Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear wise words from the Book of Proverbs, Chapter 16 (vv. 23, 24):
"The mind of the wise makes their speech judicious, and adds
persuasiveness to their lips.
Pleasant words are like a honeycomb, sweetness to the soul and
health to the body."
Let us pray.
Eternal God, our Father, we can't quite comprehend it, but we are told that You made us in Your own image.
We are told that You gave us the capacity to think Your thoughts after You.
Help us to understand what that means!
Over and over You tell us in so many ways, and by so many of Your prophets, to tell the nations of Your wonderful deeds.
Help us in words and deeds to share our spiritual perceptions to instruct and to edify our comrades.
Sometimes we must confess with St. Paul when he said to the Romans (7:19): "For I do not do the good I want, but the evil I do not want is what I do."
Help us to hear this day the two things St. Paul said to the Galatians (6:2, 5): "Bear one another's burdens." And, "Each one must bear his own load."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2426
Agency: Department of Labor, Licensing and Regulation
State Board of Pharmacy
SUBJECT: Facility Permit Classifications
Received by Lieutenant Governor April 7, 1999
Referred to Medical Affairs Committee
Legislative Review Expiration August 5, 1999
(Subject to Sine Die Revision)
S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan and McGill: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.
On motion of Senator McCONNELL, with unanimous consent, the names of Senators McCONNELL and BRANTON were added as co-sponsors of the Bill.
S. 351 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT, UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE HOLDER OF RECORD OF THE MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS AND TO FURTHER PROVIDE FOR THE DAMAGES AND PENALTIES FOR FAILURE TO SO SATISFY THE MORTGAGE; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was ordered placed on the Calendar.
The following were introduced:
S. 700 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO AMEND RULE 19 RELATING TO THE SELECTION OF COMMITTEES SO AS TO PROVIDE THAT THE PRESIDENT PRO TEMPORE IS DESIGNATED TO ESTABLISH A TIME FOR COMMITTEE SELECTION AFTER A SPECIAL ELECTION AND TO CLARIFY THE PROVISIONS RELATING TO SELECTIONS MADE ON THE FIRST AND SECOND ROUND.
Senator McCONNELL spoke on the Senate Resolution.
The Senate Resolution was introduced and ordered placed on the Calendar without reference.
Senator HOLLAND asked unanimous consent to make a motion that consideration of the Resolution (S. 700) be the first order of business after the Morning Hour on Tuesday, April 13, 1999.
There was no objection and the motion was adopted.
S. 701 (Word version) -- Senators Rankin, Wilson and Elliott: A BILL TO AMEND SECTION 12-24-40 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES, SO AS TO EXEMPT FROM SUCH FEES TRANSACTIONS INVOLVING TRANSFERS FROM AGENTS TO PRINCIPALS WHEN THE REALTY WAS PURCHASED WITH THE FUNDS OF THE PRINCIPAL.
Read the first time and referred to the Committee on Finance.
S. 702 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 50-11-440 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITON ON THE USE OF BAIT TO LURE BEARS, SO AS TO REVISE THIS SECTION TO PROHIBIT FEEDING OR ENTICING WITH FOOD ANY BLACK BEAR, TO PROVIDE EXCEPTIONS TO THE PROHIBITION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Read the first time and referred to the Committee on Judiciary.
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND CHAPTER 37, TITLE 5 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPAL IMPROVEMENT DISTRICTS, SO AS TO FURTHER DEFINE THE POWERS OF MUNICIPAL GOVERNING BODIES WITH RESPECT TO FINANCING AND LEVYING ASSESSMENTS UPON SUCH DISTRICTS.
Read the first time and referred to the Committee on Judiciary.
S. 706 (Word version) -- Senators Holland and Leventis: A BILL TO AMEND ACT 355 OF 1994, RELATING TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994 AND THE EFFECTIVE DATE OF THE REPEAL OF VARIOUS STATE AND LOCAL PROVISIONS OF LAW PERTAINING TO PLANNING AND ZONING BY LOCAL GOVERNMENTAL ENTITIES, SO AS TO EXTEND FROM MAY 3, 1999, UNTIL DECEMBER 31, 1999, THE EFFECTIVE DATE OF THE REPEAL OF THESE STATE AND LOCAL PROVISIONS OF LAW AND THE DATE BY WHICH ALL LOCAL PLANNING PROGRAMS MUST BE IN CONFORMITY WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ENABLING ACT OF 1994.
