate returns by the trustee, personal representative, executor, or administrator, whichever is applicable;
(4)(a) except as provided in subsections subitems (b) and (c), individual returns must be signed by the individual;
(b) deceased individual returns for individuals who would have been required to file a state tax return while living by the personal representative, administrator, or executor of the decedent's estate and the tax must be levied upon and collected from the estate;
(c) if an individual is unable to make a return or payment, including an estimated tax payment, it must be made by an authorized agent, a guardian, or other person charged with the conduct of the business of the taxpayer;
(5) returns for any other person by an authorized officer or owner.
(B) In the instructions to a return, or otherwise, the department may authorize taxpayers to sign returns by other means, including electronically, and may authorize the signature to be filed or deposited with and be kept or forwarded by a third party."
2. Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-780. The department may accept, on terms and conditions it establishes, payments to it by credit cards. This authority includes a determination not to accept credit card payments or to accept credit card payments only for certain classes of payments as specified
3. Section 12-6-4910(1)(a) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(a) an individual not listed in subitem (c) whose federal filing status is single, surviving spouse, or head of household who has a gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1)(A), without regard to a reduction for the retirement income deduction, and whose filing status is:
(i) single, surviving spouse, or head of household; or
(ii) married, filing separately, and whose spouse does not itemize deductions."
4. Section 12-8-550 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-8-550. (A) A person hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within this State shall withhold two percent of each payment in which the South Carolina portion of the contract exceeds or could reasonably be expected to exceed ten thousand dollars. This item section does not apply to a nonresident which registered with the Secretary of State or the Department of Revenue and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability nor must this act of registering be construed to does it require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.
(B) The department may revoke the exemption granted by registering with the Secretary of State or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation.
(C) This section does not apply to payments on purchase orders for tangible personal property when those payments are not accompanied by services to be performed in this State."
5. Section 12-8-580(B)(2) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(2) A sale does not include tax exempt or tax deferred transactions, other than installment sales. The sale of a principal residence is considered a deferred transaction which is not subject to withholding if the following conditions are met:
(a) the seller reinvests the proceeds into a new principal residence pursuant to Internal Revenue Code Section 1034 or elects the one time exclusion pursuant to Internal Revenue Code Section 121; and
(b) the buyer obtains an affidavit described in subsection (E) which states that:
(i) the sale is not subject to tax because Internal Revenue Code Section 1034 or 121 applies;
(ii) the seller acknowledges his obligation to file a South Carolina income tax return for the year of the sale; and
(iii) the seller acknowledges his obligation to file an amended South Carolina income tax return for the year of the sale if the seller fails to comply with Internal Revenue Code Section 1034."
6. Section 12-10-35(A) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"(A) If a qualifying business creates at least one hundred new full-time jobs, as defined and determined in Section 12-6-3360, in a county (1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years based on the two most recent calendar years of data available on November 1 of the preceding year, or (2) which is one of the three lowest per capita income counties based on the average of the three most recent years of average per capita income data, and at least ninety percent of the investment of the qualifying business in this State is in that county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the
E. Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-5095. For purposes of a return filed pursuant to this chapter, all amounts may be rounded by the department or the taxpayer to the nearest whole dollar. An amount of fifty cents or more may be rounded to the next dollar. An amount of less than fifty cents may be eliminated."
F. Section 12-36-550 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 12-36-550. The license provided for in this article:
(1) is valid so long as the person to whom it is issued continues in the same business, unless revoked by the commission department. It is presumed that a retailer is not continuing in the same business and must surrender the retail sales license if the retailer has no retail sales for twenty-four consecutive months. To allow the license to remain valid, the retailer may submit an affidavit to the department swearing that the business is continuing;
(2) must at all times be conspicuously displayed at the place for which it was issued;
(3) is not transferable or assignable."
G. Section 12-36-2670 of the 1976 Code, as added by Act 361 of 1992, is amended to read:
"Section 12-36-2670. The commissioners director or their designees his designee may administer an oath to a person or take the acknowledgement of a person with respect to a return or report required by this title or the regulations of the commission department."
H. Section 12-36-2120(40), (41), and (42) of the 1976 Code are amended to read:
"(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;
(41) items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.;"
I. Section 12-44-160 of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"Section 12-44-160. This chapter must be construed liberally in accordance with the findings in Section 12-44-20 with due regard to the paramount importance of the county council approvals required throughout this chapter. If the General Assembly adopts enabling legislation, property that would be exempt under this chapter but is held not to be exempt because of the unconstitutionality or illegality of this chapter, or any portion of it, is exempt from property tax under Section 4-29-67 or Chapter 12 of this title if the project and county approval would have met the requirements for exemption under them, except that fees in lieu of taxes must have been, and must continue to be, made in the amounts required by Section 4-29-67 or Chapter 12 of this title. If all or part of this chapter is determined to be unconstitutional or otherwise illegal by a court of competent jurisdiction, a sponsor has one hundred eighty days from the date of the determination to transfer title to economic development property to the county and have it qualify for a fee in lieu of taxes pursuant to Chapter 12 of Title 4 or Section 4-29-67."
J.1. Section 12-54-25(C) of the 1976 Code, as last amended by Act 432 of 1998, is further amended to read:
"(C)(1) Any tax refunded or credited must include interest on the amount of the credit or refund from the later latest of either the date the tax was paid, or the original due date of the return, or the last day prescribed for paying the tax if no return is required, to either the date the refund was sent or delivered to the taxpayer or the date the credit was made.
(2) This interest must be paid by drawing upon funds from the type of tax being refunded or credited. The funds withdrawn may be expended by the department in the payment of interest on refunds.
(3) Interest on an overpayment is not allowed pursuant to this subsection on an overpayment if it is refunded:
(a) within seventy-five days after the last day prescribed for filing the tax return, without regard to an extension of time for filing, or within seventy-five days after the last day prescribed for paying the tax if no return is required;
(b) within seventy-five days after the return is filed, in the case of a return filed after the last date; or
(c) within seventy-five days after the taxpayer files a claim for a credit or refund for the overpayment of tax for the period between the filing of the claim to the payment of the refund."
2. Section 12-54-43(C) of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"(C)(1) In the case of failure to file a return on or before the date prescribed by law, determined with regard to any extension of time for filing, there must be added to the amount required to be shown as tax on the return, a penalty of five percent of the amount of the tax if the failure is for not more than one month, with an additional five percent for each additional month or fraction of the month during which the failure continues, not exceeding twenty-five percent in the aggregate.
(2) In case of a failure to file a return of tax within sixty days of the date prescribed for filing the return, determined with regard to any extension of time for filing, the addition to tax must not be less than the lesser of one hundred dollars or one hundred percent of the amount required to be shown as tax on the return, except in those cases in which the tax owed is one hundred dollars or less.
(3) For the purpose of this subsection, the amount of tax required to be shown on the return must be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return."
3. Section 12-54-100 of the 1976 Code is amended to read:
"Section 12-54-100. (A) In the administration of a state tax law, the Commission or its director or his duly authorized agent, may for the purpose of ascertaining the correctness of any a return, or making a determination of the or fixing tax liability, or inspection of licenses, may examine the or investigate the place of business, tangible personal property, facilities, computers, computer programs, electronic data, books, invoices, papers, records, memoranda, vouchers, other documents, equipment, or licenses of the taxpayer or other person bearing upon the matters required to be included on any a return.
(B) The taxpayer or other person and his agents and employees shall exhibit to the director these places and items and facilitate the examination or investigation.
(C) A taxpayer, upon request, may delay the examination up to thirty days., except that the provisions of this section subsection do not apply if there is reasonable evidence that the taxpayer is about to destroy or remove the books, papers, records, or memoranda items from the State or otherwise make them unavailable for examination or inspection investigation.
(D) The director may employ proper and reasonable audit methods necessary to the examination or investigation, including the use of sampling."
K. Section 12-54-227(B) of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"(B)(1) Fees for services, reimbursements, or other remuneration to the collection agency must be based on the amount of tax, penalty, and interest actually collected. Each contract entered into between the commission department and the collection agency must provide for the payment of fees for these services, reimbursements, or other remuneration not in excess of fifty percent of the total amount of delinquent taxes, penalties, and interest actually collected.
(2) All funds collected, less the fees for collection services as provided in the contract, must be remitted to the commission department within forty-five days from the date of collection from a taxpayer. The department may refund the fees for collection services to the collection agency, if all funds collected are remitted gross of fees. Forms to be used for these remittances must be prescribed by the commission department."
L. Section 12-54-240(B) of the 1976 Code is amended by adding at the end:
"(21) disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;
(22) disclosure of information contained in a return filed pursuant to Article 17, Chapter 21, Title 12, for the purpose of complying with the Tourism Infrastructure Admissions Tax Act."
M.1. Section 12-60-3370 of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"Section 12-60-3370. Except as otherwise provided below, a taxpayer shall pay, or post a bond for, all taxes, including interest, penalties, and other amounts not including penalties or civil fines, determined to be due by the Administrative Law Judge or DMV hearing officer before appealing the decision to the circuit court. For property tax cases covered by Section 12-60-2140 or 12-60-2550, the taxpayer need pay only pay the amount assessed under pursuant to the appropriate section."
2. Section 12-60-20 of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"Section 12-60-20. It is the intent of the General Assembly to provide the people of this State with a straightforward procedure to determine any disputed revenue liability dispute with the Department of Revenue. The South Carolina Revenue Procedures Act must be interpreted and construed in accordance with, and in furtherance of, that intent."
3. Section 12-60-50(27) of the 1976 Code, as last amended by Act 465 of 1996, is further amended to read:
"(27) 'Tax' or 'taxes' means all taxes, licenses, permits, fees, or other amounts, including interest, and penalties regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department, including property subject to collection pursuant to Chapter 18 of Title 27."
N.1. Section 26-5-20 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:
"(5) facilitate and promote interstate and international use of electronic commerce and online government."
2. Article 3, Chapter 5 of Title 26 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:
"Section 26-5-370. Electronic signatures or records from other jurisdictions having commensurate requirements as provided for in this chapter and which also grant reciprocal recognition to electronic signatures or records from this State must be afforded the same status, effect, validity, and enforceability as those recognized under this chapter."
3. Chapter 5, Title 26 of the 1976 Code, as added by Act 374 of 1998, is amended by adding:
Applicability of Computer Crime Act
Section 26-5-710. The Computer Crime Act, as contained in Chapter 16 of Title 16, is expressly made applicable to and incorporated in Chapter 5 of Title 26."
O. Section 12-4-755 of the 1976 Code is repealed.
P.1. Section 12-28-1910(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(A) The department or its appointees including federal government employees or persons operating under contract with the State, upon presenting appropriate credentials, may conduct inspections and remove samples of fuel from a vehicle, tank, or another container to determine coloration of diesel fuel or to identify shipping paper violations at any place where taxable fuel is or may be produced, stored, or loaded into transport vehicles. Inspection must be performed in a reasonable manner consistent with the circumstances. However, prior notice is not required. Inspectors physically may inspect, examine, or otherwise search a tank, reservoir, or other container that can or may be used for the production, storage, or transportation of fuel. Inspection may be made of equipment used for, or in connection with, the production, storage, or transportation of fuel. Inspectors may demand to be produced for immediate inspection the shipping papers, documents, and records required to be kept by a person transporting fuel. These places may include, but are not limited to, a:
(1) terminal;
(2) fuel storage facility that is not a terminal;
(3) retail fuel facility;
(4) highway rest stops; or
(5) designated inspection site defined as any state highway or waterway inspection station, weigh station, agricultural inspection station, mobil mobile station, or other location designated by the department either fixed or mobile."
2. Chapter 28, Title 12 of the 1976 Code is amended by adding:
"Section 12-28-2940. Acquisitions by the Department of Transportation under the 'C' Fund program are exempt from the requirements of all appraisal provisions of Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-1-350, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920,
3. Chapters 27 and 29 of Title 12 of the 1976 Code are repealed.
Q.1. Section 12-37-220(B)(1) and (2) of the 1976 Code, as last amended by Act 107 of 1997, is further amended to read:
"(1)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by any a veteran who is one hundred percent permanently and totally disabled from a service-connected disability, if the veteran or qualifying surviving spouse files a certificate, signed by the county service officer, of the total and permanent disability with the State Department of Revenue. The exemption is allowed the surviving spouse of the veteran and also is also allowed to the surviving spouse of a serviceman or law enforcement officer as defined in Section 23-6-400(D)(1) killed in action in the line of duty who owned the lot and dwelling house in fee or for life, or jointly with his spouse, so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. A surviving spouse who disposes of the exempt dwelling and acquires another residence in this State for use as a dwelling house with a value no greater than one and one-half times the fair market value of the exempt dwelling may apply for and receive the exemption on the newly acquired dwelling, but no a subsequent dwelling of a surviving spouse is not eligible for exemption under pursuant to this item. The spouse shall inform the Department of Revenue of the change in address of the dwelling. The dwelling house is defined as a person's legal residence. To qualify for the exemption, the dwelling house must be the domicile of the person who qualifies for the exemption.
(b) When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the same amount and manner as dwellings are exempt pursuant to subitem (a).
(2)(a) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his a or her spouse, by a paraplegic or hemiplegic person, or in trust for his or her benefit, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of
(b) When a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemption provided in subitem (a) and the beneficiary uses the dwelling as his domicile, the dwelling is exempt from property taxation in the amount and manner as dwellings are exempt pursuant to subitem (a)."
2. Section 12-37-930(34) of the 1976 Code, as added by Act 93 of 1999, is amended to read:
"(34) Class 100 or better as defined in Federal Standard 209E Clean Room Modules and Associated Mechanical Systems, Process Piping, Wiring, Environmental Systems, and Water Purification Systems Use of Clean Rooms ............... 10%
Includes waffle flooring, wall and ceiling panels; foundation improvements that isolate the clean room to control vibrations; clean air handling and filtration systems; piping systems for fluids and gases used in the manufacturing process and that touch the product during the fabrication of semiconductors, flat panel displays, and liquid crystal displays; process equipment energy control systems; ultra pure water processing and wastewater recycling systems; and safety alarm and monitoring systems. A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment
3. Section 12-43-220(f) of the 1976 Code, as last amended by Act 528 of 1978, is further amended to read:
"(f) Except as specifically provided by law all other personal property shall must be taxed on an assessment of ten and one-half percent of fair market value of such the property, except that commercial fishing boats shall must be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean means boats licensed by, or using commercial fishing equipment licensed by, the Department of Natural Resources and which are used exclusively for commercial fishing, shrimping, or crabbing."
4. Sections 12-43-280 and 12-43-290 of the 1976 Code are repealed.
R.1. Section 4-12-30(B)(4)(b) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(b)(i) The members of the same controlled group of corporations can may qualify for the fee if the combined investment in the county by the members meets the minimum investment requirements each member invests the minimum level of investment as specified in subsection (B)(3). The county and the members who are part of the inducement agreement may agree that any investments by other members of the controlled group within the time periods provided in subsections (C)(1) and (C)(2) qualify for the payment whether or not the member was part of the inducement agreement. However, in order To qualify for the fee, the other members of the controlled group must be approved specifically approved by the county and must agree to be bound by agreements with the county relating to the fee, but except that the controlled group members need are not be bound by agreements, or portions of agreements, to the extent the agreements do not affect the county. Except as otherwise provided in subsection (B)(2), the investments under pursuant to this subsection (B)(4)(b) must be within the same county or industrial park. Any controlled group member which is claiming the fee shall invest at least five million dollars in the county or industrial park.
(ii) The department must be notified in writing of all members which have investments subject to the fee before or within ninety days after the end of the calendar year during which the project or phase of the project was first placed in service. The department may extend this period upon written request. Failure to meet this notice requirement does not adversely affect the fee adversely, but a penalty may be assessed by the department for late notification in the amount of ten
(iii) If at any time the controlled group, or any a former member which has left the controlled group, no longer has the minimum five million dollars of investment minimum level of investment as provided in subsection (B)(3), without regard to depreciation, that group or former member no longer holding the minimum amount of investment as provided in subsection (B)(3), without regard to depreciation, no longer qualifies for the fee.
(iv) For purposes of this section, 'controlled group' or 'controlled group of corporations' has the meaning provided under in Section 1563(a) of the Internal Revenue Code, as defined in Chapter 6 of Title 12 as of the date of the execution of the inducement agreement, without regard to amendments or replacements thereof, of it and without regard to subsections (a)(4) and (b) of Section 1563."
2. Section 4-12-30(O) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(O) Notwithstanding any other provision of this section, if at any time following the period provided in subsection (C)(2), the investment based on income tax basis without regard to depreciation falls below the five-million-dollar-minimum investment to which the fee relates minimum level of investment provided in subsection (B)(3) at any time following the period provided in subsection (C)(2), the fee provided in subsection (D)(2) is no longer available and the investor is required to must make the payments which are due under pursuant to Section 4-12-20 for the remainder of the lease period."
3. Section 12-44-130(A) of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"(A) To be eligible for the fee, a sponsor affiliate must invest five million dollars the minimum investment as defined in Section 12-44-30(14). The county and the members who are part of the fee agreement may agree that investments by other members of the controlled group within the investment period qualify for the payment regardless of whether the member was part of the fee agreement, except that the new sponsor affiliate must invest at least five million dollars the minimum investment in the project. To qualify for the exemption, the other members of the controlled group must be approved specifically by the county and must agree to be bound by agreements with the county relating to the exemption. These controlled group
S. Chapter 10 of Title 4 of the 1976 Code, is amended by adding:
"Section 4-10-67. Local option use tax collected by the department in conjunction with the filing of individual income tax returns must be deposited to a local option supplemental revenue fund and distributed in accordance with Section 4-10-60 to those counties generating less than their minimum distribution."
T.1. Section 12-37-2810 (A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"(A) 'Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle or bus for the transportation of property or persons in intrastate or interstate commerce except for scheduled intercity bus service and farm vehicles using FM tags as allowed by the Department of Motor Vehicles. A motor carrier is defined further as being a South Carolina-based International Registration Plan registrant or owning or leasing real property within this State used directly in the transportation of freight or persons."
