Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 29: "The Lord will give strength to His people; The Lord will bless His people with peace."
O God, our Heavenly Father, You have called us to the sacred trust of representing the people of this State. Make us ready to serve with courage and wisdom. Give us the strength to fulfill the task at hand. Bless us with the abundance of faith that all things can be accomplished with Your guidance. So, guide us, great Jehovah, hear our prayer, mighty God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. OWENS moved that when the House adjourns, it adjourn in memory of Robert Pendarvis of St. George, which was agreed to.
The House stood in silent prayer for Ann B. Sanders, assistant accounts manager in House Bookkeeping Department, and her family in the loss of her son Carlton Bradley "Brad" as the result of a traffic accident.
The following was received and referred to the appropriate committee for consideration:
Document No. 2729
Agency: Department of Labor, Licensing and Regulation, Board of Pharmacy
Statutory Authority: 1976 Code Section 40-43-10 et seq.
Fees
Received by Speaker of the House of Representatives
April 26, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration August 24, 2002 (Subject to Sine Die Revision)
The following was received:
Columbia, S.C., April 25, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 892:
S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5201 (Word version) -- Reps. Riser, Bingham, Frye, Huggins, Koon and Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE REPRESENTATIVE JAKE KNOTTS ON RECENTLY BEING ELECTED TO THE SOUTH CAROLINA SENATE AND TO COMMEND HIM FOR ALL THE WORK HE DID WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES TO SERVE THE PEOPLE OF HIS DISTRICT AND TO MAKE THE PALMETTO STATE A BETTER PLACE FOR ALL.
Whereas, on Tuesday, April 23, 2002, Representative Jake Knotts of Lexington County received strong support in his bid to become the newest member of the South Carolina Senate from Senate District 23; and
Whereas, Representative Knotts is a retired law enforcement officer who has served in every position in law enforcement from a patrolman with the Columbia Police Department to the Deputy Coroner for Lexington County; and
Whereas, Jake Knotts was first elected to the South Carolina House of Representatives in 1995, where he distinguished himself as a hard-working "man of the people" and a trusted colleague; his dedication and determination to faithfully serve the people of his district caused his peers to name him Freshman Legislator of the Year in 1996; and
Whereas, Representative Knotts has served with distinction on the House Judiciary Committee since his election in 1995; he contributed immensely to the deliberations of the Special Laws, the Criminal Law, and the Rules subcommittees; and
Whereas, a special election was held on Tuesday, April 23, 2002, to fill a vacant seat in the South Carolina Senate, and Representative Jake Knotts tossed his hat into the ring and announced that he would seek to continue serving the citizens of Lexington County as their new State Senator; and
Whereas, both Representative Knotts and his opponent ran clean, honest campaigns that addressed the issues facing voters, and when all the votes were counted, the people's voice was heard loud and clear to say that they appreciate all the work that Jake Knotts has done over the past seven years in the House of Representatives, and they want to see him continue that work as the new Senator from District 23. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, congratulate Representative Jake Knotts on recently being elected to the South Carolina Senate and commend him for all the work he did while a member of the House of Representatives to serve the people of his district and to make the Palmetto State a better place for all.
Be it further resolved that a copy of this resolution be forwarded to Representative Jake Knotts of West Columbia, South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1196 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
Rep. KELLEY moved to waive Rule 5.12, which was agreed to by a division vote of 17 to 0.
On motion of Rep. KELLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5207 (Word version) -- Reps. Kennedy, Snow and Harvin: A BILL TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
Referred to Committee on Education and Public Works
S. 873 (Word version) -- Senators Glover, Ford, McGill, Anderson, Patterson, O'Dell, Hutto, Land, Short, Holland, Leventis and Moore: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF DEEDS, OR COUNTY TREASURERS, SO AS TO PROVIDE FOR UNIFORM FEE INCREASES; TO AMEND SECTION 12-24-90, RELATING TO THE CALCULATION OF THE DOCUMENTARY STAMP FEES, SO AS TO INCREASE THE COUNTY'S PORTION OF THE DOCUMENTARY STAMP FEE.
Referred to Committee on Ways and Means
S. 926 (Word version) -- Senators Ritchie, Ford, Hutto, Drummond, Matthews, Reese, Martin, Moore, Setzler, Fair and Holland: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA STATE PORTS AUTHORITY TO BEGIN THE PERMITTING PROCESS AS WELL AS THE ENVIRONMENTAL IMPACT STUDY FOR PORT EXPANSION ON DANIEL ISLAND, COOPER RIVER SIDE, TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, THE PUBLIC RAILWAY DIVISION OF THE DEPARTMENT OF COMMERCE, AND THE STATE INFRASTRUCTURE BANK TO EXPLORE ALL POTENTIAL OPPORTUNITIES, FEDERAL RESOURCES FOR INFRASTRUCTURE IMPROVEMENTS FOR PORT EXPANSION, AND TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO TAKE STEPS TO PROVIDE INDEMNIFICATION FOR BOARD MEMBERS RELATING TO THEIR SERVICE ON THE BOARD.