Read the first time and referred to the Committee on Judiciary.
S. 707 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO REQUIRE A MOTOR VEHICLE REPAIR FACILITY TO PROVIDE A CUSTOMER A WRITTEN ESTIMATE, TO REQUIRE CONSENT FROM THE CUSTOMER BEFORE SERVICE OR REPAIR BEGINS, TO PROHIBIT A MOTOR VEHICLE REPAIR FACILITY FROM EXCEEDING ITS APPROVED ESTIMATE, TO REQUIRE DISPLAY OF THESE REGULATIONS IN THE FACILITY, TO REQUIRE NOTICE OF USE OF "AFTER MARKET" OR USED PARTS, TO GIVE CUSTOMERS THE RIGHT TO INSPECT AND RETAIN REPLACED PARTS, AND TO PROVIDE REMEDIES AND PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS; AND TO AMEND SECTION 29-15-10, RELATING TO LIENS FOR CHARGES FOR REPAIRS AND STORAGE, SO AS TO REQUIRE NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND TO EXCLUDE CHARGES NOT AUTHORIZED AS PROVIDED IN THIS CHAPTER.
Read the first time and referred to the Committee on Transportation.
S. 708 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY AMENDING SECTION 16-3-800, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL CONDUCT INCLUDES LEWD EXHIBITION OF THE FEMALE BREASTS; BY ADDING SECTION 16-3-1600, SO AS TO PROVIDE DEFINITIONS FOR "SEXUAL BATTERY", "SEXUAL FONDLING", "INTIMATE PARTS", AND "ACTOR"; BY ADDING SECTION 16-3-1610, SO AS TO PROHIBIT A PERSON FROM ENTICING A MINOR UNDER SIXTEEN YEARS OF AGE TO ENGAGE IN "SEXUAL BATTERY" OR "SEXUAL FONDLING"; BY ADDING SECTION 16-3-1620, SO AS TO PROVIDE A PENALTY OF NOT MORE THAN TEN YEARS' IMPRISONMENT FOR A VIOLATION OF SECTION 16-3-1610; AND TO AMEND SECTION 16-3-1700, RELATING TO HARASSMENT AND STALKING, SO AS TO EXPAND THE DEFINITION OF HARASSMENT TO INCLUDE ELECTRONIC CONTACT; TO AMEND SECTION 16-15-375, RELATING TO OFFENSES AGAINST MORALITY AND DECENCY, SO AS TO PROVIDE THAT THE DEFINITION OF SEXUAL ACTIVITY INCLUDES TOUCHING ONE'S SELF OR ANOTHER PERSON IN AN ACT OF APPARENT SEXUAL STIMULATION OR SEXUAL ABUSE; TO AMEND SECTION 20-4-40, RELATING TO PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT CHARGE A FEE FOR FILING A PETITION FOR AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD CERTAIN OFFENSES TO THE LIST OF OFFENSES FOR WHICH A PERSON MUST REGISTER.
Read the first time and ordered placed on the Calendar without reference.
S. 709 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-185, SO AS TO MAKE IT UNLAWFUL TO INTENTIONALLY LEAVE AN ESTABLISHMENT WITHOUT MAKING PAYMENT FOR GASOLINE THAT IS DISPENSED INTO A MOTOR VEHICLE; AND BY ADDING SECTION 56-1-292, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE FOR VIOLATIONS OF SECTION 16-13-185.
Read the first time and ordered placed on the Calendar without reference.
S. 710 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-24-10, SO AS TO PROVIDE THAT A STATE AGENCY OR OTHER ENTITY SHALL NOT RELEASE TO ANY PERSON THE NAME, ADDRESS, PICTURE, OR OTHER INFORMATION OF A PERSONAL NATURE RELATING TO A MINOR EXCEPT UNDER CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Corrections and Penology.