2. Section 12-37-2840 of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"Section 12-37-2840. (A) Motor carriers must file an annual property tax return with the Department of Revenue no later than June 30 for the preceding calendar year and remit one-half of the tax due or the entire tax due as stated on the return. If the motor carrier fails to file its return, the department shall issue a proposed assessment which assumes all mileage was within this State. If the motor carrier fails to pay either one-half of the tax due or the entire tax due as of June 30, the department must issue a proposed assessment for the entire tax to the motor carrier. The tax as shown in the proposed assessment must be paid in full by cashier's check, money order, or cash within thirty days of the issuance of the proposed assessment, or the taxpayer may appeal the proposed assessment within thirty days using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.
(B)(1) If one-half of the tax is remitted on or before June 30, the remaining one-half of the tax due must be paid to the Department of Revenue on or before December 31 of that year. If the motor carrier fails to remit the remaining tax due pursuant to this section, the department shall issue a proposed assessment notice to the motor carrier. demanding payment for the entire amount shown to be due. If the motor carrier fails to remit the tax due within thirty days of receipt of the notice, the Department of Revenue shall notify the Department
Upon payment in full, the Department of Revenue shall notify the Department of Public Safety which then shall allow for registrations of the motor vehicles.
(2) The tax shown in the proposed assessment must be paid in full by cashier's check, money order, or cash or appealed within thirty days of the issuance of the proposed assessment. The taxpayer may appeal the proposed assessment using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.
(C) If a motor carrier fails to timely file the return as required by this section, the department shall issue a proposed assessment which assumes all mileage of the motor carrier's fleet was driven within this State. A taxpayer may appeal this proposed assessment using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title.
(D) A twenty-five percent penalty must be added to the property tax due if the motor carrier fails to file a return or pay any tax due, including the one-half of the tax due on June 30, as required by this section. The penalty must be applied the day after the date that the return was due to be filed or the tax was due to be paid. This penalty is instead of all other penalties and interest required by law, except those provided in Section 12-54-44.
(E) If the motor carrier fails to remit the tax due within thirty days of receipt of the proposed assessment and the taxpayer fails to appeal the proposed assessment as provided in subsection (B), the department shall assess the tax. Tax due pursuant to this section is subject to the collection procedures provided in Chapter 54, of this title, except that the penalty provisions of Section 12-54-43 do not apply."
3. Chapter 37 of Title 12 of the 1976 Code, is amended by adding:
"Section 12-37-2842. (A) The Department of Motor Vehicles, at the time of first registration by a motor carrier as defined in this article, shall notify the registrant of the Department of Revenue's registration and filing requirements and supply the required registration forms.
(B) The motor carrier must register with the Department of Revenue within thirty days following the year in which the vehicle or bus was first registered for operation in South Carolina.
(C) A motor carrier must notify the Department of Revenue, on forms supplied by the department, of a motor vehicle or bus that is disposed of before December 31."
4. Section 12-37-2845 of the 1976 Code is repealed.
U.1. Section 12-54-85(B) and (C) of the 1976 Code, as last amended by Act 86 of 1997, is further amended to read:
"(B) Except as otherwise provided in this section:
(1) if the a tax, except for a penalty described in item (2), is not required to be remitted with a return or document, the amount of taxes must be determined and assessed within thirty-six months after the later of the date the tax was due or the first date on which any part of the tax was paid; and
(2) a penalty that is not associated with the assessment of a tax must be determined and assessed within thirty-six months after the date of the violation giving rise to the penalty.
(C) Taxes may be determined and assessed after the thirty-six month limitation if:
(1) in the case of income, estate and generation skipping transfer taxes, the taxes are assessed within one hundred eighty days of receiving notice from the Internal Revenue Service of a final determination of a tax adjustment made by the Internal Revenue Service;
(2)(1) there is fraudulent intent to evade the taxes;
(3)(2) the taxpayer failed to file a return or document as required by law;
(4)(3) there is a twenty percent understatement of the total taxes required to be shown on the return or document. The taxes in this case may be assessed at any time within seventy-two months from the date the return or document was filed or due to be filed, whichever is later;
(5)(4) the person liable for any taxes consents in writing, before the expiration of the time prescribed in this section for assessing taxes due, to the assessment of the taxes after the time prescribed by this section."
2. Section 12-54-85(D) of the 1976 Code, as last amended by Act 114 of 1999, is further amended to read:
"(D)(1) A corporation shall notify the department in writing of all changes in taxable income reported to the Internal Revenue Service when the taxable income is changed by the Internal Revenue Service. Notification to the department must be made within ninety days after a final determination is received from the Internal Revenue Service. Notification of adjustments made by the Internal Revenue Service must
Notwithstanding any restrictions on filing a claim for refund provided in subsection (F) below, a corporation may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service within ninety days from the date the Internal Revenue Service changes the taxable income. Taxes due to an understatement of taxes resulting from adjustments of the Internal Revenue Service also may be determined and assessed after the thirty-six month limitation if:
(a) except as provided in item (b), in the case of income, estate, and generation skipping transfer taxes, the taxes are assessed before one hundred eighty days after the department receives notice from the taxpayer of a final determination of a tax adjustment made by the Internal Revenue Service; or
(b) in the case of individual income tax returns described in subitem (4)(c) below, the taxes are assessed before one hundred eighty days after the department receives notice of the tax adjustment from the Internal Revenue Service or the taxpayer, whichever occurs first.
(2) A person, including a pass-through entity, who conducts a trade or business, other than a trade or business of being an employee, shall notify the department in writing of all changes in taxable income reported to the Internal Revenue Service when the taxable income is changed by the Internal Revenue Service. Notification to the department must be made before one hundred eighty days after a final determination of a tax adjustment is made by the Internal Revenue Service.
(3) Notwithstanding a restriction on filing a claim for refund provided in subsection (F), a person may file a claim for refund resulting from an overpayment due to changes in taxable income made by the Internal Revenue Service, if the claim for refund is filed no later than one hundred eighty days after the date a final determination of a tax adjustment is made by the Internal Revenue Service. The refund described in this subsection applies only to the overpayment of taxes resulting from adjustments of the Internal Revenue Service.
(4) For the purposes of this subsection (D):
(a) the date the Internal Revenue Service makes a final determination of a tax adjustment is the federal assessment date;
(b) underpayments and overpayments resulting from adjustments of the Internal Revenue Service include both the year for
(c) the individual income tax returns referred to in subitem (D)(1)(b) are those individual income tax returns that do not include income, deductions, or credits from a trade or business, other than the trade or business of being an employee."
V. Section 56-3-240 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) In addition to other registration requirements the department shall collect a federal employer identification number or social security number when a vehicle is registered with a gross vehicle weight of more than twenty-six thousand pounds or as a bus common carrier."
W.1. Section 12-6-1120(3) of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"(3) Reserved The exclusion permitted by Internal Revenue Code Section 1031 is not permitted for the sale or exchange of real estate located in this State unless the real estate received in the exchange is located in this State."
2. Section 12-6-1180 of the 1976 Code is repealed.
3. Notwithstanding the general effective date of this act, this subsection applies for taxable years beginning after 1998.
X.1. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-420. Notwithstanding another provision of law, a committee composed of the county auditor, county treasurer, and county assessor may waive, dismiss, or reduce a penalty levied against real or personal property in the case of an error by the county."
2. Section 12-43-217 of the 1976 Code is amended by adding:
"(C) Postponement of the implementation of revised values pursuant to subsection (B) shall also postpone any requirement for submission of a reassessment program for approval by the Department of Revenue."
3. This subsection takes effect upon approval by the Governor.
Y.1. The General Assembly finds that (1) it is necessary to clarify the law as to the person or entity liable for payment of the ad valorem tax on real property and to provide a specific procedure for both the enforcement of payment of the tax on the property and the protection of the rights of all holders of interest in the property, and (2) this may be cited as "The Real Property Tax Liability Act".
2. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-78. If a homestead exemption is granted pursuant to Section 12-37-250 or a residential classification is made pursuant to Section 12-43-220(c) after payment of the property tax for that year, a
3. Section 12-37-610 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-37-610. Every Each person is liable to pay taxes and assessments on the real estate which property that, as of December thirty-first of the year preceding the tax year, he owns in fee, for life, or as trustee, as recorded in the public records for deeds of the county in which the property is located, or on the real property that, as of December thirty-first of the year preceding the tax year, he has care of as guardian, executor, or committee or may have the care of as guardian, executor, trustee, or committee."
4. Section 12-51-40 of the 1976 Code, as last amended by Act 285 of 1998, is further amended to read:
"Section 12-51-40. After the county treasurer issues his execution against a defaulting taxpayer in his jurisdiction, as provided in Section 12-45-180, signed by him or his agent in his official capacity, directed to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, requiring him to levy the execution by distress and sale of so much of the defaulting taxpayer's estate, real or personal, or both, as may be sufficient or property transferred by the defaulting taxpayer, the value of which generated all or part of the tax, to satisfy the taxes, assessments, penalties, and costs, the officer to which the execution is directed shall:
(a) On April first or as soon thereafter after that as practicable, mail a notice of delinquent property taxes, penalties, assessments, and costs to the current owner defaulting taxpayer and to a grantee of record at of the property, whose value generated all or part of the tax. The notice must be mailed to the best address available, which is either the address shown on the deed conveying the property to him, the property address, or such other corrected or forwarding address that the current owner of record has filed with the appropriate tax authority, of which corrected or forwarding address the officer authorized to collect delinquent taxes, assessments, penalties, and costs has actual knowledge, or to a known grantee of the delinquent taxpayer of the property on which the delinquency exists of which the officer authorized to collect delinquent taxes, penalties, and costs has actual knowledge. The notice must specify that if the taxes, penalties, assessments, and costs are not paid, the property must be advertised and sold to satisfy the delinquency.
(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable,
(c) In the event If the 'certified mail' notice has been returned, take exclusive physical possession of the property against which the taxes, assessments, penalties, and costs were assessed by posting a notice at one or more conspicuous places on the premises, in the case of real estate, reading: 'Seized by person officially charged with the collection of delinquent taxes of (name of political subdivision) to be sold for delinquent taxes', the posting of the notice is equivalent to levying by distress, seizing, and taking exclusive possession thereof of it, or by taking exclusive possession of personalty. In the case of personal property, the person officially charged with the collection of delinquent taxes is not required to move the personal property from where situated at the time of seizure and further, the personal property may not be moved after seized by anyone under penalty of conversion unless delinquent taxes, assessments, penalties, and costs have been paid. Mobile homes are considered to be personal property for the purposes of this section unless the owner gives written notice to the auditor of the mobile home's annexation to the land on which it is situated.
(d) The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent
(e) As an alternative, upon approval by the county governing body, a county may use the procedures provided in Chapter 56, Title 12 as the initial step in the collection of delinquent taxes on real and personal property.
(f) For the purpose of enforcing payment and collection of property taxes when the true owner is unknown because of the death of the owner of record and the absence of probate administration of the decedent's estate, the property must be advertised and sold in the name of the deceased owner of record."
5. Section 12-51-50 of the 1976 Code, as last amended by Act 146 of 1997, is further amended to read:
"Section 12-51-50. The property duly advertised must be sold, by the person officially charged with the collection of delinquent taxes, at public auction at the courthouse or other convenient place within the county, if designated and advertised, on a legal sales date during regular hours for legal tender payable in full by cash, cashier's check, certified check, or money order on the date of the sale. In case If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may not be sold."
6. Section 12-51-55 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad
7. Section 12-51-60 of the 1976 Code, as last amended by Act 285 of 1998, is further amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender as provided in Section 12-51-50 to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and. He must attach a copy of the receipt to the execution with the endorsement of his actions, which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall mark immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. Once a tax deed has been issued, the current defaulting taxpayer and the owner of record immediately before the end of the redemption period must be notified in writing by the delinquent tax collector of any excess due. The notice must be addressed and mailed to the current owner of record in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."
8. Section 12-51-90 of the 1976 Code, as last amended by Act 332 of 1996, is further amended to read:
"Section 12-51-90. (A) The defaulting taxpayer, any a grantee from the owner, or any mortgage or defaulting taxpayer, a mortgagee, a judgment creditor, or a lessee of the property, may within twelve months from the date of the delinquent tax sale, may redeem each item of real estate by paying to the person officially charged with the their collection, of the delinquent taxes, assessments, penalties, and costs, together with eight percent interest as provided in subsection (B) on the whole amount of the delinquent tax sale bid. In the case of a redemption in the last six months of the redemption period, for all real property except that classified pursuant to Section 12-43-220(c) at the time of the delinquent sale, the applicable rate of interest is twelve percent. If prior to the expiration of the redemption period, If the purchaser assigns his interest in any real property purchased at a delinquent tax sale, before the expiration of the redemption period, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized conveyance. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book.
(B)(1) Interest accrues on the whole amount of the delinquent tax sale bid according to the following schedule, based on the month of the redemption period the property is redeemed:
Month of Redemption Interest Imposed
First three months three percent
Months four, five, and six six percent
Months seven, eight, and nine nine percent
Final three months twelve percent
(2) The amount of interest due at any time during the redemption period may not exceed the amount of the bid on the property submitted on behalf of the Forfeited Land Commission pursuant to Section 12-51-55."
9. Section 12-51-120 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to before the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-restricted delivery' to the owner of record immediately
10. Section 12-51-130 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"Section 12-51-130. Upon failure of the defaulting taxpayer, any a grantee from the owner, or any mortgage a mortgagee, or a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, shall within thirty days or as soon thereafter after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, (or assignee), in possession'. The tax title shall must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of the execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, (or assignee), is responsible in the amount of fifteen dollars for the cost of the tax title plus any documentary stamps necessary to be affixed and recording fees. The successful purchaser, (or assignee), shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. In case If the tax sale of an item produced an overage in more cash above than the full amount due in taxes, assessments, penalties, and costs, the overage shall belong
11. Article 3, Chapter 49, Title 12 of the 1976 Code is repealed.
12. This subsection takes effect January 1, 2001, except that item 8. takes effect upon approval by the Governor and applies to redemptions of property sold at delinquent tax sales held after that date.
Z.1. Section 12-6-3510 of the 1976 Code, as added by Act 385 of 1998, is amended to read:
"Section 12-6-3510. (A) There is allowed as a nonrefundable A taxpayer may claim a credit against any tax imposed pursuant to this chapter of an amount equal to thirty-three percent, but not more than fifteen thousand dollars, of a the taxpayer's cash investment in a qualified South Carolina motion picture project. A taxpayer may claim no more than one credit in connection with the production of a single qualified South Carolina motion picture project. This credit is allowed over more than one taxable year but a taxpayer's total credit in all years, toward any such project, may not exceed fifteen thousand dollars. Any unused credit may be carried forward to five fifteen succeeding taxable years. For an investment made after the effective date of this section, the credit is allowed for a taxable year after December 31, 1998, beginning in the calendar year the project is registered as a qualified South Carolina motion picture project.
(B) In addition to the credit provided in subsection (A), a nonrefundable credit is allowed against any taxes imposed pursuant to this chapter A taxpayer may claim a credit in an amount equal to thirty-three percent of the value of a taxpayer's investment in the construction or conversion, or equipping, or any combination of these activities, of a motion picture production facility or post-production facility in this State in which the taxpayer purchases an ownership interest with the taxpayer's investment. No credit is allowed unless the total amount invested in the motion picture production facility has been
(C) Credits allowed under this section are allocated to partners, limited liability company members, and subchapter "S" corporation shareholders based on the percentage of their interest. The credit is earned when the cash is spent or when qualifying real property is dedicated for use as part of a motion picture production facility or post-production facility. If a motion picture project, motion picture production facility, or post-production facility fails to meet the requirements of the section within three years from the end of the taxpayer's tax year when the credit was first claimed, then any taxpayer which claimed the credit shall increase its income tax liability in the fourth year by an amount equal to the amount of credits claimed in prior tax years with respect to the motion picture project, motion picture production facility, or post-production facility.
(D) Notwithstanding the amount of the credits allowed by this section, these credits, when combined with any other state income tax credits allowed the taxpayer for a particular taxable year, cannot reduce the taxpayer's South Carolina income tax liability more than fifty percent.
(E) All documentation provided by investors and their agents to the Department of Revenue in connection with claiming the credits allowed by this section is considered a tax return and subject to the penalty provisions of Section 12-54-40(f).
(F) As used in this section:
(1) 'Investment' means cash with respect to subsection (A) of this section, and with respect to subsection (B) of this section cash or the fair market value of real property with any improvements thereon, or any combination of these. To qualify as 'investment', cash must
(2) 'Motion picture company' means an enterprise that is in the business of filming or producing motion pictures, or both.
(3) 'Motion picture production facility' means a site in this State that contains soundstages designed for the express purpose of film and television production for both theatrical and video release. Production includes, but is not limited to, motion pictures, made-for-television movies, and episodic television to a national audience. The motion picture production facility site must include production offices, construction shops/mills, prop and costume shops, storage area, parking for production vehicles, all of which complement the production needs and orientation of the overall facility purpose. The term does not include television stations, recording studios, or facilities predominately used to produce videos, commercials, training films, or advertising films. 'Motion picture facility' also includes a facility designed for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including, but not limited to, the creation of visual effects, editing, and sound mixing for motion picture/television projects. A post-production facility site is not required to contain a soundstage nor be physically located at or near soundstages.
(4)(3) 'Motion picture project' means a product intended for commercial exploitation that incurs at least one million dollars of costs directly in this State to produce a master negative motion picture for theatrical or television exhibition in the United States and in which at least twenty percent of total filming days of principal photography, but not fewer than ten filming days, is filmed in this State.
(4) 'Post-production facility' means a site in this State designated for the express purpose of accomplishing the post-production stage of film and television production for both theatrical and video release including the creation of visual effects, editing, and sound mixing. A post-production facility site is not required to contain a soundstage or be physically located at or near soundstages.
(5) 'Qualified South Carolina motion picture project' means a motion picture project which has registered by submitting its record of allocation of credits and documentation to the Department of Revenue,
(6)(a) In subsection (A) 'taxpayer' means the investor who invests in a qualified motion picture project.
(b) In subsection (B) 'taxpayer' means the investor who invests in the company that constructs, converts, or equips a 'qualified South Carolina motion picture production facility'.