Referred to Committee on Ways and Means
S. 934 (Word version) -- Senator Hayes: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR SPECIAL PURPOSE DISTRICTS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Referred to Committee on Judiciary
S. 1047 (Word version) -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1035 SO AS TO PERMIT THE SAMPLING OF WINES CONTAINING OVER SIXTEEN PERCENT BY VOLUME OF ALCOHOL, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary
S. 1203 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY AND PROHIBITIONS CONCERNING THE HUNTING OF WATERFOWL, SO AS TO REVISE PROVISIONS PERTAINING TO THE HUNTING OF MIGRATORY BIRDS AND WATERFOWL AND PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1226 (Word version) -- Senator Land: A BILL TO REPEAL SECTION 50-11-1280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SHOOTING PRESERVES IN GAME ZONES 7 AND 9.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1239 (Word version) -- Senator Richardson: 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 94, SO AS TO PROVIDE FOR THE ISSUANCE OF A SOUTH CAROLINA VETERANS SPECIAL LICENSE PLATE.
Referred to Committee on Education and Public Works
S. 1240 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1241 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR STORM WATER MANAGEMENT AND SEDIMENT REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2698, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 5203 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS EMPLOYEE STERLING JORDAN OF COLUMBIA FOR HIS LEADERSHIP AND DEDICATION TO HIS POSITION AS A CORRECTIONAL OFFICER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5204 (Word version) -- Reps. Rivers, Bowers, Gilham, Lloyd and Rodgers: A CONCURRENT RESOLUTION TO PUBLICLY RECOGNIZE AND THANK MR. HARRY S. (JU JU) HUTSON, JR., OF HARDEEVILLE FOR HIS LEADERSHIP IN AND SERVICE TO HIS COMMUNITY, COUNTY, AND STATE OVER A PERIOD OF MANY YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. PHILLIPS, with unanimous consent, the following was taken up for immediate consideration:
H. 5205 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 2002, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A PERSON TO FILL THE AT-LARGE SEAT ON THE WINTHROP UNIVERSITY BOARD OF TRUSTEES, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Be it resolved by the House of Representatives, the Senate concurring:
(1) that the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives on Wednesday, May 29, 2002, immediately following the election of judges, for the purpose of electing a person to fill the at-large seat on the Winthrop University Board of Trustees.
(2) that all nominations be made by the Chairman of the Joint Legislative Committee which screened the candidates for the above offices and that no further nominating nor any seconding speeches be made during the joint session by members of the General Assembly on behalf of any of the candidates.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5206 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE GOVERNOR AND APPROPRIATE OFFICIALS OF THE STATE OF SOUTH CAROLINA AND THE SECRETARY AND APPROPRIATE OFFICIALS OF THE UNITED STATES DEPARTMENT OF ENERGY TO MEET AND PROVIDE THE PEOPLE OF SOUTH CAROLINA WITH AN ENFORCEABLE AGREEMENT THAT GUARANTEES THAT SOUTH CAROLINA WILL NOT BECOME THE NATION'S LONG-TERM STORAGE AREA FOR PLUTONIUM AND THAT ALL PLUTONIUM SHIPPED INTO THIS STATE BY OR UNDER THE AUSPICES OF THE DEPARTMENT OF ENERGY WILL BE SAFELY CONVERTED INTO MIXED OXIDE FUEL OR REMOVED FROM THE STATE OF SOUTH CAROLINA IN A TIMELY MANNER.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Perry Phillips Quinn Rhoad Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, April 30.
George Campsen James Klauber Bill Cotty Seth Whipper Lonnie Hosey Becky Martin Dwight Loftis Anne Parks Alex Harvin Marion Carnell
LEAVE OF ABSENCE
The SPEAKER granted Rep. TROTTER a leave of absence for the week.
The SPEAKER granted Rep. WEBB a leave of absence.
Announcement was made that Drs. Hunter E. Woodall and Lee Church of Anderson are the Doctors of the Day for the General Assembly.
Reps. OWENS, A. YOUNG and CHELLIS presented to the House the Dorchester Academy Varsity Girls Basketball Team, the 2002 South Carolina Independent School Association Class AAA State Champions, their coaches and other school officials.
Rep. HUGGINS presented to the House the Chapin High School SAT Team-2002, the 2002 Class AA State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 5146 (Word version)
Date: ADD:
04/30/02 HARVIN
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted:
S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5190 (Word version) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
H. 5191 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF SCHOOL TAX MILLAGE FOR SPECIFIED PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003.
H. 5196 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.
H. 4713 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.
Rep. WEEKS explained the Bill.