S. 711 (Word version) -- Senators Fair and Moore: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITATION TO ARTICLE 3, CHAPTER 7, TITLE 44, ENTITLED "STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT", SO AS TO REVISE THE ARTICLE NAME; TO AMEND SECTION 44-7-120, AS AMENDED, RELATING TO THE PURPOSE OF THIS ARTICLE, SO AS TO REVISE THE PURPOSE TO INCLUDE CARRYING OUT THE STATE'S HEALTH PLANNING EFFORT AND TO DELETE THE PROVISION RELATING TO DEVELOPING PROCEDURES FOR THE APPLICATION AND REVIEW PROCESS FOR CERTIFICATES OF NEED; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS USED IN THIS ARTICLE, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DELETE OTHERS; TO AMEND SECTION 44-7-150, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE PURPOSES OF THIS ARTICLE, SO AS TO INCLUDE DATA COLLECTION; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES UNDER WHICH A CERTIFICATE OF NEED IS REQUIRED, SO AS TO REVISE THESE CIRCUMSTANCES; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE ARTICLE, SO AS TO REVISE THE EXEMPTIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE HEALTH PLANNING COMMITTEE AND THE STATE HEALTH PLAN, SO AS TO REVISE THE CONTENTS OF THE PLAN AND TO REQUIRE THAT THE DEPARTMENT BE NOTIFIED WHEN A PERSON PROPOSES TO OFFER HEALTH SERVICES FOR WHICH UTILIZATION DATA ARE MAINTAINED IN THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-190 RELATING TO PROJECT REVIEW CRITERIA FOR USE IN DETERMINING THE NEED FOR HEALTH CARE FACILITIES, BEDS, SERVICES, AND EQUIPMENT, SO AS TO SPECIFICALLY DEFINE THE EQUIPMENT REQUIRING USE OF THIS CRITERIA IN DETERMINING THE NEED FOR THE EQUIPMENT; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOR COMPLETION OF CERTIFICATE OF NEED APPLICATIONS AND FOR APPEALS OF STAFF DECISIONS, SO AS TO CLARIFY THESE PROCEDURES TO REVISE THE DATE INDICATING WHEN CERTAIN METHADONE TREATMENT FACILITIES DO NOT HAVE TO OBTAIN A CERTIFICATE OF NEED; TO AMEND SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF A FINAL BOARD DECISION, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO LIMITATIONS ON A CERTIFICATE OF NEED, SO AS TO PROVIDE PENALTIES WHEN IMPLEMENTATION OF A PROJECT OR THE OPERATION OF A FACILITY IS NOT IN ACCORDANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 44-69-75, AS AMENDED, RELATING TO HOME HEALTH AGENCIES REQUIRING A CERTIFICATE OF NEED, SO AS TO DELETE THE PROVISION EXEMPTING HOME HEALTH AGENCIES FROM THE CERTIFICATE OF NEED IF THE AGENCY PROVIDED HOME HEALTH SERVICES BEFORE JULY 1, 1980; TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY BEFORE JULY 1, 2003, OF OTHER STATES THAT HAVE REPEALED THEIR CERTIFICATE OF NEED PROGRAMS; AND TO REPEAL SECTION 44-7-185 RELATING TO A TASK FORCE TO STUDY OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES AND SECTION 44-7-240 RELATING TO FACILITIES CONSTRUCTION PROGRAM.
Read the first time and referred to the Committee on Medical Affairs.
H. 3356 (Word version) -- Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison, Wilkins, Barrett, Sandifer, Easterday, McGee, Rice, Simrill, W. McLeod, Klauber and Hawkins: A BILL TO AMEND CHAPTER 4 OF TITLE 30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE BY A PUBLIC BODY OF ANY RECORDS, PUBLIC OR OTHERWISE.
Read the first time and referred to the Committee on Judiciary.
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 FURTHER PROVIDE FOR THE AWARDING OF ATTORNEY'S FEES IN SUCH ACTIONS AND IN ADMINISTRATIVE PROCEEDINGS; AND TO AMEND SECTION 15-77-310, RELATING TO PETITIONING FOR ATTORNEY'S FEES, SO AS TO REVISE THE TIME WITHIN WHICH THE PREVAILING PARTY MUST PETITION FOR ATTORNEY'S FEES AND TO PERMIT A PETITION FOR ATTORNEY'S FEES IN ADMINISTRATIVE ACTIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham, Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.
Read the first time and referred to the Committee on Judiciary.