(c) 'Taxpayer', with respect to a motion picture equity fund created for the sole, expressed purpose of facilitating a slate of 'qualified South Carolina motion picture projects', means the investors, partners, limited liability company members, and subchapter 'S' corporation shareholders who invest in the motion picture equity fund. Credits allowed under this subitem are allocated to the fund, based upon thirty-three percent of the cash value of its investment in a 'qualified South Carolina motion picture project' and distributed to equity fund members based upon the percentage of their interest in the equity fund."
2. This subsection takes effect upon approval by the Governor and may be claimed by a taxpayer for tax years beginning after December 31, 1999, for qualifying motion picture projects and South Carolina motion picture production facilities if the taxpayer has not claimed the credit for these projects or facilities under the previous law. Section 12-6-3510 of the 1976 Code, as amended by this subsection is repealed effective for taxable years beginning after June 30, 2005, but this repeal does not affect credits previously earned.
AA. This section takes effect upon approval by the Governor, or as otherwise stated, except that subsections A.1 and 2 apply to tax years beginning after 1997; Section 12-6-3365 of the 1976 Code, as added by subsection A.1 of this section and subsection A.2 of this section are repealed effective July 1, 2005, but the repeal does not affect any moratorium in effect on that date; subsection C applies to sales occurring after the date of approval by the Governor; subsection D applies to taxable years beginning after December 31, 2000; subsection E applies to returns filed after December 31, 1999; subsection J.1 applies to taxable periods ending after December 31, 1999; subsection
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 7 (SKB\18520SOM00), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 12-36-2700. (A) Subject to the requirements of Section 4-37-30(A), the governing body of a county may impose by ordinance a sales and use tax in an amount not to exceed one percent within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, bridges, mass transit systems, greenbelts, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;
(ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or
(iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or
(c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. A referendum for this purpose must be held at the time of the general election. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot for each purpose which purpose may, as determined by the governing body of a county, be set forth as a single question relating to several of the projects, and the question must read substantially as follows:
'I approve a special sales and use tax in the amount of (fractional amount of one percent) (one percent) to be imposed in (county) for not more than (time) to fund the following project or projects:
Project (1) for __________ $ __________
Project (2), etc.'
In addition, the referendum, as determined by the governing body of a county, may contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
'I approve the issuance of not exceeding $_____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.
If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum pursuant to the election laws of this State, mutatis mutandis, and shall certify the result no later than November thirtieth after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed effective the first day of May following the date of the referendum. If the certification is not made timely to the Department of Revenue, the imposition is postponed for twelve months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall include by definition more than one item as defined in (a)(i) and (a)(ii) to describe the single project or multiple projects for which the proceeds of the tax are to be used.
(7) Amounts collected in excess of the required proceeds first must be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by this chapter and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed specifically by this section. The gross proceeds of the sale of food lawfully purchased with United States Department of Agriculture food stamps are exempt from the tax imposed specifically by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes pursuant to Article 13, Chapter 36 of Title 12 must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall report separately in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied pursuant to this section in a county, either pursuant to the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are billed regularly on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(15) The revenues of the tax collected in each county pursuant to this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with him quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively.
(16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
(17) At no time may any portion of a county area be subject to more than one percent sales tax levied pursuant to this section, Article 3, Chapter 10 of Title 4, or pursuant to any local legislation enacted by the General Assembly.
(18) If the member counties of a regional transportation authority impose a sales tax pursuant to Section 4-37-30 and this section, any contiguous county or municipality seeking to join that authority must conduct a referendum within its boundaries and imposition of the tax must be approved by its voters before the contiguous county or municipality may join the authority.
(19) The Department of Revenue may promulgate regulations necessary to implement this section."
SECTION __. Section 4-37-40 of the 1976 Code is repealed. /
Renumber sections to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 8A (575R009.JWM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. Section 44-56-170(F) of the 1976 Code is amended by amending the last two sentences to read as follows:
"For the purpose of this subsection `infrastructure' means the purchase of land for economic development, the purchase of a building for economic development, or improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1 i) improvements to both public water and sewer systems;
(2 ii) improvements to public electric, natural gas, and telecommunication systems; and
(3 iii) fixed transportation facilities including highway, road, rail, water, and air." /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1413 (Word version) -- Senators Passailaigue, McConnell, Washington, Ford, Mescher, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR MARY R. "MICKEY" MILLER, DIRECTOR OF THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, ON THE OCCASION OF HER RETIREMENT AFTER TWENTY-TWO YEARS OF LOYAL SERVICE AND TO RECOGNIZE
Returned with concurrence.
Received as information.
S. 1415 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND DR. EVELYN M. BERRY OF LEXINGTON COUNTY FOR HER DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS TO THE BETTERMENT OF THE PUBLIC EDUCATION SYSTEM IN SOUTH CAROLINA ON THE OCCASION OF HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
Returned with concurrence.
Received as information.
S. 1416 (Word version) -- Senators Patterson and Anderson: A CONCURRENT RESOLUTION TO HONOR BISHOP JOHN HURST ADAMS, SENIOR BISHOP, SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH FOR HIS DEVOTED SERVICE AND INVALUABLE CONTRIBUTIONS MADE TO THE CHURCH AND TO THE CITIZENS OF THIS STATE AND NATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 1417 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION HONORING DR. W. DUKE HUCKS, SUPERINTENDENT OF PICKENS COUNTY SCHOOL DISTRICT, ON THE OCCASION OF HIS RETIREMENT AND RECOGNIZING HIS DEDICATION AND COMMITMENT TO THE EDUCATION OF THE STUDENTS OF THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1424 (Word version) -- Senators Alexander, Anderson, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover,
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and 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. 5097 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO COMMUNITY RESIDENTIAL CARE FACILITIES, PRE-EXAMINATION AND LICENSING REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO
H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.
H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
By prior motion of Senator SHORT, with unanimous consent
H. 4199 (Word version) -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator RANKIN proposed the following amendment (JUD4199.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of Horry county, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act. This act prohibits gambling activities on so-called 'cruises to nowhere.'
SECTION 2. (A) As used in this section:
(1) 'Vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of Horry county, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within Horry county.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other
(B) It is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(1) the voyage or segment begins and ends in Horry county; and
(2) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
SECTION 3. A violation of this act is not a criminal offense, but is a violation for which a civil penalty of not less than five thousand dollars but not more than twenty-five thousand dollars for each violation, may be imposed by the Department of Revenue.
SECTION 4. Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This act does not repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3).
SECTION 5. If any provision of this act or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND proposed the following amendment (JUD4751.003), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ____. Section 7-5-440(B) of the 1976 Code is amended to read:
"(B) A qualified elector who has moved from an address in one precinct to an address in another precinct within the same county, or has moved to another county within the thirty-day period before an election, and who has failed to notify the county board of voter registration of the change of address before the date of an election, at the option of the elector:
(1) must be permitted to correct the voting records and vote provisional ballots containing only the races for federal, statewide, and countywide, and municipalwide offices pursuant to the provisions of Section 7-13-830 at the elector's former polling place, upon oral or written affirmation by the elector of the new address before an election official at that polling place; or
(2) must be permitted to correct the voting records and vote at a central location located at the main office of the county board of voter registration in his new county of residence where a list of eligible voters is maintained, upon written affirmation by the elector of the new address on a standard form provided at the central location."
SECTION ___. Section 7-13-350 of the 1976 Code is amended to read:
"Section 7-13-350. (A) Except as otherwise provided in this section, the The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August fifteenth or, if August fifteenth falls on Saturday or Sunday, not later than twelve o'clock noon on the following Monday;
(B) Candidates for President and Vice President must be certified not later than twelve o'clock noon on August thirtieth to the State Election Commission, or if August thirtieth falls on Sunday, not later than twelve o'clock noon on the following Monday."
SECTION ___. Section 7-13-430 of the 1976 Code is amended to read:
"Section 7-13-430. (A) There must be provided for each voting place where voting machines are not used as many ballots as are equal to one hundred ten percent of the registered qualified voters at the voting place. There must be provided for each voting place where voting machines are used as many a number of ballots as are equal to not to exceed ten percent of the registered qualified voters at the voting place. The authority responsible for conducting an election must provide to each poll manager the appropriate number of ballots according to the provisions of this section.
(B) When a sufficient number of official ballots are not available for all qualified electors present at the polling place to vote, the managers of election without undue delay shall provide ballots made as nearly as possible in the form of the official ballot to those electors for whom official ballots are unavailable, and for all purposes of the election laws of this State these ballots are the same as official ballots. A manager of election who fails to comply with the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars.
(C) There must be provided for each voting place a number of failsafe ballots, or ballots containing only the races for federal,
SECTION ___. Section 7-13-1680 of the 1976 Code is amended to read:
"Section 7-13-1680. The governing body of any county or municipality providing voting machines at polling places for use at elections shall provide for each such polling place at least one voting machine for each three two hundred and fifty registered voters or portion thereof or as near thereto as may be practicable. Such machine The machines shall be of the type approved as herein provided for in this title and shall be kept in complete and accurate working order and in proper repair. The machine machines may be used in such election districts or precincts in the county or municipality as the officials holding the election or conducting the primary may determine. The governing body of the county or municipality owning the machines shall have custody of such machines and other furniture or equipment of the polling places when not in use at an election."
SECTION ___. Section 7-13-1750 of the 1976 Code is amended to read:
"Section 7-13-1750. Before preparing a voting machine for an election at which candidates for more than one political party or candidates nominated by petition are to be voted for, written notice must be mailed to the chairman of the local committee of each of the two political parties which at the general election next preceding cast the highest and next highest number of votes that have certified candidates, stating the time and place where the machines will be prepared. At this time, one representative of each of these political parties must be afforded an opportunity to see that the machines are in proper condition for use at the election. When a machine has been examined by these representatives, it must be locked or sealed with a numbered seal in their presence. The representatives must certify as to the numbers of the machines, that all counters are set at zero (000), as to the number registered on the protective counter, and the number on the seal. When a voting machine has been properly prepared for an election, it must be locked or sealed against voting, sealed, and any necessary seals or keys to the machine retained in the custody of the commissioners of election or other electoral board and delivered to the managers of election as provided in this chapter."
SECTION ___. Section 7-13-1770 of the 1976 Code is amended to read:
"Section 7-13-1770. The managers of each election precinct at which a voting machine is to be used shall meet at the voting place at least three quarters of an hour forty-five minutes before the time set for the opening of the polls at each election, and shall proceed to arrange within the guard rail the furniture, stationery supplies, and voting machine or machines for the conduct of the election. The managers of election shall then have the voting machines, ballots and stationery required to be delivered to them for such election. At that time, the The managers shall thereupon post at least two instruction cards conspicuously within the polling place. If not previously done, they shall arrange, in their proper place on or in the voting machine, the ballots prepared for such election. The keys to the voting machine A sealed envelope shall be delivered to the managers of election at least thirty minutes before the time set for the opening of the polls, in a sealed envelope, on which shall be written or printed the number of the voting machine, the number of the seal any respective seals, and the number registered on the protective counter device. The This envelope containing the keys shall not be opened until all of the managers of election for the precinct shall be are present at the polling place and shall have examined the envelope to see that it has not been opened. The machine shall remain locked against the voting until the polls are formally opened and machines, upon preparation for voting by the managers, shall not be operated except by voters in voting. Before opening the polls, each manager shall examine the machines and see that no vote has been cast and that the counters register zero (000). If any counter is found not to register zero (000), the managers shall not use the machine for voting purposes and notify the commissioners of election adjust the counters at zero (000) if it can be done by them; if not, they shall make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post such statement upon the wall of the polling room where it shall remain during the day of election, and in making the statement of canvass, they shall subtract such number from the number of registered ballots thereon."
SECTION ___. Section 7-13-1880 of the 1976 Code is amended to read:
"Section 7-13-1880. As soon as the polls of election are closed, the managers shall immediately lock and or seal the voting machine against further voting and open the counter compartment in the presence of all
SECTION ___. Section 7-13-1890 of the 1976 Code is amended to read:
"Section 7-13-1890. The keys of the voting machine shall be enclosed in a A sealed envelope having endorsed thereon a certificate of the managers of election stating the number of the machine, the voting precinct, the number numbers on the seal seals, and the number on the protective counter and containing all used seals for this election shall be returned and delivered by one of the managers of the election to the commissioners or other electoral board from whom the keys were the envelope was received. After being locked or sealed by the managers of election, the voting machines shall remain locked or sealed for the period of thirty days or as much longer long as may be necessary or advisable because of any threatened contest over of the result of the election, except as may be necessary to prepare the machines for another election and except that they may be opened and all data examined by the authority responsible for conducting the election in order to ascertain or verify the machine results of the election; however, this examination may be conducted only if all candidates in an affected race, or their representatives, are notified and given an opportunity to be present, or upon the order of a court of competent jurisdiction."
SECTION ___. Section 7-15-310 of the 1976 Code is amended to read:
"Section 7-15-310. As used in this article:
(1) The term 'members of the Armed Forces of the United States' means members of the United States Army, the United States Navy, the
(2) The term 'Members of the Merchant Marine of the United States' means all officers and men engaged in maritime service on board ships;
(3) The term 'students' means all persons residing outside of the counties of their respective residencies residences, enrolled in an institution of learning;
(4) The term 'physically disabled person' means a person who, because of injury or illness, cannot be present in person at his voting place on Election Day;
(5) The term 'registration form' means Standard Form 76, or any subsequent form replacing it, authorized by the federal government or the state form described in Section 7-15-120;
(6) The term 'persons in employment' means those persons who by virtue of their employment obligations are unable to vote in person;
(7) The term 'authorized representative' means a registered elector who, with the voter's permission, acts on behalf of a voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, nursing home, or place of residence, or a voter unable because of a physical handicap to go to his polling place or because of such handicap unable to vote at his polling place due to existing architectural barriers which deny him physical access to the polling place, voting booth, or voting apparatus or machinery. Under no circumstance shall a candidate or a member of a candidate's paid campaign staff or volunteers reimbursed for the time they expend on campaign activity be considered an 'authorized representative' of an elector desiring to vote by absentee ballot;
(8) The term 'immediate family' means a person's spouse, parents, children, brothers, or sisters, grandparents, grandchildren, and mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law;
(9) The term 'overseas citizen' means a citizen of the United States residing outside of the United States as specified by Section 7-15-110."
SECTION ___. Section 7-13-620 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator FORD proposed the following amendment (JUD3465.002), which was laid on the table:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-1-100 of the 1976 Code is amended to read:
"Section 20-1-100. A male or female under the age of sixteen eighteen or a female under the age of fourteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a male or female under the age of sixteen eighteen or a female under the age of fourteen is void ab initio."
SECTION 2. Section 20-1-250 of the 1976 Code is amended to read:
"Section 20-1-250. No such A marriage license shall must not be issued when the woman or child woman either applicant is under the age of fourteen eighteen. or when the male is under the age of sixteen, provided that when the female applicant is between the ages of fourteen to eighteen and when the male applicant is between the ages of sixteen to eighteen and when the applicant resides with father or mother, or other relative or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until
Amend title to conform.
Senator FORD explained the amendment.
Senator MARTIN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HUTTO proposed the following amendment (JUD3465.003), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 20-7-7810(F) of the 1976 Code is amended to read:
"(F) Notwithstanding subsections (A) and (E), a child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, a child who has been found in contempt of court for violation of a court order related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to a secure evaluation centers center operated by the department for a determinate period not to exceed ninety days; however, a when:
(1) the child has been adjudicated delinquent by a family court judge for a status offense, as defined in Section 20-7-6605, excluding truancy, and the order acknowledges that the child has been afforded all due process rights guaranteed to a child offender;
(2) the child is in contempt of court for violation of a court order to attend school or an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605; or
(3) the child is determined by the court to have violated the conditions of probation set forth by the court in an order issued as a result of the child's adjudication of delinquency for a status offense, as defined in Section 20-7-6605, including truancy.
Orders issued pursuant to this subsection must acknowledge:
(a) that the child has been advised of all due process rights afforded to a child offender; and
(b) that the court has received information from the appropriate state or local agency or public entity that has reviewed the facts and circumstances causing the child to be before the court.
A child committed under this section may not be confined with a child who has been determined by the department to be violent." /
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, passed and ordered returned to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (4404C099.TCA), which was adopted:
Amend the bill, as and if amended, by striking Section 2 and inserting in lieu thereof the following:
/ SECTION 2. The last paragraph in Section 56-3-840 of the 1976 Code is amended to read:
"All monies collected pursuant to this section, not to exceed 2.7 million dollars or the actual revenues collected in fiscal year 1998-99 1999-2000, whichever is less, must be annually deposited to a separate account and held in reserve for the department. Notwithstanding any other provision of law, these monies must be deposited to the credit of
SECTION 3. Section 56-3-660 of the 1976 Code is amended by adding a new subsection to read:
"(G) Effective July 1, 1993, the department is authorized to retain and expend all motor carrier registration fees collected pursuant to Chapter 23 of Title 58."
SECTION 4. This act takes effect upon approval by the Governor, except that Section 2 takes effect July 1, 2001. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming,
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator JACKSON proposed the following amendment (JUD3420.008), which was withdrawn:
Amend the amendment (Document No. JUD3420.006), as and if amended, by striking the amendment in its entirety and inserting therein the following:
/ SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding:
"Section 1-7-125. (A) As used in this section:
(1) 'lawful distribution and sale' means compliance with any applicable federal and state statutes or regulations governing the distribution and sale of firearms and ammunition;
(2) 'operation' means the proper and intended operation of a firearm or ammunition whether or not the firearm or ammunition design could have incorporated additional operating features;
(3) 'person' means the State of South Carolina, political subdivisions of the State, individuals, partnerships, limited liability companies, corporations, associations, and any other legal entity however designated.
(B) No person may sue or recover from a firearms manufacturer, importer, trade association, or dealer, or an ammunition manufacturer, importer, trade association, or dealer, for damages, abatement, or injunctive relief from any claims arising out of or resulting from the
(C) No person may sue or recover from a firearms manufacturer, importer, trade association, or dealer, or an ammunition manufacturer, importer, trade association, or dealer for any type of harm related to a criminal, negligent, or improper use or possession of a firearm or ammunition, unless such use or possession was a direct result of the violation of a criminal law by the manufacturer, importer, trade association, or dealer. For purposes of this subsection, an improper use or possession is a use or possession contrary to the intended or instructed manner.