H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3856 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND ENDING JUNE 30, 2000.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3876 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE BETHLEHEM BAPTIST CHURCH OF COLUMBIA ON THE DEDICATION OF THE WILEY KENNEDY FAMILY LIFE CENTER ON APRIL 11, 1999, AND FURTHER TO RECOGNIZE THE EXEMPLARY LIFE AND GOOD WORKS OF MR. WILEY KENNEDY AND THE OUTSTANDING COMMUNITY SERVICE OF BETHLEHEM BAPTIST CHURCH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3877 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS AND COMMENDATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE NAVY JUNIOR ROTC DRILL TEAM OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY ON BEING NAMED THE "SOUTH CAROLINA NAVY JUNIOR ROTC STATE CHAMPION" AT THE STATEWIDE DRILL COMPETITION SPONSORED BY THE NROTC UNIT AT THE UNIVERSITY OF SOUTH CAROLINA, ON MARCH 27, 1999, AND TO WISH THE TEAM CONTINUED SUCCESS AT THE NATIONAL DRILL MEET TO BE HELD AT THE NAVY'S TRAINING CENTER IN GREAT LAKES, ILLINOIS, ON APRIL 9 AND 10, 1999.
The Concurrent Resolution was adopted, ordered returned to the House
H. 3878 (Word version) -- Reps. Pinckney and Lloyd: A CONCURRENT RESOLUTION RECOGNIZING THE MEMBERS OF THE MONTFORD POINT MARINE ASSOCIATION FOR THEIR DISTINGUISHED MILITARY SERVICE TO OUR NATION AND DECLARING THE WEEK OF APRIL 12-18, 1999, AS "MONTFORD POINT MARINE WEEK" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3879 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE ANDREW JACKSON HIGH SCHOOL "CONFEDERATES" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS FOR AN EXCEPTIONAL SEASON AND ON CAPTURING THE 1998 CLASS A STATE FOOTBALL CHAMPIONSHIP FOR THE THIRD STRAIGHT YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Transportation Association of South Carolina to attend a breakfast at the Clarion Town House on Wednesday, April 14, 1999, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Victim Assistance Network to attend a breakfast reception at the Adam's Mark Hotel on Thursday, April 15, 1999, from 8:30 until 9:45 A.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina School Boards Association, the South Carolina Chamber of Commerce, and the Office of the Governor to attend a Governor's Conference on Education Banquet at the Sheraton Hotel and Conference Center on Tuesday, April 20, 1999, from 6:30 until 9:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Golf Association and the South Carolina Junior Golf Association to attend a reception at the Governor's Mansion Mall on Wednesday, April 21, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Association of Tourism Regions to attend a reception at Sterling Garden Center on Tuesday, April 27, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the University of South Carolina to attend a luncheon located on the 600 level at Williams Brice Stadium on Wednesday, April 28, 1999, upon adjournment and lasting until 2:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the South Carolina Association of Municipal Power Systems to attend a reception at the fairgrounds on Wednesday, April 28, 1999, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
S. 687 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO HONOR THE LAURENS DISTRICT 55 HIGH SCHOOL LADY RAIDERS BASKETBALL TEAM FOR THEIR SECOND STATE BASKETBALL TITLE IN AS MANY YEARS.
Returned with concurrence.
Received as information.
S. 699 (Word version) -- Senators Alexander, Drummond, Peeler, Elliott and Grooms: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "LADY TIGERS" WOMEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THE STELLAR 1998-99 SEASON, AND FOR MAKING CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY BY ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN THE SCHOOL'S HISTORY WITH A #10 RANKING IN THE FINAL ASSOCIATED PRESS POLL, AND A #13 RANKING IN THE FINAL USA TODAY POLL, TO RECOGNIZE HEAD COACH JIM DAVIS AND HIS STAFF FOR THE EXCEPTIONAL SEASON, AND TO SPECIFICALLY RECOGNIZE THE TEAM'S SENIOR CLASS AS THESE FOUR LADIES COMPRISE THE WINNINGEST CLASS IN CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL proposed the following amendment (JUD0120.003.DOC), which was adopted:
Amend the committee report, as and if amended, page [120-1], beginning on line 38, in Section 16-17-700, as contained in SECTION 1, by striking subitem (c) in its entirety and inserting therein the following:
/ (c) a favorable recommendation of the local governing body where the business will be located. In making its recommendation, the local governing body shall consider the criminal background of the applicant as provided by the sheriff of the county where the applicant resides. If the background check is favorable, the local governing body must submit a favorable recommendation of the applicant. /
Amend title to conform.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0120.001.DOC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. (A) It is unlawful for a person to tattoo:
(1) any part of the body of another person under the age of eighteen;
(2) any part of the head, face, or neck of another person;
(3) another person without first applying for and obtaining a permit issued by the South Carolina Department of Health and Environmental Control. The department shall issue this permit, renewable annually, to a person upon the submission of:
(a) a certificate of the applicant's successful completion of a course in infection control as approved by the department;
(b) payment of a three hundred dollar permit fee; and
(c) a favorable recommendation of the local governing body where the business will be located. In making its recommendation, the local governing body shall consider the criminal background of the applicant as provided by the sheriff of the county where the applicant resides.