(D) Nothing in this section prohibits any person from bringing an action against a firearms or ammunition manufacturer, importer, trade association, or dealer for breach of contract or warranty; nor does this section affect an individual's right to bring any form of products liability action for a misrepresentation, a manufacturing defect, a design defect, or a defect from warning or safety instructions."
SECTION 2. Title 16 of the 1976 Code is amended by adding:
Children's Firearm Accident Prevention Act of 2000
Section 16-24-10. This act may be cited as the 'Children's Firearm Accident Prevention Act of 2000'.
Section 16-24-20. As used in this article:
(1) 'Child' means a person under eighteen years of age.
(2) 'Loaded firearm' means a firearm which has an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip of it attached to the firearm. A muzzle-loader firearm is considered to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(3) 'Locked container' means a secure container which is fully enclosed and locked by a padlock key, lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.
(4) 'Trigger-locking device' means a device which prevents a firearm from functioning and which, when applied to the weapon, renders the weapon inoperable.
Section 16-24-30. (A) Except as provided in Section 16-24-40, a person who keeps a loaded firearm on premises which are under his custody or control where he knows or reasonably should know that a
(1) criminal storage of a loaded firearm in the first degree if the child obtains access to the firearm and causes death to himself, herself, or any other person;
(2) criminal storage of a loaded firearm in the second degree if the child obtains access to the firearm and causes injury to himself, herself, or any other person, but death does not occur.
(B)(1) A person who violates subsection (A)(1) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than three years or fined not more than two thousand dollars, or both.
(2) A person who violates subsection (A)(2) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.
(C) No insurance policy issued pursuant to Title 38 shall limit or exclude coverage as a result of a conviction under the provisions of this section.
Section 16-24-40. This chapter does not apply whenever any of the following occurs:
(1) the child obtains the firearm as a result of an illegal entry to any premises by any person;
(2) the firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) the firearm is carried on the person so that it can be readily retrieved;
(4) the firearm is equipped with a trigger-locking device and the device is on;
(5) the person is a law enforcement officer or a member of the armed forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person's duties;
(6) the child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person or persons;
(7) a person who keeps a loaded firearm on any premises which are under his custody or control and has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises; or
(8) the person is in preparation for, engaged in the act of, or returning from hunting or sport shooting, and the accident is not a result of criminal negligence, as defined in Section 50-1-85.
Section 16-24-50. (A) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser that states, in block letters not less than one-fourth inch in height:
'IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY PERSON TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.
(B) A retail dealer who sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:
'IT IS UNLAWFUL TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.
(C) A person who knowingly violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."
SECTION 3. This act takes effect upon approval by the Governor. SECTION 1 of this act applies prospectively to all actions which arise or accrue on or after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
On motion of Senator JACKSON, with unanimous consent, the amendment was withdrawn.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 4875 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 33-3-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF CORPORATIONS, SO AS TO PROVIDE THE POWERS EXTEND TO THOSE GRANTED BY CHAPTER 21 OF TITLE 33.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 4937 (Word version) -- Reps. Cato, Tripp, Easterday, Hamilton, Leach, Loftis, McMahand, F. Smith and Wilkins: A BILL TO PROVIDE THAT THE NAME OF THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT IS CHANGED TO THE GREENVILLE ARENA DISTRICT AND SHALL BE COMPOSED OF THE AREA DEFINED FOR THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT AND IS VESTED WITH ALL THE POWERS, DUTIES, AND AUTHORITY VESTED IN THAT DISTRICT.
On motion of Senator J. VERNE SMITH, H. 4937 was ordered to receive a third reading on Thursday, June 1, 2000.
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
H. 5110 (Word version) -- Reps. Rodgers, Gilham and Lloyd: A BILL TO AMEND ACT 583 OF 1994, RELATING TO THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL DESIGNATE THE CHAIRMAN AND THE VICE-CHAIRMAN OF THE BOARD, AND TO PROVIDE FOR THE VICE-CHAIRMAN TO PRESIDE IN THE ABSENCE OF THE CHAIRMAN AND ASSUME THE CHAIRMANSHIP WHEN THE POSITION BECOMES VACANT.
On motion of Senator RICHARDSON, H. 5110 was ordered to receive a third reading on Thursday, June 1, 2000.
H. 5112 (Word version) -- Rep. Rodgers: A BILL TO AUTHORIZE THE BEAUFORT COUNTY TRANSPORTATION COMMITTEE TO EXPEND ONE THOUSAND FIVE HUNDRED DOLLARS FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE, TO
On motion of Senator RICHARDSON, H. 5112 was ordered to receive a third reading on Thursday, June 1, 2000.
H. 5135 (Word version) -- Reps. Carnell and Parks: A BILL TO AMEND ACT 441 OF 1959, AS AMENDED, RELATING TO THE GREENWOOD METROPOLITAN DISTRICT, SO AS TO INCREASE THE MEMBERS ON THE DISTRICT COMMISSION FROM SIX TO SEVEN, TO REQUIRE THREE MEMBERS PREVIOUSLY APPOINTED BY THE GOVERNOR TO BE ELECTED IN THE GENERAL ELECTION BEGINNING IN 2000, TO PROVIDE THAT THE ELECTED MEMBERS SHALL SERVE TWO-YEAR TERMS, AND TO ADD ONE MEMBER TO BE APPOINTED BY THE GREENWOOD COUNTY COUNCIL.
By prior motion of Senator DRUMMOND, with unanimous consent
H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 40 PERTAINING TO INSURANCE, SO AS TO ADD THE DEFINITIONS FOR "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTION 38-31-100, AS AMENDED, RELATING TO THE ORDER IN WHICH CLAIMANTS MUST EXHAUST THEIR RIGHTS UNDER INSURANCE POLICIES WHEN A CLAIMANT HAS COVERAGE UNDER MORE THAN ONE POLICY, SO AS TO ESTABLISH LIMITS ON THE AMOUNT A CLAIMANT MAY COLLECT FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION IF THE CLAIM IS AGAINST AN INSOLVENT INSURER; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO REQUIRING AN INSURER TO HAVE ALL POLICIES, CONTRACTS, AND CERTIFICATES APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO PROVIDE THAT THIS PARTICULAR REQUIREMENT DOES NOT APPLY TO EXEMPT COMMERCIAL POLICIES; BY ADDING SECTION
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (4441R002.EES), which was adopted:
Amend the bill, as and if amended, by striking the bill including the title and inserting the following::
/TO AMEND SECTION 38-71-46(A) OF THE 1976 CODE RELATING TO DIABETES COVERAGE IN HEALTH INSURANCE POLICIES, SO AS TO CLARIFY OR ESTABLISH STANDARDS FOR DENIAL OF COVERAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-71-46(A) of the 1976 Code is amended to read:
"(A) On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State shall must provide coverage for the equipment, supplies, Food and Drug Administration-approved medication indicated for the treatment of diabetes, and outpatient self-
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators REESE proposed the following amendment (4934R001.GGR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. The 1976 Code is amended by adding:
"Section 37-17-10. (A) It is unlawful for a person to sell, market, promote, advertise, or distribute a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases unless:
(1) the person is registered with the Department of Insurance for this express purpose;
(2) the card or other purchasing mechanism or device expressly states in bold and prominent type, prominently placed, that the discounts are not insurance;
(3) documentation is provided to the Department of Insurance that the discounts are specifically authorized and the person has a separate contract with each pharmacy or pharmacy chain listed in conjunction with the card or other purchasing mechanism or device; and
(4) the discounts or access to discounts offered, or the range of discounts or access to the range of discounts offered, are not misleading, deceptive, or fraudulent.
(B) A person who sells, markets, promotes, advertises, or distributes a card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases in this State shall designate a resident of this State as an agent for service of process and register the agent with the Secretary of State.
(C)(1) A person who violates subsection (A) is guilty of a misdemeanor and upon conviction must be imprisoned for not more than six months or fined not more than one thousand dollars, or both; for a second or subsequent violation a person must be imprisoned for not more than two years or fined not more than five thousand dollars, or both.
(D) This section does not apply to:
(1) a pharmacy holding a permit issued pursuant to Title 40, Chapter 43;
(2) eye or vision care services or glasses or contact lenses provided by an optometrist or ophthalmologist;
(3) an insured benefit administered by a health insurer, health care service contractor, or health maintenance organization; or
(4) an insured benefit administered by, or under contract with, the State of South Carolina.
(E) For purposes of this section, 'person' means an individual, corporation, partnership or any other business entity, including but not limited to, a health maintenance organization, an insurance company, or a third party payor.
(F) The Director of the Department of Consumer Affairs may promulgate regulations or issue bulletins to implement the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Kennedy and Lloyd: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Senate Transportation Committee proposed the following amendment (3993R001.JCL), which was adopted:
Amend the bill, as and if amended, page 7, line 40, by striking the word / article / and inserting:
/ chapter /
Amend the bill further, as and if amended, page 8, by striking line 37 and inserting:
/ members, including the resident senator, provided, however, if there is no resident senator, then a majority of the Senate delegation representing the county. No member government, /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the committee amendment.
The committee amendment was adopted.
Senators MOORE, RYBERG and SETZLER proposed the following amendment (3993R004.TLM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. It is the intent of the General Assembly that the South Carolina Transportation Infrastructure Board accept all applications for major highway and transportation projects submitted to the board, including the Bobby Jones Expressway Extension Application. The board shall not adopt any rule or regulation that inhibits or prohibits an otherwise eligible project from being submitted to the board for future consideration. /
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.
On motion of Senator PASSAILAIGUE, with unanimous consent, H. 3993 was ordered to receive a third reading on Thursday, June 1, 2000.
H. 4867 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 38 AND INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "MARION H. KINON INTERCHANGE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4887 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME ROAD S-17-316 IN DILLON COUNTY COMMONLY KNOWN AS WILLAMETTE ROAD, BETWEEN SOUTH CAROLINA HIGHWAY 34 AND ROAD S-17-23 "A. W. 'RED'
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".
Senator LEATHERMAN asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator RYBERG objected.
H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON WEDNESDAY, JUNE 14, 2000, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senator McCONNELL raised a Point of Order under Rule 37 that the Bill had not been on the Calendar at least one legislative day.
The PRESIDENT sustained the Point of Order.
The following Bills were carried over:
S. 1336 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 6-11-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE FOR ESTABLISHING SPECIAL PURPOSE DISTRICTS FOR SEWAGE COLLECTION AND DISPOSAL, SO AS TO PROVIDE THAT THE COST OF CONSTRUCTING LATERAL COLLECTION LINES MAY BE ASSESSED AGAINST PROPERTIES DERIVING A PARTICULAR BENEFIT FROM THE LINES; TO AMEND SECTION 6-11-1220, RELATING TO DEFINITIONS, SO AS TO AMEND THE TERM "FRONT-FOOT ASSESSMENT" TO INCLUDE AN ASSESSMENT LEVIED ON A PER PARCEL OR PER UNIT BASIS; AND TO AMEND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE COMMISSION OR GOVERNING AGENCY OF THE SPECIAL PURPOSE DISTRICT, SO AS TO AUTHORIZE THE COMMISSION TO ASSESS LOTS OR PARCELS WHICH DERIVE A PARTICULAR BENEFIT FROM LATERAL COLLECTION LINES FOR THE COST OF THE LINES.
On motion of Senator DRUMMOND
S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A
On motion of Senator HAYES
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING OR PEEPING; TO FURTHER PROHIBIT A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, AND TO DEFINE THE TERM "VOYEURISM"; TO FURTHER PROHIBIT THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; TO DEFINE A "PLACE OF REASONABLE EXPECTATION OF PRIVACY", "SURVEILLANCE", AND "VIEW"; TO FURTHER PROVIDE CRIMINAL PENALTIES FOR CONVICTIONS OF VOYEURISM AND THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY.
The House returned the Bill with amendments.
Senators DRUMMOND, LEVENTIS, McCONNELL and RAVENEL proposed the following Amendment No. 2 (NBD\12186AC00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __ A. The 1976 Code is amended by adding:
"Section 16-17-655. (A) It is unlawful to hunt deer with a weapon inside an enclosure which prevents or materially impedes the free range of the deer being hunted.
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or more than two thousand five hundred dollars or imprisoned for not less than one year or more than three years, or both. The hunting and fishing privileges of a person convicted under the
B. This section takes effect January 2, 2001./
Renumber sections to conform.
Amend title to conform.
Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators LEVENTIS and McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PEELER moved to lay the amendment on the table.
Senator McCONNELL was recognized to speak on the Bill.
At 11:50 A.M., Senator MARTIN moved under Rule 15A to set a time certain to vote on the entire matter of S. 470 at 4:00 P.M. today.
Senator LAND objected.
Senator McCONNELL continued speaking on the Bill.
With Senator McCONNELL retaining the floor, Senator RYBERG asked unanimous consent to take up H. 5086, the Sine Die Resolution, for immediate consideration.
Senator BRYAN objected.
Senator McCONNELL continued arguing in favor of the adoption of the amendment.
At 12:45 P.M., Senator RUSSELL assumed the Chair.
Senator MARTIN argued contra to the adoption of the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Bryan Elliott Ford Giese Glover Gregory Grooms Hayes Holland Hutto Land Leatherman Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Richardson Russell Ryberg Saleeby Setzler Smith, J. Verne Thomas Waldrep Wilson
NAYS
Branton Courson Drummond Jackson Leventis McConnell Ravenel Washington
At 1:00 P.M., the PRESIDENT assumed the Chair.
The amendment was laid on the table.
We voted to table this amendment not on its merits but because it is clearly not germane to the Peeping Tom Bill.
Senator HOLLAND spoke on the Bill.
The Bill was returned to the House with amendments.
At 1:05 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:33 P.M., and was called to order by the PRESIDENT.
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator McCONNELL proposed the following amendment (1163R005.GFM), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read: /
SECTION ___. A.Section 38-33-50 of the 1976 Code is amended by adding:
"(C) Any contract issued by a Health Maintenance Organization in this State on or after January 1, 1988, may include provision for subrogation by the Health Maintenance Organization to the enrollee's right of recovery against a liable third party for not more than the amount of insurance benefits that the Health Maintenance Organization has paid previously in relation to the enrollee's injury by the liable third party. If the director or his designee, upon being petitioned by the enrollee, determines that the exercise of subrogation by a Health Maintenance Organization is inequitable and commits an injustice to the enrollee, subrogation is not allowed. Attorneys' fees and costs must be paid by the Health Maintenance Organization from the amounts recovered. This determination by the Director or his designee may be
B. This SECTION takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following amendment (1163R006.GFM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and adding appropriately numbered new SECTIONS to read: /
SECTION ___. A.Chapter 71, Title 38 of the 1976 Code is amended by adding:
Health Carrier External Review Act
Section 38-71-1910. This article may be cited as the 'Health Carrier External Review Act'.
Section 38-71-1920. For purposes of this article:
(1) 'Adverse determination' means a determination by a health carrier or its designee that an admission, availability of care, continued stay or other health care service that is a covered benefit has been reviewed and, based upon the information provided:
(a) does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness; or
(b) is experimental or investigational and involves a condition that is life-threatening or seriously disabling, and the requested service or payment for the service is, therefore, denied, reduced, or terminated.
(2) 'Authorized representative' means:
(a) a person to whom a covered person has given express written consent to represent the covered person in an external review;
(b) a person authorized by law to provide substituted consent for a covered person; or
(c) a family member of the covered person or the covered person's treating health care professional when the covered person is unable to provide consent.
(3) 'Clinical review criteria' means the written screening procedures, decision abstracts, clinical protocols, and practice
(4) 'Covered benefits' means those health care services to which a covered person is entitled under the terms of a health benefit plan.
(5) 'Covered person' means an insured, subscriber, enrollee, or other individual entitled to covered benefits under a health benefit plan.
(6) 'Director or his designee' means the Director of the South Carolina Department of Insurance or a person designated by the director.
(7) 'Facility' means an institution providing health care services or a health care setting including, but not limited to, hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory, and imaging centers, and rehabilitation and other therapeutic health settings.
(8) 'Final adverse determination' means an adverse determination involving a covered benefit that has been upheld by a health carrier, or its designee, at the completion of the health carrier's internal appeal process.
(9) 'Health benefit plan' means a policy, contract, or certificate issued by a health carrier that provides benefits consisting of medical care provided directly, through insurance or reimbursement, or otherwise, and including items and services paid for as medical care under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer, except:
(a) coverage only for accident or disability income insurance or any combination of accident and disability income insurance;
(b) coverage issued as a supplement to liability insurance;
(c) liability insurance, including general liability insurance and automobile liability insurance;
(d) workers' compensation or similar insurance;
(e) automobile medical payment insurance;
(f) credit-only insurance;
(g) coverage for on-site medical clinics;
(h) other similar insurance coverage specified in regulations under which benefits for medical care are secondary or incidental to other insurance benefits;
(i) if offered separately:
(i) limited scope dental or vision benefits;
(ii) benefits for long-term care, nursing home care, home health care, community-based care, or any combination of these;
(iii) other similar, limited benefits, as are specified in regulations;
(j) if offered as independent, noncoordinated benefits:
(i) coverage only for a specified disease or illness;
(ii) hospital indemnity or other fixed indemnity insurance;
(k) if offered as a separate insurance policy:
(i) Medicare supplemental health insurance, as defined under Section 1882(g)(1) of the Social Security Act;
(ii) coverage supplemental to the coverage provided under Chapter 55, Title 10 of the United States Code; and
(iii) similar supplemental coverage under a group health plan;
(l) any health benefit plan offered or administered by the State Budget and Control Board.
(10) 'Health care professional' means a physician, dentist, or other person properly licensed, where required, to furnish health care services.
(11) 'Health care provider' or 'provider' means a health care professional or a facility.
(12) 'Health care services' means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(13) 'Health carrier' means an entity that provides health insurance coverage in this State and an insurance company, a health maintenance organization, and any other entity providing health insurance coverage which is licensed to engage in the business of insurance in this State and which is subject to state insurance regulation.
(14) 'Independent review organization' means an entity that conducts independent external reviews of adverse determinations and final adverse determinations.
(15) 'Life-threatening condition or disease' means a condition or disease, which according to the current diagnosis by the covered person's treating physician, has a high probability of causing the covered person's death within three years.
(16) 'Medical and scientific evidence' means:
(a) peer-reviewed scientific studies published in, or accepted for publication by, medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff;
(b) peer-reviewed medical literature, including literature relating to therapies reviewed and approved by a qualified institutional review board, biomedical compendia, and other medical literature that meet the criteria of the National Institute of Health's National Library of Medicine for indexing in Index Medicus, Excerpta Medicus, Medline and Medlars database Health Services Technology Assessment Research;
(c) medical journals recognized by the Secretary of Health and Human Services, under Section 1861 (t)(2) of the federal Social Security Act;
(d) these standard reference compendia: the American Hospital Formulary Service - Drug Information; the American Medical Association Drug Evaluation; the American Dental Association Accepted Dental Therapeutics; and the United States Pharmacopoeia - Drug Information;
(e) findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes, including the federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Health Care Financing Administration, Congressional Office of Technology Assessment, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services.
(17) 'Person' means a corporation, partnership, association, voluntary organization, individual, or any other entity, organization, or aggregation of individuals.
(18) 'Retrospective review' means a review of medical necessity conducted after services have been provided to a patient; this term does not include the review of a claim that is limited to an evaluation of reimbursement levels, veracity of documentation, accuracy of coding, or adjudication for payment.
(19) 'Serious medical condition' means a health condition or illness that requires immediate medical attention, where failure to provide immediate medical attention would result in a serious impairment to bodily functions, serious dysfunction of a bodily organ or part, or would place the person's health in serious jeopardy.
(20) 'Seriously disabling' means a health condition or illness that involves a serious impairment to bodily functions or serious dysfunction of a bodily organ or part.
(21) 'Utilization review' means a system for reviewing the necessary, appropriate, and efficient allocation of health care resources
Section 38-71-1930. (A) Except as provided in subsection (B), this article applies to all health carriers that provide or perform utilization review, including those plans subject to regulation under Chapter 33.
(B) This article does not apply to the administrative services performed on behalf of a self-funded plan subject to the Employee Retirement Income Security Act (ERISA) of 1974.
(C) For purposes of this article, notice to the subscriber or insured entitled to covered benefits under a health benefit plan shall constitute notice to the covered person. This subsection does not affect the health plan's obligations under a court order requiring a parent to provide health coverage pursuant to Section 20-7-1200 et seq.
Section 38-71-1940. (A) A health carrier shall notify the covered person in writing of the right to request an external review and include the appropriate statements and information set forth in subsection (B) at the time the health carrier sends written notice of either an adverse determination or a final adverse determination.
(B)(1) The health carrier shall include in the notice required under subsection (A) a clear and concise description of the right of the covered person to request a standard external review pursuant to Section 38-71-1970 or an expedited external review pursuant to Section 38-71-1980 upon receipt of an adverse determination or a final adverse determination and the circumstances under which the covered person is not required to exhaust the health carrier's internal appeal process or is considered to have exhausted the health carrier's internal appeal process pursuant to Section 38-71-1960.
(2) In addition to the information to be provided pursuant to subsection (B)(1), the health carrier shall include a brief description of both the standard and expedited external review procedures.
(3) As part of any forms provided under subsection (B)(2), the health carrier shall include an authorization form, or other document promulgated or approved by the director or his designee, by which the covered person, for purposes of conducting an external review under this article, authorizes the health carrier to disclose protected health information, including medical records, concerning the covered person that are pertinent to the external review.
(C) A notice, statement, or form required by this section must achieve a score of no lower than 70 on the Flesch Reading East Test and must be printed in no smaller than 12 point type. No part of the notice, statement, or form may be printed in all capitals. A notice,
(D) A notice, statement, or form required by this section must be approved by the Department of Insurance. The director or his designee shall promulgate standard language, in a specified font size and type for any notice, statement, or form required by this section. Use of the standard language in the specified font size and type promulgated by the department pursuant to this section shall constitute compliance with the notice requirements of this section.
Section 38-71-1950. (A) All requests for external review must be made in writing to the health carrier.
(B) A covered person or his authorized representative may make a request for an external review of an adverse determination or final adverse determination only when the amount payable for covered benefits is at least five hundred dollars.
(C) A covered person is not entitled to an external review of a retrospective review determination unless the covered person has exhausted the health carrier's internal appeal process and may be held financially responsible for the covered benefits.
Section 38-71-1960. (A)(1) Except in cases where the covered person's treating physician has certified in writing that the covered person has a serious medical condition, or, where the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational and the covered person's treating physician has provided the certifications required pursuant to Section 38-71-1980, a request for a standard or expedited external review may not be made until the covered person has exhausted the health carrier's internal appeal process.
(2) A covered person is considered to have exhausted the health carrier's internal appeal process for purposes of this section, if the covered person or his authorized representative:
(a) has filed an appeal involving an adverse determination pursuant to the health carrier's internal appeal process; and
(b) the health carrier has not issued a written decision within the timeframes set forth in the health carrier's internal appeals process after receipt of all information necessary to complete the appeal and the covered person or his authorized representative has not agreed to a delay.
(B) A request for an external review of an adverse determination may be made before the covered person has exhausted the health carrier's internal appeal process whenever the health carrier agrees to waive the exhaustion requirement.
(C) If the requirement to exhaust the health carrier's internal appeal process is waived under subsection (B), the covered person or his authorized representative may file a request in writing for an external review.
Section 38-71-1970. (A)(1) Within sixty days after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to Section 38-71-1940, a covered person or his authorized representative may file a request for an external review with the health carrier.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the request for review must include a certification from the covered person's treating physician who must be a licensed physician qualified to practice in the area of medicine appropriate to treat the covered person's condition that:
(a) the covered person has a life-threatening disease or seriously disabling condition; and
(b) at least one of the following situations is applicable:
(i) standard health care services or treatments have not been effective in improving the condition of the covered person;
(ii) standard health care services or treatments are not medically appropriate for the covered person; or
(iii) the recommended or requested service or treatment is more beneficial than the standard health care service or treatment covered by the health carrier; and
(c) medical and scientific evidence using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or final adverse determination is more beneficial to the covered person than available standard health care services or treatments and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatments.
(B)(1) Within five business days from the date the health carrier receives a request for an external review, the health carrier or its designee shall:
(a) assign an independent review organization from the list of approved independent review organizations compiled and maintained pursuant to Section 38-71-2000 to conduct an external review; and
(b) send the documents and any information considered in making the adverse determination or final adverse determination to the independent review organization; or
(c) inform the covered person or his authorized representative in writing that the request does not meet the criteria for external review pursuant to this article and include a statement explaining the reason for nonacceptance and the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee;
(2) Except as provided in subsection (B)(3), failure by the health carrier or its designee to send the documents and information within the time specified in subsection (B)(1) may not delay the conduct of the external review.
(3)(a) If the health carrier or its designee fails to send the documents and information within the time specified in subsection (B)(1), the independent review organization may terminate the external review and make a decision to reverse the adverse determination or final adverse determination.
(b) Immediately upon making the decision under subsection (B)(3)(a), the independent review organization shall notify the covered person or his authorized representative and the health carrier.
(C)(1) Within five business days after receipt of the request for external review from the health carrier, the independent review organization shall determine whether all the information, certifications, and forms required to process an external review, including the release form provided under Section 38-71-1940B(3) have been provided. The independent review organization shall immediately notify the covered person or his authorized representative in writing if additional information is required.
(2) The independent review organization shall include in the notice provided pursuant to subsection (C)(1) a clear statement that the covered person or his authorized representative may submit in writing to the independent review organization within seven business days following the date of receipt of the notice additional information and supporting documentation that the independent review organization shall consider when conducting the external review.
(3) If the request is not:
(a) complete, the independent review organization shall inform the covered person or his authorized representative what information or materials are needed to make the request complete; or
(b) accepted for external review, the independent review organization shall inform the covered person or his authorized representative and the health carrier in writing of the reasons for its nonacceptance.
(D)(1) If a request for external review is accepted for external review, the independent review organization shall notify the health carrier and the covered person or his authorized representative.
(2) In reaching a decision, the independent review organization is not bound by any decisions or conclusions reached during the health carrier's utilization review process, as set forth in Chapter 70, or the health carrier's internal appeal process.
(3) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, at the time a request is accepted for external review pursuant to subsection C(3),
(a) the independent review organization shall:
(i) immediately select a clinical peer review panel pursuant to subsection (D)(3)(b) to conduct the external review; and
(ii) based on the opinions of the clinical peer reviewers on the panel, make a decision to uphold or reverse the adverse determination or final adverse determination.
(b)(i) Notwithstanding the provisions of subsection (D)(3)(b)(ii), the panel shall consist of the number of physicians or other health care professionals considered appropriate by the independent review organization who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(ii) The health carrier may require that the panel consist of at least three physicians or other health care professionals who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(iii) Neither the covered person nor his authorized representative, if applicable, nor the health carrier shall choose or
(c) Each member of the clinical peer review panel shall provide a written opinion to the independent review organization on whether to uphold or reverse the adverse determination or the final adverse determination. Each clinical peer reviewer's opinion shall include a description:
(i) of the covered person's medical condition, which is the subject of the adverse determination or final adverse determination;
(ii) of the indicators relevant to determining whether there is sufficient evidence to demonstrate that the recommended or requested health care service or treatment is more beneficial to the covered person than standard services or treatments and that the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatment; and
(iii) analysis of the medical and scientific evidence used in making the determination.
(E)(1) The independent review organization shall review all of the information and documents received from the health carrier and any other information submitted in writing to the independent review organization by the covered person or his authorized representative.
(2) Upon receipt of any information submitted by the covered person or his authorized representative pursuant to subsection (C)(2), the independent review organization immediately shall forward the information to the health carrier.
(F)(1) The health carrier may reconsider its adverse determination or final adverse determination at any time.
(2) Reconsideration by the health carrier may not delay or terminate the external review.
(3) The health carrier may terminate the external review only if the health carrier reverses its adverse determination or final adverse determination.
(4)(a) within five business days of making the decision to reverse its adverse determination or final adverse determination, as provided in subsection (F)(3), the health carrier shall send written notice to the covered person or his authorized representative and the independent review organization.
(b) the independent review organization shall terminate the external review upon receipt of the notice from the health carrier sent pursuant to subsection (F)(4)(a).
(G) In addition to the documents and information provided or transmitted pursuant to this section, the independent review organization, to the extent the information or documents are available and the independent review organization considers them appropriate, shall consider the following in reaching a decision:
(1) the covered person's relevant medical records;
(2) the treating health care provider's recommendation;
(3) consulting reports from appropriate health care professionals and other documents submitted by the health carrier, covered person, his authorized representative, or the covered person's treating provider;
(4) the most appropriate practice guidelines, which may include generally accepted practice guidelines, evidence-based practice guidelines, or any other practice guidelines developed by the federal government or national or professional medical societies, boards, and associations;
(5) any applicable clinical review criteria developed and used by the health carrier or its designee; and
(6) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, whether:
(a) the recommended or requested health care service or treatment has been approved by the Federal Food and Drug Administration; or
(b) medical and scientific evidence demonstrates that the expected benefits of the recommended or requested health care service or treatment would be greater than the benefits of any available standard service or treatment and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of standard services or treatments.
(H)(1) Within forty-five days after the date of receipt of the request for an external review by the health carrier, the independent review organization shall provide written notice of its decision to uphold or reverse the adverse determination or the final adverse determination to the covered person or his authorized representative and the health carrier.
(2) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the independent review organization shall make a decision to uphold or reverse the health carrier's adverse determination
(3) The independent review organization shall include in the notice sent pursuant to subsection (H)(1):
(a) a general description of the reason for the request for external review;
(b) the date the independent review organization received the assignment from the health carrier;
(c) the date the external review was conducted, if appropriate;
(d) the date of its decision;
(e) the principal reason or reasons for its decision;
(f) the rationale for its decision;
(g) references to the evidence or documentation, including the practice guidelines, considered in reaching its decision; and
(h) the written opinions of the clinical peer review panel, if any.
(4) Within five business days of receipt of a notice of a decision pursuant to subsection (H)(1) reversing the adverse determination or final adverse determination, the health carrier shall approve the covered benefit that was the subject of the adverse determination or final adverse determination, subject to applicable contract exclusions, limitations, or other provisions.
(I) The assignment by a health carrier of an approved independent review organization to conduct an external review in accordance with this section must be fair and impartial. The health carrier and the independent review organization shall comply with standards promulgated by the director or his designee by regulation or bulletin to ensure fairness and impartiality in the assignment by health carriers of approved independent review organizations to conduct external reviews, including its term, its termination, and payment arrangement.
Section 38-71-1980. (A)(1) Within fifteen days after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to Section 38-71-1940, a covered person or his authorized representative may file a request for an expedited external review with the health carrier at the time the covered person receives:
(a) an adverse determination if the covered person's treating physician has certified that the covered person has a serious medical condition;
(b) a final adverse determination if:
(i) the covered person's treating physician has certified that the covered person has a serious medical condition; or
(ii) the final adverse determination concerns an admission, availability of care, continued stay, or health care service for which the covered person received emergency medical care, as defined in Section 38-71-1520(2), but has not been discharged from a facility, if the covered person may be held financially responsible for the emergency medical care.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the request for review must include a certification from the covered person's treating physician who must be a licensed physician qualified to practice in the area of medicine appropriate to treat the covered person's condition that:
(a) the covered person has a life-threatening disease or seriously disabling condition; and
(b) at least one of the following situations is applicable:
(i) standard health care services or treatments have not been effective in improving the condition of the covered person;
(ii) standard health care services or treatments are not medically appropriate for the covered person; or
(iii) the recommended or requested service or treatment is more beneficial than the standard health care service or treatment covered by the health carrier; and
(c) medical and scientific evidence using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or final adverse determination is more beneficial to the covered person than available standard health care services or treatments and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatments; and
(B)(1) At the time the health carrier receives a request for an expedited external review, the health carrier or its designee as expeditiously as reasonably possible shall:
(a) assign an independent review organization from the list of approved independent review organizations compiled and maintained pursuant to Section 38-71-2000 to conduct the expedited external review; and
(b) send all the documents and any information considered in making the adverse determination or final adverse determination to the
(c) inform the covered person or his authorized representative that the request does not meet the criteria for external review pursuant to this article and include a statement of the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee.
(2) Except as provided in subsection (B)(3), failure by the health carrier or its designee to send the documents and information within the time specified in subsection (B)(1) may not delay the conduct of the external review.
(3)(a) If the health carrier or its designee fails to send the documents and information within the time specified in subsection (B)(1), the independent review organization may terminate the external review and make a decision to reverse the adverse determination or final adverse determination.
(b) Immediately upon making the decision under subsection (B)(3)(a), the independent review organization shall notify the covered person or his authorized representative and the health carrier.
(C)(1) In reaching a decision, the independent review organization is not bound by any decisions or conclusions reached during the health carrier's utilization review process, as set forth in Chapter 70, or the health carrier's internal appeal process.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational,
(a) the independent review organization shall:
(i) immediately select a clinical peer review panel pursuant to subsection (C)(2)(b) to conduct the external review; and
(ii) based on the opinions of the clinical peer reviewers on the panel, make a decision to uphold or reverse the adverse determination or final adverse determination.
(b)(i) notwithstanding the provisions of subsection (C)(2)(b)(ii), the panel shall consist of the number of physicians or other health care professionals, considered appropriate by the independent review organization, who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(ii) The health carrier may require that the panel consist of at least three physicians or other health care professionals who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(iii) Neither the covered person nor his authorized representative, if applicable, nor the health carrier shall choose or control the choice of the physicians or other health care professionals to be selected for the clinical peer review panel.
(c) Each member of the clinical peer review panel shall provide an opinion to the independent review organization on whether to uphold or reverse the adverse determination or the final adverse determination. Each clinical peer reviewer's opinion shall include a description:
(i) of the covered person's medical condition, which is the subject of the adverse determination or final adverse determination;
(ii) of the indicators relevant to determining whether there is sufficient evidence to demonstrate that the recommended or requested health care service or treatment is more beneficial to the covered person than standard services or treatments and that the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatment; and
(iii) analysis of the medical and scientific evidence used in making the determination.
(D) In addition to the documents and information provided or transmitted pursuant to this section, the independent review organization, to the extent the information or documents are available and the independent review organization considers them appropriate, shall consider the following in reaching a decision:
(1) the covered person's relevant medical records;
(2) the treating health care provider's recommendation;
(3) consulting reports from appropriate health care professionals and other documents submitted by the health carrier, covered person, his authorized representative, or the covered person's treating provider;
(4) the most appropriate practice guidelines, which may include generally accepted practice guidelines, evidence-based practice guidelines, or any other practice guidelines developed by the federal government or national or professional medical societies, boards, and associations;
(5) any applicable clinical review criteria developed and used by the health carrier or its designee; and
(6) if adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, whether:
(a) the recommended or requested health care service or treatment has been approved by the federal Food and Drug Administration; or
(b) medical and scientific evidence demonstrates that the expected benefits of the recommended or requested health care service or treatment would be greater than the benefits of any available standard service or treatment and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of standard services or treatments.
(E)(1) The health carrier may reconsider its adverse determination or final adverse determination at any time.
(2) Reconsideration by the health carrier may not delay or terminate the external review.
(3) The health carrier may terminate the external review only if the health carrier reverses its adverse determination or final adverse determination.
(4)(a) As expeditiously as reasonably possible upon making the decision to reverse its adverse determination or final adverse determination, as provided in subsection (E)(3), the health carrier shall send notice to the covered person or his authorized representative and the independent review organization.
(b) The independent review organization shall terminate the external review upon receipt of the notice from the health carrier sent pursuant to subsection (E)(4)(a).
(F)(1) As expeditiously as reasonably possible, but in no event more than three business days after the date of receipt of the request for an expedited external review by the health carrier, the independent review organization shall provide notice of its decision to uphold or reverse the adverse determination or the final adverse determination to the:
(a) covered person or his authorized representative; and
(b) health carrier.