It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery.
A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court not less than five hundred dollars or imprisoned not more than one year, or both. For a second or subsequent offense, a person must be fined not less than five hundred dollars or imprisoned not less than one year, or both.
(B) A tattoo artist conspicuously shall display:
(1) a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice must also appear in any informed consent or release form which a tattoo artist uses;
(2) the certificate of successful completion of a course in infection control as approved by the department; and
(3) the permit issued by the department pursuant to subsection (A).
(C) A tattoo artist, in order to comply with department infection control precautions, must:
(1) wash his hands with soap and water before and after each recipient's procedure;
(2) use single-use disposable sterile or surgical style gloves when performing tattoo procedures on recipients. These gloves must never be washed or reused in any manner and must be immediately discarded and replaced upon notice of a tear or other defect;
(3) use sterilized or disposable razors on individuals who must undergo shaving of hair;
(4) clean the recipient's skin with a germicidal solution approved by the department;
(5) use on each recipient either (a) sterile, disposable needles and injection equipment which is designated and sterilely packaged as single-use only or (b) reusable needles and injection equipment only if properly sterilized by autoclave or chemical germicide used in accordance with the manufacturer's directions;
(6) dispose of the used needles and injection equipment in safety puncture-proof containers as approved by the department and must dispose of the used needle containers in a manner prescribed by the department; and
(7) allow and cooperate with on-site inspections as considered necessary by the department.
(D) A tattoo artist must not:
(1) use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient;
(2) use alum or styptic pencils considered necessary to control bleeding unless a separate, disposable single-use item is used on each recipient.
(E) A person engaged in tattooing shall verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, 'picture identification' means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
(F) The department may revoke a permit or deny an application for a new or renewed permit for violations of the provisions of this section. The revocation or denial may be appealed as a contested case pursuant to the Administrative Procedures Act. A person engaged in tattooing whose permit has been revoked or denied may not reapply for a period of one year from the date of revocation or denial."
SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-705. A person who is tattooed while under the age of eighteen in violation of Section 16-17-700(A)(1) may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees, subject to Section 15-3-40."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0418.002.DOC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-47-50(F) of the 1976 Code is amended to read:
"(F) Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier. A monthly CMRS 911 charge is levied for each CMRS connection for which there is a mobile identification number containing an area code assigned to South Carolina by the North American Numbering Plan Administrator. The amount of the levy must be approved annually by the board at a the level not to exceed of the average monthly telephone (local exchange access facility) 911 charges paid in South Carolina. The board and the committee may calculate the CMRS 911 charge based upon a review of one or more months during the year preceding the calculation of telephone (local exchange access facility) charges paid in South Carolina. The CMRS 911 charge must have uniform application and must be imposed throughout the State; however, trunks or service lines used to supply service to CMRS providers shall not be subject to a CMRS 911 levy. On or before the twentieth day of the second month succeeding each monthly collection of the CMRS 911 charges, every CMRS provider shall file with the Department of Revenue a return under oath, in a form prescribed by the department, showing the total amount of fees collected for the month and, at the same time, shall remit to the department the fees collected for that month. The department shall place the collected fees on deposit with the State Treasurer. The funds collected pursuant to this subsection are not general fund revenue of the State and must be kept by the State Treasurer in a fund separate and apart from the general fund to be expended as provided in Section 23-47-65."