(2) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the independent review organization shall make a
(3) If the notice provided pursuant to subsection (H)(1) was not in writing, within two days after the date of providing that notice, the independent review organization shall:
(a) provide written confirmation of the decision to the covered person or his authorized representative and the health carrier; and
(b) include the information set forth in Section 38-71-1970(H)(3).
(4) As expeditiously as reasonably possible after receipt of the notice a decision pursuant to subsection (H)(1) reversing the adverse determination or final adverse determination, the health carrier shall approve the covered benefit that was the subject of the adverse determination or final adverse determination, subject to applicable contract exclusions, limitations, or other provisions.
(G) The assignment by a health carrier of an approved independent review organization to conduct an external review in accordance with this section must be fair and impartial. The health carrier and the independent review organization shall comply with standards promulgated by the director or his designee by regulation or bulletin to ensure fairness and impartiality in the assignment by health carriers of approved independent review organizations to conduct external reviews, including its term, its termination, and payment arrangement.
Section 38-71-1990. (A) An external review decision is binding on the health carrier.
(B) An external review decision is binding on the covered person except to the extent the covered person has other remedies available under applicable federal or state law. If such other remedies are available, the covered person or his authorized representative may not, in these proceedings, utilize, disclose, or introduce in evidence information generated during or findings reached by the independent review organization.
(C) A covered person or his authorized representative may not file a subsequent request for external review involving the same adverse determination or final adverse determination.
Section 38-71-2000. (A) The director or his designee shall approve independent review organizations eligible to be assigned to conduct external reviews to ensure that an independent review organization
(B) The director or his designee shall develop an application form for initially approving and for reapproving independent review organizations to conduct external reviews and may establish an advisory committee with appropriate representation to review the applications. No member of the advisory committee may be liable to any person for any acts or omissions arising out of or related to the approval or reapproval of independent review organizations pursuant to this act.
(C)(1) An independent review organization wishing to be approved to conduct external reviews under this article shall submit the application form and include with the form all documentation and information necessary for the director or his designee to determine if the independent review organization satisfies the minimum qualifications established under Section 38-71-2010.
(2) The director or his designee may charge an application fee that independent review organizations shall submit to the director or his designee with an application for approval and reapproval.
(D)(1) Except as provided in subsection (D)(2), an approval is effective for two years.
(2) The independent review organization must notify the director or his designee of any material changes in qualifications, including removal or loss of accreditation by a nationally recognized private accrediting entity, approved by the director or his designee pursuant to subsection (E). Whenever the director or his designee determines that an independent review organization no longer satisfies the minimum requirements established under Section 38-71-2010 or has violated a provision of this article, the director or his designee shall terminate the approval of the independent review organization and remove the independent review organization from the list of independent review organizations approved to conduct external reviews under this article that is maintained by the director or his designee pursuant to subsection (F).
(E) An independent review organization accredited by a nationally recognized private accrediting entity with established and maintained standards for independent review organizations that meet the minimum qualifications established pursuant to Section 38-71-2010, which accrediting entity has been approved by the director or his designee, may be deemed to meet the minimum qualification requirements set forth in Section 38-71-2010.
(F) The director or his designee shall maintain and periodically update a list of approved independent review organizations and approved nationally recognized private accrediting entities.
(G) The director or his designee may promulgate regulations or bulletins to carry out the provisions of this section.
Section 38-71-2010. (A) To be approved under Section 38-71-2000 to conduct external reviews, an independent review organization shall have and maintain written policies and procedures that govern all aspects of both the standard external review process and the expedited external review process set forth in Sections 38-71-1970 and 38-71-1980 that include, at a minimum:
(1) a quality assurance mechanism in place that ensures:
(a) that external reviews are conducted within the specified time frames and required notices are provided in a timely manner;
(b) the selection of qualified and impartial clinical peer reviewers to conduct external reviews on behalf of the independent review organization and suitable matching of reviewers to specific cases;
(c) the confidentiality of medical and treatment records and clinical review criteria; and
(d) that any person employed by or under contract with the independent review organization adheres to the requirements of this article;
(2) a toll-free telephone service to receive information on a 24-hour-day, 7-day-a-week basis related to external reviews that is capable of accepting, recording, or providing appropriate instruction to incoming telephone callers during other than normal business hours; and
(3) agree to maintain and provide to the director or his designee the information set out in Section 38-71-2030.
(B) All clinical peer reviewers assigned by an independent review organization to conduct external reviews must be physicians or other appropriate health care providers who:
(1) are knowledgeable about the recommended health care service or treatment through recent or current actual clinical experience treating patients with the same or similar medical condition of the covered person; and
(2) hold a nonrestricted license in a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of the external review.
(C) In addition to the requirements set forth in subsection (A), an independent review organization may not own or control, be a subsidiary of or in any way be owned or controlled by, or exercise control with a health benefit plan, a national, state, or local trade association of health benefit plans, or a national, state, or local trade association of health care providers.
(D)(1) In addition to the requirements set forth in subsections (A), (B), and (C), to be approved pursuant to Section 38-71-2000 to conduct an external review of a specified case, neither the independent review organization selected to conduct the external review nor any clinical peer reviewer assigned by the independent review organization to conduct the external review may have a material professional, familial, or financial conflict of interest with:
(a) the health carrier that is the subject of the external review;
(b) the covered person whose treatment is the subject of the external review or his authorized representative;
(c) any officer, director, or management employee of the health carrier that is the subject of the external review;
(d) the health care provider or the health care provider's medical group or independent practice association recommending the health care service or treatment that is the subject of the external review;
(e) the facility at which the recommended health care service or treatment would be provided; or
(f) the developer or manufacturer of the principal drug, device, procedure, or other therapy being recommended for the covered person whose treatment is the subject of the external review.
Section 38-71-2020. No independent review organization, or employee, officer, or director of an independent review organization or health care professional who furnishes services to an independent review organization is liable to any person for any acts or omissions arising out of or related to an external review conducted pursuant to this article, except for cases of wilful and intentional misconduct.
Section 38-71-2030. (A)(1) An independent review organization assigned pursuant to Section 38-71-1970 or Section 38-71-1980 to conduct an external review shall maintain written records in the aggregate and by health carrier on all requests for external review for which it conducted an external review during a calendar year and submit a report to the director or his designee, as required under subsection (A)(2).
(2) Each independent review organization required to maintain written records on all requests for external review pursuant to subsection (A)(1) for which it was assigned to conduct an external review shall submit to the director or his designee, no later than March first of each year and upon request by the director or his designee, a report in the format specified by the director or his designee.
(3) The report shall include in the aggregate and for each health carrier:
(a) the total number of requests for external review and the manner in which they were resolved;
(b) the average length of time for resolution;
(c) a summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the director or his designee; and
(d) any other information the director or his designee may request or require.
(4) The independent review organization shall retain the written records required pursuant to this subsection for at least three years.
(B)(1) Each health carrier shall maintain written records in the aggregate and for each general type of health benefit plan offered by the health carrier on all requests for external review that are filed with the health carrier during a calendar year.
(2) Each health carrier required to maintain written records on all requests for external review pursuant to subsection (B)(1) shall submit to the director or his designee, no later than March first of each year and upon request by the director or his designee, a report in the format specified by the director or his designee.
(3) The report shall include in the aggregate and by type of health benefit plan:
(a) the total number of requests for external review and the manner in which they were resolved;
(b) the average length of time for resolution;
(c) a summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the director or his designee; and
(d) any other information the director or his designee may request or require.
(4) The health carrier shall retain the written records required pursuant to this subsection for at least three years.
(C) The director or his designee shall make the reports required in this section available to any person for inspection and copying upon request.
Section 38-71-2040. The health carrier shall pay for the external review.
Section 38-71-2050. (A) Each health carrier shall include a description of the external review procedures in either the policy, certificate, membership booklet, outline of coverage, or other evidence of coverage it provides to covered persons.
(B) The description required under subsection (A) shall include a statement of the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee.
(C) In addition to subsection (B), the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review.
Section 38-71-2060. The director or his designee may, after notice, promulgate reasonable regulations or bulletins to carry out the provisions of this article."
B. If any provision of this act, or the application of the provision to any person or circumstance is held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
C. For individual health benefit plans, this SECTION is effective January 1, 2002. For group health benefit plans, this SECTION is effective for plan years beginning after December 31, 2001. Sections 38-71-2000, 38-71-2010, and 38-71-2060 of the 1976 Code are effective upon approval by the Governor. The South Carolina Department of Insurance may, prior to the effective date of this act, review any policies and filings necessary to implement the provisions of this SECTION in order to transition into any additional or altered requirement provided by this SECTION. Any action of the South Carolina Department of Insurance to implement this SECTION before January 1, 2002, is subject to the provisions, requirements, and law of this SECTION effective on January 1, 2002.
SECTION ___. Except as otherwise provided, this act takes effect ninety days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
Senator FORD rose for an Expression of Personal Interest.
At 3:07 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed ten minutes.
At 3:17 P.M., the Senate resumed.
Senator FORD was recognized to speak on H. 4199.
H. 4199 (Word version) -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY FOR PUBLIC BEACHES IN THE UNINCORPORATED AREA OF THE COUNTY, TO PROVIDE THAT THE MUNICIPALITIES AND COUNTY MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY AND THE GOVERNING BODY OF HORRY COUNTY HAVE THE AUTHORITY TO MAKE CHARGES AND GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES IN RESPECTIVELY THE MUNICIPALITY AND IN THE UNINCORPORATED AREA OF THE COUNTY, AND TO PROVIDE THAT THIS ACT DOES NOT MAKE, ALTER, OR ABROGATE CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
Senator GLOVER asked unanimous consent to make a motion to request the return of the Bill from the House.
Senator LAND objected.
Senator FORD spoke on H. 4199.
Senator RANKIN spoke on H. 4199.
Senator LEVENTIS asked unanimous consent to make a motion to request the return of the Bill from the House.
Senator RANKIN objected.
Senator MOORE insisted on the Order of the Day.
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.
Senator WILSON asked unanimous consent to request the return of the Bill from the House.
There was no objection.
The House returned the Bill, as requested by the Senate.
The Senate proceeded to a consideration of the Bill.
Senators WILSON and SETZLER proposed the following amendment (JUD0705.002), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 6, by striking SECTION 5 in its entirety and inserting therein the following:
/ SECTION 5. The Department of Transportation must erect appropriate signs along Pine Ridge Drive (S-103) and along Fish Hatchery Road from Highway 321 until the intersection with Pine Ridge Drive in Lexington County that inform motorists that through truck traffic is prohibited along this roadway. However, truck traffic to or from mineral mines, mineral pits, or mineral processing facilities
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
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. 10 (JUD0003.016) proposed by Senator RANKIN and previously printed in the Journal of May 30, 2000.
Senator FORD spoke on the Bill.
At 4:47 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.
At 4:53 P.M., the Senate resumed.
Senator FORD continued speaking on the Bill.
At 5:14 P.M., Senator MOORE assumed the Chair.
Senator FORD continued arguing contra to the Bill.
Debate was interrupted by the Ratification of Acts, Senator FORD retaining the floor.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 31, 2000, at 5:15 P.M. and the following Acts and Joint Resolutions were ratified:
(R362, S. 44 (Word version)) -- Senators Jackson, Elliott, Wilson, Washington and Reese: AN ACT TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CHARGE A FEE NOT TO EXCEED EIGHT DOLLARS FOR A CRIMINAL RECORD SEARCH CONDUCTED PURSUANT TO THIS ARTICLE AND RELATED REGULATIONS CONTAINED IN SUBARTICLE 1, ARTICLE 3, CHAPTER 73 OF THE CODE OF REGULATIONS, IF THE CRIMINAL RECORD SEARCH IS CONDUCTED FOR A CHARITABLE ORGANIZATION OR FOR THE USE OF A CHARITABLE ORGANIZATION.
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(R363, S. 389 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL AND PERSONAL PROPERTY OF A DEBTOR THAT IS EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ANY MESNE OR FINAL PROCESS ISSUED BY ANY COURT OR BANKRUPTCY PROCEEDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN DISABILITY BENEFITS SUBJECT TO CERTAIN COURT ORDERED LEVIES OR EXECUTION OF JUDGMENTS; BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FOR DISABILITY BENEFITS OF A DEBTOR FROM ATTACHMENT, LEVY, AND SALE UNDER ANY MESNE OR FINAL PROCESS ISSUED BY
(R364, S. 518 (Word version)) -- Senators Land, McGill, Saleeby, Hayes, Moore, Rankin, Gregory, Peeler and Reese: AN ACT TO AMEND SECTION 12-51-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT INTEREST ON THE WHOLE AMOUNT OF THE TAX SALE BID IS AT THE RATE OF THREE, SIX, NINE, OR TWELVE PERCENT, RISING FOR EACH THREE MONTHS OF THE REDEMPTION PERIOD RATHER THAN A RATE OF EIGHT OR TWELVE PERCENT ON THE WHOLE AMOUNT REGARDLESS OF WHEN THE PROPERTY IS REDEEMED, AND TO PROVIDE THAT INTEREST DUE MUST NOT EXCEED THE BID ON THE PROPERTY SUBMITTED BY THE FORFEITED LAND COMMISSION.
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(R365, S. 560 (Word version)) -- Senator Alexander: AN ACT TO AMEND TITLE 40, CHAPTER 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS.
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(R366, S. 732 (Word version)) -- Senators Leventis, Courson and Grooms: AN ACT TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS,
(R367, S. 771 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT NO POLLING PLACE MAY EMPLOY MORE THAN ONE SIXTEEN OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER.
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(R368, S. 916 (Word version)) -- Senators Courson, Setzler, Giese, Hayes, J. Verne Smith, Wilson, Branton and Reese: AN ACT TO AMEND SECTION 16-3-652, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELEMENTS OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO CHANGE A REFERENCE TO A CONTROLLED SUBSTANCE USED TO CAUSE ONE TO BE MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS AS A VICTIM OF CRIMINAL SEXUAL CONDUCT; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO CONTROLLED SUBSTANCES, SO AS TO DEFINE THE TERM "CONTROLLED SUBSTANCE ANALOGUE"; TO AMEND SECTIONS 44-53-190 AND 44-53-230, RELATING TO SCHEDULE I AND III CONTROLLED SUBSTANCES, RESPECTIVELY, SO AS TO ADD GAMMA HYDROXYBUTYRIC ACID AS A SCHEDULE I AND II CONTROLLED SUBSTANCE HAVING A DEPRESSANT EFFECT; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO UNLAWFUL ACTS CONCERNING CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO, AMONG OTHER THINGS, MANUFACTURE OR DISTRIBUTE A CONTROLLED SUBSTANCE ANALOGUE AND TO MAKE IT UNLAWFUL TO POSSESS A CERTAIN AMOUNT OF GAMMA HYDROXYBUTYRIC ACID OR A CONTROLLED SUBSTANCE ANALOGUE OF SUCH ACID AND TO PROVIDE PENALTIES
(R369, S. 935 (Word version)) -- Senator Alexander: AN ACT TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE THAT A FIRE DEPARTMENT MAY COMPLY WITH THE REGISTRATION REQUIREMENTS IF ANNUALLY THE LOCAL GOVERNING BODY SINGLY REGISTERS AND PAYS A SINGLE ANNUAL FEE FOR MULTIPLE FIRE DEPARTMENTS WITHIN ITS JURISDICTION, AND TO REQUIRE THAT AN INDIVIDUAL FIRE DEPARTMENT KEEP
(R370, S. 951 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTIONS 36-9-301, 36-9-312, AND 36-9-313, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ESTABLISHING PRIORITY OF A PURCHASE MONEY SECURITY INTEREST IN CERTAIN TYPES OF COLLATERAL, SO AS TO INCREASE THE "GRACE PERIOD" FOR FILING FROM TEN DAYS TO TWENTY DAYS.
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(R371, S. 958 (Word version)) -- Senators Giese and Hayes: AN ACT TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO FURTHER CLARIFY THE BOARD'S AUTHORITY TO ISSUE PERMITS; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86 RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, FEES, AND DISPENSING DRUGS UNDER CERTAIN CIRCUMSTANCES, SO AS, RESPECTIVELY, TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER, TO ESTABLISH FEES IN STATUTE RATHER THAN IN REGULATION, AND TO AUTHORIZE PHYSICIANS IN CHARGE OF ATHLETIC DEPARTMENT TRAINING ROOMS TO DISPENSE CERTAIN DRUGS OWNED BY THE FACILITY; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF
(R372, S. 975 (Word version)) -- Senators Short, Hayes, O'Dell, McGill, Passailaigue, McConnell and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 125 OF TITLE 59, RELATING TO WINTHROP UNIVERSITY SO AS TO PROVIDE FOR WINTHROP UNIVERSITY ATHLETIC FACILITIES BONDS, TO DESIGNATE SECTIONS 59-121-10 THROUGH 59-121-80, RELATING TO THE CITADEL, AS ARTICLE 1, CHAPTER 121 OF TITLE 59, TITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 TO CHAPTER 121 OF TITLE 59, RELATING TO THE CITADEL SO AS TO PROVIDE FOR CITADEL ATHLETIC FACILITIES BONDS.
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(R373, S. 1041 (Word version)) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson, Passailaigue, Bryan, Hutto, Courson, Richardson, Ravenel, Washington, Giese and Short: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-760 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN, AS OF JANUARY 1, 2002, TO PROVIDE COVERAGE FOR TREATMENT OF MEDICALLY NECESSARY MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A
(R374, S. 1048 (Word version)) -- Senator Moore: AN ACT TO AMEND CHAPTER 3, TITLE 53 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-120, SO AS TO ESTABLISH THE THIRD SATURDAY IN FEBRUARY EACH YEAR AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.
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(R375, S. 1062 (Word version)) -- Senators Ravenel, Leatherman, Passailaigue, Leventis, Branton, Hutto, Bryan, McConnell, Saleeby, McGill, Moore, Giese, Elliott, Patterson, Washington, Mescher and Peeler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-365 SO AS TO PROVIDE THAT NO REGIONAL CENTER OPERATED BY THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MAY BE CLOSED EXCEPT AS AUTHORIZED BY THE GENERAL ASSEMBLY BY LAW IN AN ENACTMENT THAT SPECIFIES BY NAME THE REGIONAL CENTER TO BE CLOSED.