SECTION 2. Section 23-47-65 of the 1976 Code is amended to read:
"Section 23-47-65. (A)(1) The CMRS Emergency Telephone Services Advisory Committee is created to assist the board in carrying out its responsibilities in implementing a wireless enhanced 911 system consistent with FCC Docket Number 94-102. The committee shall be appointed by the Governor and shall consist of: the State Auditor, ex officio; the Director of the Office of Information Resources, Budget and Control Board, ex officio; two employees of CMRS providers licensed to do business in the State; two 911 system employees; and one employee of a telephone (local exchange access facility) service supplier licensed to do business in the State; and one consumer. Local governments and related organizations such as the National Emergency Number Association may recommend PSAP Committee members, and industry representatives may recommend wireline and CMRS committee members to the Governor. There is no expense reimbursement or per diem payment from the fund created by the CMRS surcharge made to members of the committee.
(2) All committee members, except the ex officio members, must be appointed for a three-year term by the Governor. Committee members may be appointed to one subsequent term.
(3) In the event a vacancy arises, it must be filled for the remainder of the term in the manner of the original appointment. A partial term does not count towards toward the term limits, however service for three-fourths or more of a term constitutes service for a term.
(4) Any committee member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the committee; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.
(5) The committee shall establish its own procedures with respect to the selection of officers, quorum, place, and conduct of meetings.
(B) The responsibilities of the committee with respect to CMRS emergency telephone services are to:
(1) Advise advise the board on technical issues regarding the implementation of a wireless E 911 system, especially matters concerning appropriate systems and equipment to be acquired by CMRS providers and PSAPS PSAP's, to assure the compatibility of the systems and equipment and the ability of the systems and equipment to comply with the requirements of FCC Docket Number 94-102.;
(2) Recommend approve systems and equipment for which reimbursement may be allowed to CMRS providers and PSAPS PSAP's under the provisions of this chapter, which are compatible with each other as needed for the public's safety, and will not result in wasteful spending on inappropriate or redundant technology.
(C) The responsibilities of the board with respect to CMRS emergency telephone services are:
(1) upon approval of the board, to direct the State Treasurer shall manage and disburse in the management and disbursal of the funds in and from the an interest-bearing account in the following manner:
(a) hold and distribute not more than thirty-nine percent of the total monthly revenues in the interest-bearing account to PSAP administrators based on CMRS 911 call volume for expenses incurred for the answering, routing, and proper disposition of CMRS 911 calls;
(b) hold and distribute not to exceed more than fifty-seven percent of the total monthly revenues in the interest-bearing account solely for the purposes of complying with applicable requirements of FCC Docket Number 94-102. These funds may be utilized by the PSAP and the CMRS providers licensed to do business in this State for the following purposes in connection with compliance with the FCC requirements: upgrading, acquiring, maintaining, programming, and installing necessary data, hardware, and software. Invoices detailing specific expenses for these purposes must be presented to the board in connection with any request for reimbursement, and the request must be approved by the board, upon recommendation of a majority vote of the committee. Any invoices presented to the board for reimbursements of costs not described by this section may be approved only by a unanimous vote of the committee, but in no event shall reimbursement be made for costs unrelated to compliance with applicable requirements of FCC Docket Number 94-102;
(c)(1) hold and distribute utilize an amount not to exceed more than two percent of the total monthly revenues in the interest-bearing account fees collected to compensate the independent auditor provided for herein and for expenses which the board is authorized to incur by contract, or otherwise, for provision of any administrative, legal, support, or other services to assist the board in fulfilling its responsibilities under this act;
(d) (2) with the State Auditor's Office and the State Treasurer, prepare annual reports outlining fees collected and monies disbursed to PSAP and CMRS providers, and submit annual reports outlining monies disbursed for operations of the board;
(e)(3) retain an independent, private auditor, as provided in the Consolidated Procurement Code, for the purposes of receiving, maintaining, and verifying the accuracy of any proprietary information submitted to the board by CMRS providers or PSAP's, and assisting the committee in its duties, including its annual calculation of the average 911 charges pursuant to Section 23-47-50(f) and in any cost studies it may conduct. Due to the confidential and proprietary nature of the information submitted by CMRS providers, the information may not be released to a party other than the State Auditor and is expressly exempt from disclosure pursuant to Chapter 4 of Title 30. The information collected by the auditor shall only be released in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider;
(f) annually calculate the average 911 charge as provided in Section 23-47-50(F);
(g) (4) conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee one year from the effective date of this section and thereafter at the board's discretion. The board may include any information it deems considers appropriate to assist the General Assembly in determining whether future legislation is necessary or appropriate, but the report must include information to assist in determining whether to adjust the CMRS 911 charge to reflect actual costs incurred by PSAP's or CMRS providers for compliance with applicable requirements of FCC Docket Number 94-10.