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(R376, S. 1129 (Word version)) -- Senators Leventis, Hutto, Courson, Waldrep, Moore, Hayes, Ravenel, Bryan, McConnell, Grooms, Richardson, Passailaigue and Matthews: AN ACT TO ENACT THE "ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT IMPLEMENTATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, SO AS TO PROVIDE A STATUTORY BASIS FOR SOUTH CAROLINA'S MEMBERSHIP IN THE ATLANTIC LOW-LEVEL RADIOACTIVE WASTE COMPACT; TO SPECIFY CONDITIONS PRECEDENT TO SOUTH CAROLINA'S MEMBERSHIP; TO AUTHORIZE AND PROVIDE PROCEDURES AND POLICIES NECESSARY TO ACHIEVE STATE OBJECTIVES WITH RESPECT TO THE COMPACT, INCLUDING STATE APPROVAL OF DISPOSAL RATES AND PROCEDURES FOR IDENTIFYING ALLOWABLE OPERATING COSTS SO AS TO DETERMINE REVENUES DUE TO THE STATE FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL; TO PROVIDE FOR THE APPOINTMENT OF THE STATE'S COMMISSIONERS TO THE COMPACT COMMISSION AND TO PROVIDE POLICIES APPLICABLE TO VOTING BY THE COMMISSIONERS; TO INCORPORATE BY REFERENCE THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT INTO THIS ACT; TO AMEND SECTION 13-7-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ATOMIC ENERGY AND RADIATION CONTROL ACT SO AS TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO VARIOUS DUTIES OF THE BUDGET AND CONTROL BOARD INCLUDING DUTIES PERTAINING TO ASSESSMENTS, SURCHARGES, AND PENALTY CHARGES ON NONSITED WASTE RECEIVED AT THE REGIONAL DISPOSAL FACILITY SO AS TO DELETE THESE PROVISIONS; TO REPEAL, EFFECTIVE JULY 1, 2000, CERTAIN PROVISIONS OF SECTION 48-48-140, RELATING TO THE IMPOSITION AND DISTRIBUTION OF TAXES ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AND TO REPEAL THE REMAINING PROVISIONS OF CHAPTER 48, TITLE 48, RELATING TO THE MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, EFFECTIVE UPON THE STATE JOINING THE NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND TO
(R377, S. 1166 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 38-53-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL REQUIREMENTS THAT MUST BE MET AND THE EXAMINATION THAT MUST BE COMPLETED BY AN APPLICANT TO BECOME A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, SO AS TO PROVIDE THAT A PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER WHO IS MORE THAN SIXTY YEARS OF AGE AND WHO HAS AT LEAST TWENTY YEARS OF LICENSURE IS EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENTS CONTAINED IN THIS PROVISION.
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(R378, S. 1169 (Word version)) -- Senator Giese: AN ACT TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICIAN ASSISTANTS, TO ESTABLISH A PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO PHYSICIAN ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR A PHYSICIAN ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS, PROCEDURES FOR ESTABLISHING SCOPE OF
(R379, S. 1322 (Word version)) -- Senators Holland and Giese: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
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(R380, S. 1340 (Word version)) -- Senators Ravenel, Mescher and McConnell: AN ACT TO AMEND ARTICLE 11, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, BY ADDING SECTIONS 50-5-1102, SO AS TO PROVIDE THAT CERTAIN PERSONS MAY NOT OBTAIN OR HOLD A SHRIMP BAITING LICENSE EFFECTIVE JULY 1, 2000, AND SECTION 50-5-1110, SO AS TO PROVIDE THAT, EFFECTIVE JULY 1, 2002, WHEN TAKING SHRIMP OVER BAIT, NO CAST NET MAY BE
(R381, S. 1359 (Word version)) -- Senator Land: AN ACT 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 THE PORTIONS OF LAKE MARION KNOWN AS POTATO CREEK OR WYBOO CREEK WITHIN TWO HUNDRED YARDS OF A DWELLING OR MARINA WITHOUT WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, TO PROHIBIT BAITING IN THESE PORTIONS OF LAKE MARION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R382, H. 3186 (Word version)) -- Reps. Harrell and Knotts: AN ACT TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.
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(R383, H. 3475 (Word version)) -- Reps. Limehouse, Cotty, Knotts, Lucas, W. McLeod, Meacham-Richardson, Rhoad, Sharpe, Trotter and Whipper: AN ACT TO AMEND ARTICLE 17, CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS IN CONNECTION WITH FINFISH AND CRUSTACEANS, BY ADDING SECTION 50-5-1711 SO AS TO ESTABLISH LIMITS ON TAKING DOLPHIN GAME FISH, CORYPHAENA HIPPARUS, ALSO KNOWN AS DORADO OR MAHIMAHI, AND TO PROHIBIT THE HARVEST OR POSSESSION OF THE AQUATIC "GRASS" SARGASSUM, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R384, H. 3553 (Word version)) -- Rep. Campsen: AN ACT TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE
(R385, H. 3925 (Word version)) -- Rep. Sharpe: AN ACT TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLY" TO "WATER SYSTEM", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEM CLASSIFICATIONS, TO ESTABLISH WATER DISTRIBUTION SYSTEM CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION; AND TO AMEND SECTION 40-23-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND ADD DEFINITIONS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION REQUIREMENTS FOR VARIOUS ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REQUIRE A WELL DRILLER TO FURNISH PROOF OF A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO FURTHER PROVIDE FOR LICENSURE, INCLUDING RENEWAL REQUIREMENTS AND GRANDFATHER PROVISIONS; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE BOND REQUIREMENTS; BY ADDING SECTION 40-23-300 SO AS TO PROVIDE CERTIFICATION CLASSIFICATIONS FOR
(R386, H. 4205 (Word version)) -- Rep. Stille: AN ACT TO AMEND SECTION 59-101-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEANS' COMMITTEE ON MEDICAL DOCTOR EDUCATION, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE DEANS' COMMITTEE ON MEDICAL EDUCATION, TO REVISE THE MEMBERSHIP OF THE COMMITTEE, THE MANNER IN WHICH THE CHAIRMAN IS SELECTED, AND THE FUNCTIONS OF THE COMMITTEE.
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(R387, H. 4349 (Word version)) -- Reps. Bailey and Littlejohn: AN ACT TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.
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(R388, H. 4467 (Word version)) -- Reps. Cato and Tripp: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES INCLUDING, AMONG OTHER THINGS, THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION,
(R389, H. 4685 (Word version)) -- Rep. W. McLeod: AN ACT TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
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(R390, H. 4743 (Word version)) -- Reps. D. Smith and Rodgers: AN ACT TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF
(R391, H. 4881 (Word version)) -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-5-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP TRAWLS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HAVE ON BOARD OR TO TRAWL WITH ANY TRAWL HAVING A TOTAL FOOT ROPE LENGTH GREATER THAN TWO HUNDRED TWENTY FEET, TO PROVIDE FOR CERTAIN EXCEPTIONS, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS SECTION.
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(R392, H. 4939 (Word version)) -- Reps. Cato, Tripp and Sharpe: AN ACT TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 16, SO AS TO ESTABLISH PROCEDURES FOR A COMPANY TO OFFER PREPAID LEGAL SERVICES INCLUDING REGISTRATION WITH THE DEPARTMENT OF CONSUMER AFFAIRS, OBTAINING APPROVAL OF CONTRACTS OFFERING SUCH SERVICES, AND TO PROVIDE ADMINISTRATIVE PENALTIES; BY AMENDING SECTION 38-1-
(R393, H. 4970 (Word version)) -- Reps. Battle and M. Hines: AN ACT TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.
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(R394, H. 5024 (Word version)) -- Rep. Campsen: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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(R395, H. 5063 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, AND ENDING JUNE 30, 2001.
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(R396, H. 5070 (Word version)) -- Reps. Emory and J.M. Neal: AN ACT TO TRANSFER THE DUTIES OF THE REGISTER OF DEEDS PERFORMED BY THE CLERK OF COURT FOR LANCASTER
(R397, H. 5080 (Word version)) -- Rep. Sheheen: AN ACT TO PROVIDE THAT THE CAMDEN HISTORICAL COMMISSION OF KERSHAW COUNTY IS AUTHORIZED TO DEED ITS PROPERTIES TO THE HISTORIC CAMDEN FOUNDATION; TO INSTRUCT THE CLERK OF COURT OF KERSHAW COUNTY TO ENTER IN THE REAL ESTATE INDEX THE CHANGE OF OWNERSHIP OF THE COMMISSION'S PROPERTIES; TO ABOLISH THE CAMDEN HISTORICAL COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND RESPONSIBILITIES UPON THE HISTORIC CAMDEN FOUNDATION AND TO REPEAL ACT 308 OF 1969, RELATING TO THE CAMDEN HISTORICAL COMMISSION, ALL ON JUNE 30, 2000.
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(R398, H. 5101 (Word version)) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED NINETY-SIX THOUSAND NINE HUNDRED AND SEVENTEEN DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
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(R399, H. 5102 (Word version)) -- Rep. Haskins: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-THREE THOUSAND THREE HUNDRED FORTY-FOUR DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN HORRY COUNTY.
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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 resumed consideration of the Bill. The question being the adoption of Amendment No. 10 (JUD0003.016) proposed by Senator RANKIN and previously printed in the Journal of May 30, 2000.
Senator FORD continued arguing contra to the Bill.
At 5:33 P.M., the PRESIDENT assumed the Chair.
Senator FORD continued arguing contra to the Bill.
Senator McCONNELL asked unanimous consent to make a motion, with Senator FORD retaining the floor, to carry over the Bill.
Senator HUTTO objected.
Senator FORD continued arguing contra to the Bill.
With Senator FORD retaining the floor, Senator MOORE asked unanimous consent to make a motion to carry over the Bill.
There was no objection.
On motion of Senator MOORE, with unanimous consent, debate was interrupted, with Senator FORD retaining the floor.
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
The House returned the Bill with amendments.
On motion of Senator WILSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS, AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS, AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
The House returned the Bill with amendments.
Senator LEVENTIS explained the Bill.
On motion of Senator LEVENTIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR
The House returned the Bill with amendments.
Senator MOORE explained the Bill.
On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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 House returned the Bill with amendments.
On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill. The question being concurrence in the House amendments.
Senator RYBERG proposed the following amendment (JUD1145.001), which was adopted:
Amend the bill, as and if amended, page 2, line 29, in Section 23-3-65, as contained in SECTION 2, by striking line 29 in its entirety and inserting therein the following:
/ consultation with the professional staff of the SC LEAP and the South Carolina Law Enforcement Chaplains' Association, the South/
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
asks for a Committee of Conference, and has appointed Reps. Young-Brickell, Law and Dantzler to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 4849 (Word version) -- Rep. Askins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 49 SO AS TO ENACT THE "FIREFIGHTER MOBILIZATION ACT OF 2000".
Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, O'DELL and GREGORY to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
Very respectfully,
Speaker of the House
Received as information.
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
On motion of Senator PEELER, the Senate insisted upon its amendments to H. 4295 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators GREGORY, BRANTON and GROOMS to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Campsen, Bailey and Frye to the Committee of Conference on the part of the House on:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
Received as information.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 2000
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1242 (Word version) -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE "SOUTH CAROLINA GRAIN DEALERS GUARANTY FUND" INTO WHICH ASSESSMENTS ON FEED GRAINS OR OIL SEEDS MUST BE PAID FOR THE PURPOSE OF REIMBURSING GRAIN DEALERS FOR LOSSES INCURRED AS A RESULT OF THE BANKRUPTCY OF A SPECIFIED DEBTOR AND TO CONTINUE THE FUND THEREAFTER FOR THE BENEFIT OF GRAIN DEALERS WHO SUFFER LOSSES AGAINST OTHER DEBTORS FROM BANKRUPTCY, EMBEZZLEMENT, OR FRAUD, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE REIMBURSEMENTS MUST BE PAID INCLUDING A PROVISION THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO LOAN MONIES TO PROVIDE FUNDING TO PAY CERTAIN CLAIMS; TO CHANGE THE NAME OF SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND TO THE SOUTH CAROLINA GRAIN PRODUCERS GUARANTY FUND; AND TO AMEND SECTION 46-41-200, RELATING TO THE SOUTH CAROLINA DEALERS AND HANDLERS GUARANTY FUND, SO AS TO CHANGE ITS NAME ACCORDINGLY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators LEATHERMAN and LEVENTIS proposed the following amendment (PT\2166DW00), which was adopted:
Amend the bill, as and if amended, page 22, Section 49-5-70 as contained in SECTION 2, line 39, by striking /./ and inserting / ; /
Amend further, page 22, Section 49-5-70 as contained in SECTION 2, by inserting immediately following line 39 the following new item:
/ (4) A person withdrawing groundwater at a single family residence or household for noncommercial use. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 5086 (Word version) -- Reps. Wilkins, Haskins, D. Smith, Harrison, Harrell, Cato, J. Brown, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON WEDNESDAY, JUNE 14, 2000, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 15, 2000, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Senator MOORE asked unanimous consent to take up the Concurrent Resolution for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senator MOORE explained the Concurrent Resolution.
Senator DRUMMOND proposed the following amendment (5086R002.JWD), which was adopted:
Amend the resolution, as and if amended, by striking all after the resolving clause and inserting the following:
/ (1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is changed and extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 1, 2000, under
(A) receipt and consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) consideration of legislation enacting authorizations for general obligation bonds;
(D) ratification of acts;
(E) consideration of resolutions affecting the Sine Die adjournment date;
(F) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(G) receipt and consideration of amendments on bills received from the other house including concurrence, nonconcurrence, and amendments thereto;
(H) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments; and
(I) receipt and consideration of resolutions expressing sympathy or congratulations.
(2) The President Pro Tempore of the Senate and Speaker of the House of Representatives may call their respective bodies into statewide session between June 1, 2000, and June 14, 2000, to consider any matters authorized under the terms of this resolution.
(3) Each house may also provide for local session days during the period between June 1, 2000, and June 14, 2000, for consideration of local legislation which has the unanimous consent of the affected delegation.
(4) The President or President Pro Tempore of the Senate and the Speaker of the House of Representatives may ratify acts at a mutually convenient time between June 1, 2000, and June 14, 2000.
(5) When each house adjourns not later than 5:00 p.m. on Friday, June 23, 2000, the General Assembly shall stand adjourned Sine Die. /
Amend the resolution further by striking the title and inserting the following:
/ TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 20, 2000, AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 23, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS, NOT LATER THAN 5:00 P.M., ON FRIDAY, JUNE 23, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
At 6:15 P.M., on motion of Senator COURSON, the Senate receded from business not to exceed ten minutes.
At 6:27 P.M., the Senate resumed.
Senator RYBERG moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Branton Elliott Fair * Gregory Grooms Leatherman Martin Mescher Peeler Richardson Russell Ryberg
Alexander Anderson Bauer * Bryan Courson Drummond Ford Giese Glover
Hayes Holland Hutto Jackson Land Leventis Matthews McConnell McGill Moore O'Dell * Passailaigue Patterson Rankin Ravenel Reese Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington
*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 Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
The question then was the adoption of the Concurrent Resolution, as amended.
The Concurrent Resolution was adopted, as amended.
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MATTHEWS proposed the following amendment (3808EMS1), which was adopted:
Amend the bill, as and if amended, by inserting on page 1, before line 34 an appropriately numbered SECTION to read:
/ SECTION . The Department of Revenue may amend the 2000 Index of Taxpaying Ability, as defined in Section 59-20-20(3), up to July 1, 2000 for the purposes of calculating the 2000 Index of Taxpaying Ability. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MATTHEWS, with unanimous consent, H. 3808 was ordered to receive a third reading on Thursday, June 1, 2000.
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator HUTTO proposed the following amendment (544R028.CBH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-286(F)(2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(F)(2) one year if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."
SECTION 2. Section 56-1-286(G)(2) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:
"(G)(2) six months if the person, within the five years preceding the violation of this section, has been previously convicted of violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug or has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2950, or 56-5-2951."
SECTION 3. Section 56-1-286 (H) through (U) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:
"(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (F) or (G) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to participate in the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way
(I) A test may not be administered or samples taken unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least three months if he takes the test or gives the samples and has an alcohol concentration of two one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within ten thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within ten days of the issuance of the notice of suspension.
The primary investigating officer must notify promptly the department of the refusal of a person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section and registers an alcohol concentration of two one-hundredths of one percent or more. The notification must be in a manner prescribed by the department.
(I)(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer must issue a notice of suspension, and the suspension is effective beginning on the date of the alleged violation of this section. The person, within ten days of the issuance of the notice of suspension, must enroll in an Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990. If the person does not enroll in an Alcohol and Drug Safety Action Program within ten days, the suspension remains in effect, a temporary alcohol restricted license must not be issued, and an administrative hearing may not be requested. If the person drives during the period of suspension without a temporary alcohol restricted license, the person must be
(J)(K) Within ten thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in this section, or the final decision or disposition of the matter; and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension periods provided for in subsections (F) and (G);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
(K)(L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol restricted license and requests an administrative hearing.
(L)(M) If a person does not request an administrative hearing, he shall have waived his right to the hearing and his suspension must not be stayed but shall continue for the periods provided for in subsections (F) and (G).
(M)(N) The notice of suspension shall advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of his right to obtain a temporary alcohol restricted driver's license and to request an administrative hearing. The notice of suspension also
(N)(O) An administrative hearing must be held within ten thirty days after the request for the hearing is received by the department. However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in subsection (H);
(3) refused to submit to a test pursuant to this section; or
(4) consented to taking a test pursuant to this section, and the:
(a) reported alcohol concentration at the time of testing was two one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to this section;
(c) test administered and samples taken were conducted pursuant to this section and regulations adopted as provided in Section 56-5-2951(Q) division procedures; and
(d) the machine was operating properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing.
(O)(P) An administrative hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to judicial review pursuant to that act. The filing of a petition for review shall stay the suspension until a final decision is issued.