(2) (D) The board and committee:must:
(1) annually calculate the average 911 charge as provided in Section 23-47-50(F);
(2) take appropriate measures to maintain the confidentiality of the proprietary information described in Section 23-47-65(B)(2)(e). This information may be disclosed to board and committee members only in the event a dispute arises with respect to the board's and committee's discharge of their responsibilities under Section 23-47-65(B)(2) which necessitates such disclosure. The information shall also be exempt from disclosure pursuant to Chapter 4 of Title 30. Members of the board may not disclose the information to any third parties, including their employers.
(3) The board and committee must take appropriate measures to see that all CMRS service suppliers comply with the requirements of Section 23-47-50(F).
(4) (D) The board shall convene the committee, and consult with it concerning the performance of the responsibilities assigned to the board and to the committee in this chapter, and the development and maintenance of the state's CMRS emergency telephone services and system.
(5) The board shall report as required or suggested by this chapter, and shall promulgate any regulations, and take such further actions, as are appropriate in implementing it.
(D)(E) CMRS providers are entitled to retain two percent of the fees collected as reimbursement for collection and handling of the CMRS 911 charge.
(E) At the end of the three-year term, on August 1, 2001, the committee's existence terminates and all its duties and powers devolve to the board, except that the committee may continue to exist and function upon adoption by the General Assembly of a joint resolution extending its existence past August 1, 2001."
SECTION 3. This act takes effect upon approval by the Governor.
Senator BRYAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 37 (Word version) -- Senators Hayes, Elliott, Giese and Rankin: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0037.001.DOC), which was adopted:
Amend the bill, as and if amended, page 1, line 34, in Section 27-40-710(D), as contained in SECTION 1, by striking /may/ and inserting / may shall /.
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 37 (Word version) -- Senators Hayes, Elliott, Giese and Rankin: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).
On motion of Senator BRANTON, with unanimous consent, the name of Senator BRANTON was added as a co-sponsor of the Bill.
S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0087.002.DOC), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 21, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 27-37-30 of the 1976 Code is amended to read:
"Section 27-37-30. (A) The copy of such the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the Court of Common Pleas court of common pleas of this State or,. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.
(B) when When no person can be found in possession of the premises and the premises shall have remained unoccupied for a space period of fifteen days or more immediately prior to before the date of such service, the copy of such the rule may be served by leaving it affixed to the most conspicuous part of the premises.
(C) When service as provided in subsection (A) has been attempted unsuccessfully three times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the three service attempts to the most conspicuous part of the premises and mailing a copy of the rule in the manner described in item (2):
(1) Each of the three attempts to serve the defendant must be separated by a minimum of seventy-two hours and must occur at times of day separated by a minimum of four hours. The person attempting to serve the rule must document the date and time of the attempts by affidavit or by certificate in the case of a law enforcement officer. The documentation of the three attempts to serve the rule must be attached to the copy of the rule when it is affixed to the premises.
(2) For mailing by ordinary mail to be considered to complete service under this item, it must be accomplished by placing a copy of the rule and documentation of the prior attempts at service in an envelope in the presence of the clerk of the magistrate's court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the residence of the defendant, that the envelope contains the necessary documents, and that the clerk has placed the sealed and stamped envelope in the United States mail. The clerk's verification must be made a part of the record in the case, and service by ordinary mail shall not be considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) shall be collected by the magistrate or his clerk for the verification and mailing in this item.
(3) Mailing of the rule shall constitute service when the requirements of items (1) and (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, the specified time period for the tenant to show cause why he should not be ejected as provided in Section 27-37-20 shall begin to run on the eleventh day after mailing." /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, AND TO AMEND CHAPTER 7 OF TITLE 20 RELATING TO VARIOUS SECTIONS OF THE CHILDREN CODE. (ABBREVIATED TITLE)
On motion of Senator SHORT, with unanimous consent, the Bill was carried over.
S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. William Bond of Conway, S.C.
Senator DRUMMOND moved that, when the Senate adjourns on Friday, April 9, 1999, it stand adjourned to meet next Tuesday, April 13, 1999, at 12:00 Noon, which motion was adopted.
At 11:49 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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