(P)(Q) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section.
(Q)(R) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(R)(S) A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence.
(S)(T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility.
(T)(U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(U)(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time he was stopped, the person whose license is suspended had an alcohol concentration that was less than ten one-hundredths of one percent."
SECTION 4. Section 56-1-460 of the 1976 Code is amended to read:
"Section 56-1-460. (A)(1) Except as provided in subsection (A)(2), A a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:
(a) for a first offense, be fined two hundred dollars or imprisoned for thirty days; for the first violation,
(b) for the a second violation offense, fined five hundred dollars and imprisoned for sixty consecutive days,; and
(c) for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this item must be tried exclusively in magistrate's court.
(2) A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:
(a) for a first offense, imprisoned for not less than ten nor more than thirty days;
(b) for a second offense, imprisoned for not less than sixty days nor more than six months;
(c) for a third and subsequent offense, not less than six months nor more than three years.
No portion of the minimum sentence imposed under this item may be suspended.
(B) The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon for a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years."
SECTION 5. Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2930. It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3) under the combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired."
SECTION 6. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2933. It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is ten one-hundredths of one percent or more. A person who violates the provisions of this section is guilty of the offense of Driving With An Unlawful Alcohol Concentration. A person may be charged for a violation of Section 56-5-2930 but prosecuted pursuant to this section if the original testing of the person's breath or other bodily fluids was performed within two hours of the time of arrest and probable cause existed to justify the traffic stop. This section shall not apply to cases arising out of a stop at a traffic road block or driver's license check point. A person cannot be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:
(1) whether or not the person was lawfully arrested or detained;
(2) whether or not probable cause existed to justify the stop;
(3) the period of time between arrest and testing;
(4) whether or not the person was advised in writing of the rights enumerated in Section 56-5-2950;
(5) whether the person consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was ten one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951(Q) and Section 56-5-2953(F); and
(d) machine was working properly.
Nothing contained in this section prohibits the introduction of:
(1) the results of any additional tests of the person's breath or other bodily fluids;
(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:
(a) evidence of field sobriety tests;
(b) evidence of the amount of alcohol consumed by the person; and
(c) evidence of the person's driving;
(3) a videotape of the person's conduct at the incident site and breath testing site taken pursuant to Section 56-5-2953 which is subject to redaction under the South Carolina Rules of Evidence; or
(4) any other evidence of the state of a person's faculties to drive which would call into question the results of a breath or bodily fluid test.
At trial, a person charged with a violation of this section is entitled to a jury instruction stating that the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence."
SECTION 7. The 1976 Code is amended by adding:
"Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Sections 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State shall have the right to compulsory process for obtaining witnesses or documents including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. The term 'documents' includes, but is not limited to, a copy of the computer software program of breath testing devices Such process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction.
In addition, at the time of arrest for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the arresting officer, in addition to other notice requirements, must inform the defendant of his right to all hearings provided by law to include those if a breath test is refused or taken with a result that would require license suspension. The arresting officer, if the defendant wishes to avail himself of any such hearings, depending on the choices made or the breath test results obtained, shall then provide the defendant with the appropriate form to request the hearing or hearings. The defendant shall acknowledge receipt of the notice requirements and receipt of the hearing form if such a hearing or hearings are desired. The defendant may at this time complete the hearing request form and give it to the officer who shall in turn forward it to the department. "
SECTION 8. The 1976 Code is amended by adding:
"Section 56-5-2935. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses or documents, and the right to be fully heard in his defense by himself or by his counsel or by both."
SECTION 9. Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is amended to read:
"Section 56-5-2940. A person violating who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:
(1)(a) By by a fine of three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense.; However however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.
(2)(a) By by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper.
(3)(a) By by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense.
(4)(a) Imprisonment by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses violations which occurred within a period of ten years including and immediately preceding the date of the last offense violation shall constitute prior offenses violations within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
SECTION 10. The 1976 Code is amended by adding:
"Section 56-5-2941. In addition to the penalties required and authorized to be imposed against a person violating the provisions of
If the offender is determined to be indigent by the court and cannot afford the cost of the ignition interlock device, the court may order an interlock device to be affixed to the vehicle and paid for by the jurisdiction making the arrest from fines paid pursuant to Sections 56-5-2930, 56-5-2933, and 56-5-2945."
SECTION 11. Subsections (a) and (b) of Section 56-5-2950 of the 1976 Code, as last amended by Act 434 of 1998, are further amended to read:
"(a) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A breath test must be administered at the direction of a law enforcement officer who has arrested a person for driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the person's alcohol concentration. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth or is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken. If the officer has reasonable grounds to believe that the person is under the influence of
No tests may be administered or samples obtained unless the person has been informed in writing that:
(1) he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for at least ninety days if he refuses to submit to the tests and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least thirty days if he takes the tests or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within ten thirty days of the issuance of the notice of suspension; and
(5) he must enroll in an Alcohol and Drug Safety Action Program within ten days of the issuance of the notice of suspension.
A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified in writing of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer.
The arresting officer must provide affirmative assistance to the person to contact a qualified person to conduct and obtain additional tests. Affirmative assistance, at a minimum, includes providing transportation for the person to the nearest medical facility which provides blood tests to determine a person's alcohol concentration. If the medical facility obtains the blood sample but refuses or fails to test the blood sample to determine the person's alcohol concentration, SLED must test the blood sample and provide the result to the person and to the arresting officer. Failure to provide affirmative assistance upon request to obtain additional tests bars the admissibility of the breath test result in any judicial or administrative proceeding.
SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine.
(b) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
(1) If the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.
(2) If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other evidence in determining the guilt or innocence of the person.
(3) If the alcohol concentration was at that time ten one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.
(4) If the alcohol concentration was at that time ten one-hundredths of one percent or more and the original testing of the person's breath or other bodily fluids was performed within two hours of the time of arrest, the person has violated Section 56-5-2933.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."
SECTION 12. Section 56-5-2951(A) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(A) The Department of Public Safety shall suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test provided for in Section 56-5-2950 or has an alcohol concentration of fifteen one-hundredths of one percent or more. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of Section 56-5-2930, 56-5-2933, or Section 56-5-2945."
SECTION 13. Section 56-5-2951(D) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(D) Within ten thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or Section 56-5-2945."
SECTION 14. Section 56-5-2951(H) of the 1976 Code, as last amended by Act 115 of 1999, is amended to read:
"(H) An administrative hearing must be held within thirty days after the request for the hearing is received by the department. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and division procedures regulations as provided in subsection (Q); and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty days after the conclusion of the administrative hearing. If the suspension is upheld, the person must receive credit for the number of days his license was suspended before he received a temporary alcohol restricted license and requested the administrative hearing."
SECTION 15. Section 56-5-2951(K)(1) and (2) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(K)(1) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is:
(a) ninety days for a person who refuses to submit to a test pursuant to Section 56-5-2950; or
(b) thirty days for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to an arrested person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-5-2950 or 56-5-2951 within the ten years preceding a violation of this section is one hundred eighty days if he refuses to submit to a test pursuant to Section 56-5-2950 or sixty days if he takes a test pursuant to Section
SECTION 16. Section 56-5-2951(P) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, 56-5-2933, or 56-5-2945, or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation."
SECTION 17. Section 56-5-2951(Q) of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"(Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions not later than March 1, 2001. After that date, no SLED policy relating to the administration of breathtesting in this State may be used unless that policy has been adopted pursuant to the Administrative Procedures Act."
SECTION 18. Section 56-5-2953(A) and (B) of the 1976 Code, as added by Act 434 of 1998, are further amended to read:
"(A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 shall have his conduct at the incident site and the breath test site videotaped.
(1) The videotaping at the incident site must:
(a) begin not later than the activation of the officer's blue lights and conclude after the arrest of the person for a violation of Section 56-5-2930 or a probable cause determination that the person violated Section 56-5-2945; and
(b) include the person being advised of his Miranda rights, if required by state or federal law, before any field sobriety tests are administered, if the tests are administered.
(2) The videotaping at the breath site:
(a) must be completed within three hours of the person's arrest for a violation of Section 56-5-2930 or 56-5-2945 or a probable cause determination that the person violated Section 56-5-2945, unless compliance is not possible because the person needs emergency medical treatment considered necessary by licensed medical personnel;
(b) shall include the reading of Miranda rights, if required by state or federal law, the entire breath test procedure, the person being informed that he is being videotaped, and that he has the right to refuse the test;
(c) shall include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test;
(d) shall also include the person's conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to videotape this waiting period. However, if the arresting officer administers the breath test, then the person's conduct during the twenty-minute pre-test waiting period must be videotaped.
The videotapes of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B) Nothing in this section may be construed as prohibiting the introduction of other evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the videotape equipment at the time of the arrest, probable cause determination, or breath test device was in an inoperable condition, stating reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the videotape because the person needed emergency medical treatment, or exigent circumstances existed. Further, in circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the videotaping equipment has not been activated by blue lights, the failure by the arresting officer to produce the videotapes required by this section is not alone a ground for dismissal. However, as soon as videotaping is practicable in these circumstances, videotaping should begin and conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the videotape based upon the totality of the circumstances, nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the videotape."
SECTION 19. Section 56-5-2953(F) of the 1976 Code, as added by Act 434 of 1998, is further amended to read:
"(F) The Department of Public Safety and SLED shall promulgate regulations necessary to implement the provisions of this section not
SECTION 20. Section 56-5-2970 of the 1976 Code is amended to read:
"Section 56-5-2970. All clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violation of Section 56-5-2930, 56-5-2933, or for convictions or of the entry of pleas of guilty or of nolo contendere or of the forfeitures of bail posted for violations of any other laws or ordinances of this State that prohibit any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics are required to report to the motor vehicle division of the Department department every such conviction, plea of guilty or of nolo contendere or bail forfeiture within ten days after such conviction, entry of a plea of guilty or of nolo contendere or forfeiture or after the receipt of such report, as the case may be. Such reports shall be made upon forms to be provided by the Department department, arranged in duplicate, and the director of the motor vehicle division of the Department department shall acknowledge the filing of each such report by signing the duplicate of such report and returning it to the officer making it, to be kept by such officer as evidence of his compliance with the requirement that he make such report.
Any person violating the provisions of this section shall be subject to a penalty of twenty-five dollars for each such failure, to be collected by the Attorney General or the solicitors of the State under the direction of the Attorney General and paid into the general funds fund of the State."
SECTION 21. Section 56-5-2980 of the 1976 Code is amended to read:
"Section 56-5-2980. In all trials and proceedings in any court of this State, in which the defendant is charged with a violation of Section 56-5-2920 or , 56-5-2930, or 56-5-2933 which forbid the operation of a vehicle in a reckless manner or by one while under the influence of intoxicants, drugs or narcotics, photostatic, optical disk, or other copies of the reports required to be filed with the department pursuant to Section 56-5-2970, when such copies are duly certified by the director of the department or his designee as true copies of the original on file therewith, shall be deemed prima facie evidence of the information
SECTION 22. Section 56-5-2990(A) of the 1976 Code is amended to read:
"(A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930, 56-5-2933, or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."
SECTION 23. Section 56-5-2990(F) of the 1976 Code is amended to read:
"(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, 56-5-2933, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of
SECTION 24. Section 56-5-2995 of the 1976 Code is amended to read:
"Section 56-5-2995. (A) In addition to the penalties imposed for a first offense violation of Section 56-5-2930 or 56-5-2933 in magistrate's or municipal court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute the twelve-dollar assessments in the manner provided in Section 14-1-201.
(B) In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to any punishment imposed which must be remitted to the State Treasurer who shall then distribute these twelve-dollar assessments in the manner provided in Section 14-1-201."
SECTION 25. In the event the alcohol concentration level for driving under the influence of alcohol or other intoxicating substance offenses changes from ten one-hundredths of one percent or more to eight one-hundredths of one percent or more as provided by law, Sections 56-5-2933 and 56-5-2950(b)(4) of the 1976 Code do not apply to alcohol concentration levels between eight one-hundredths of one percent up to ten one-hundredths of one percent and instead, for this range, there is an inference that the person was under the influence of alcohol or other such substances.
SECTION 26. Section 61-4-110 of the 1976 Code is amended to read:
"Section 61-4-110. It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving motor vehicle of any kind which is licensed to travel in this state or any other state and that may travel while located upon the public highways or highway rights of way of this state. this section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of
For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume."
SECTION 27. Section 61-6-4020 of the 1976 Code is amended to read:
"Section 61-6-4020. A person who is twenty-one years of age or older may transport lawfully acquired alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors in a motor vehicle, except in the luggage compartment or cargo area. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
For purposes of this section, alcoholic liquors means all distilled spirits regardless of the percentage of alcohol by volume that they contain."
SECTION 28. Title 56 of the 1976 Code is amended by adding an appropriately numbered section to read:
"The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. The records required by this section are subject compulsory process issued by any court of competent jurisdiction in this State and are public records under the Freedom of Information Act."
SECTION 29. Section 22-4-545(C) of the 1976 Code is amended to read:
"(C) All cases transferred to the magistrate's or municipal court must be prosecuted by the solicitor's office. The Chief Judge for Administrative Purposes for the Court of General Sessions shall retain administrative supervision of cases transferred pursuant to this section. The chief magistrate of the county or the chief municipal judge of the municipality upon petition of the solicitor, and approval of the Chief Judge for Administrative Purposes for the Court of General Sessions, shall set the terms of court and order the magistrates and municipal judges to hold terms of court on specific times and dates for the disposition of these cases."
SECTION 30. Subsections (A) and (B) of Section 14-1-211 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:
"(A)(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(2) In addition to all other assessments and surcharges, a five dollar surcharge is imposed on all convictions for misdemeanor traffic offenses obtained in general sessions court and in magistrate's and municipal court in this State and, a twenty-five dollar surcharge is imposed on all convictions pursuant to Section 56-5-2933, driving with an unlawful alcohol concentration. No portion of the surcharges imposed pursuant to this section may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All
All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis."
SECTION 31. Chapter 38, Title 44 of the 1976 Code is amended by adding:
Spinal Cord Injury Research Board
Section 44-38-510. (A) The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this state, and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.
(B) The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two year term; one of the two
(C) At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four year terms shall not be reappointed for two years after completion of those terms.
(D) A majority of the membership of the board shall constitute a quorum.
(E) The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.
(F) Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.
(G) No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.
(H) Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.
(I) The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.
(J) The board shall set forth guidelines and standards for allocation of these funds.
(K) Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State."
SECTION 32. If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 33. Sections 1-6 and 8-28 of this act shall not take effect until the Chief of the State Law Enforcement Division certifies to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that all breath test sites in the State have been equipped with video cameras so that a person's conduct may be videotaped pursuant to Section 56-5-2953(A)(2). Section 7 of this act shall take effect and remain in implementation only upon annual appropriations of sufficient funding. Sections 30 and 31 take effect December 1, 2000, and apply to all misdemeanor traffic offense convictions obtained in general sessions court and in magistrates' and municipal court and to all convictions pursuant to Section 56-5-2933 obtained after that date. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The Bill was returned to the House with amendments.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL
Received as information.
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE
On motion of Senator SETZLER, the Senate insisted upon its amendments to S. 1111 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, HAYES and SHORT to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Littlejohn, McMahand, and Rodgers to the Committee of Conference on the part of the House on:
S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP
Received as information.
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
The House returned the Bill with amendments.
Senator McCONNELL spoke on the Bill.
Senator McCONNELL moved to concur in the House amendments.
Senator HUTTO argued contra to the motion to concur.
On motion of Senator HUTTO, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
asks for a Committee of Conference, and has appointed Reps. Lucas, F. Smith and J. Smith to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 3692 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, BY ADDING SECTION 15-3-548 SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT AND ACTIONS FOR BATTERY MUST BE COMMENCED WITHIN FOUR YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, HUTTO and GREGORY to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO
Very respectfully,
Speaker of the House
Received as information.
H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS
Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, MOORE and GLOVER to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT
The House returned the Bill with amendments.
On motion of Senator WALDREP, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS
asks for a Committee of Conference, and has appointed Reps. Allen, Jennings and Knotts to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
Whereupon, the PRESIDENT Pro Tempore appointed Senators HUTTO, BRYAN and WALDREP to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING,
The House returned the Bill with amendments.
On motion of Senator McGILL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
Very respectfully,
Speaker of the House
Received as information.
H. 4358 (Word version) -- Rep. Barrett: A BILL TO AMEND SECTION 50-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUZZLELOADER HUNTS IN GAME ZONE 2, SO AS TO PROVIDE FOR MUZZLELOADER HUNTS IN GAME ZONE 1; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO HUNTING BAG LIMITS, SO AS TO CONFORM THE HUNTING BAG LIMITS FOR GAME ZONE 1 TO THE HUNTING BAG LIMITS FOR GAME ZONE 2; TO AMEND SECTION 50-11-170, AS AMENDED, RELATING TO PENALTIES FOR BUYING, SELLING, OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 2, SO AS TO PROVIDE PENALTIES FOR BUYING, SELLING OR DISPLAYING CARCASSES OR PARTS OF WILD RABBITS FOR SALE IN GAME ZONE 1; AND TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO CONFORM THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 1 WITH THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 2.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McGILL, RAVENEL and HUTTO to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 31, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN
Received as information.
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY,
On motion of Senator BRYAN, the Senate insisted upon its amendments to H. 4426 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators BRYAN, MESCHER and SHORT to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Having been reported favorably from the Committee on Transportation, on motion of Senator ANDERSON, the following appointment was confirmed in open session:
Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 1994, and to expire June 4, 2001:
At-Large:
James M. Micali, Michelin North America, Inc., One Parkway South, Greenville, S.C. 29602 VICE Thomas F. Hartnett
Having received a favorable report from the Florence County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Florence County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Roger Neron Langley, 461 South Railroad Avenue, Johnsonville, S.C. 29555 VICE Roy C. Roberts
Initial Appointment, Darlington County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Alston Hubert Odom, Jr., 1106 Lamar Road, Darlington, S.C. 29532 VICE Francis L. Mozingo, Sr.
On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Virginia B. Johnson of Orangeburg, S.C.
At 6:50 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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