The following Bill was taken up:
H. 5195 (Word version) -- Reps. Sinclair, Allison, Davenport, Lee, Littlejohn, W. D. Smith, Talley and Walker: A BILL TO AMEND ACT 769 OF 1973, RELATING TO THE CREATION OF THE REIDVILLE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THE BOARD OF FIRE CONTROL AND STAGGER THEIR TERMS.
Rep. SINCLAIR moved to commit the Bill to the Spartanburg Delegation, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
The following Bill was taken up:
H. 5164 (Word version) -- Reps. Cotty, J. Brown, Harrison, Howard, Scott, J. E. Smith, Lourie, J. H. Neal, Bales and Rutherford: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN FIFTEEN YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Rep. SCOTT moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURER SHALL NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN AN INSURED'S MOTOR VEHICLE BECOMES AN UNINSURED MOTOR VEHICLE, AND PROVIDE THAT AN INSURER MUST NOTIFY THE DEPARTMENT OF ALL FIRST TIME AND RENEWAL POLICIES IT ISSUES, TO DELETE A PROVISION THAT REQUIRES THE FORWARDING OF SURRENDERED LICENSE PLATES TO THE DEPARTMENT OF REVENUE, AND TO DELETE THE FIVE DOLLAR REINSTATEMENT FEE ASSESSED AGAINST A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATE AND REGISTRATION CERTIFICATE BEFORE THEY ARE SUSPENDED UNDER CERTAIN CIRCUMSTANCES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22532CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 10, Title 56 of the 1976 Code is amended by adding:
Section 56-10-610. This article may be cited as the 'Motorist Insurance Database Program Act'.
Section 56-10-620. As used in this article, unless the context otherwise requires:
(1) 'Contractor' means designated agent or the party with which the division contracts pursuant to Section 56-10-640.
(2) 'Database' means the motorist insurance database described in Section 56-10-640.
(3) 'Department' means the Department of Public Safety.
(4) 'Division' means the Motor Vehicles Division in the Department of Public Safety.
(5) 'Program' means the motorist insurance database program created in Section 56-10-640.
Section 56-10-630. (A) The General Assembly finds that the purpose of this article is to help reduce the uninsured motorist population in this State and to measure the effectiveness of the motorist insurance database established pursuant to this article.
(B) The General Assembly further recognizes that the information and data required to be disclosed by insurers in creating and maintaining the motorist insurance database is proprietary in nature. Accordingly, the parties handling this information and data must at all times maintain its confidential and proprietary nature.
(C) The motorist insurance database program is created for the purpose of establishing a database to use when verifying compliance with the motor vehicle financial security requirements in this chapter.
Section 56-10-640. (A)(1) The motorist insurance database program shall be administered by the division. Pursuant to the South Carolina Consolidated Procurement Code, the division may contract with a contractor who may provide a system of transmitting data from insurance companies. The division must solicit and receive at least two bids on the contract before awarding the contract.
(2) The department shall convene a working group chaired by the director of the division or his designee for the purpose of facilitating the implementation of the program, assisting in development of regulations, and coordinating a testing phase, and necessary changes identified in this testing phase, as prescribed by the working group. The working group shall consist of five representatives of the insurance industry appointed by the Director of the Department of Insurance. The working group shall also consist of the Director of the Department of Insurance, or his designee, the Director of the Motor Vehicles Division, or his designee, and any contractor. The working group shall issue a report to the Motor Vehicles Division and the Department of Insurance twelve months after the program is implemented to evaluate the program's effectiveness in identifying uninsured motorists. The working group may issue recommendations for database enhancements.
(B) The Motor Vehicles Division shall develop, in a manner prescribed by the department, a system to allow the transmission of data from insurance companies to the division.
(C) The department, with input from the Department of Insurance, shall promulgate regulations for administering and enforcing this article. The regulations shall specify the requirements that are necessary and appropriate for commercial lines of insurance, as defined in Title 38, which shall be developed with input by the Department of Insurance.
(D) The division for a fee prescribed and promulgated by regulation, shall make available to insurers by subscription a monthly electronic list of newly-licensed drivers. This list must not be used for marketing, solicitation, or another purpose not specifically enumerated here. It may only be used to provide an additional method to reduce the uninsured motorist population. This monthly list of newly-licensed drivers must show the: name and gender of the driver, address, date of birth, South Carolina driver's license number, and, if available, insurance information provided in the liability certification portion of the application for a driver's license. This information may be used for:
(1) determining if a newly-licensed driver is insured;
(2) assigning a newly-licensed driver to the proper automobile insurance policy for rating purposes; and
(3) ordering a motor vehicle report on a newly-licensed driver.
Section 56-10-650. (A) If the database indicates that a motor vehicle is not insured or if the division receives notification as prescribed by regulation that a vehicle may not be insured, the division shall notify the owner of the motor vehicle that he has forty-five days to provide the division with one of the following, or the owner's license plates will be subject to suspension:
(1) proof of complying coverage in accordance with Section 56-10-10 or 56-10-220, or of self-insurance in accordance with Section 56-9-60; or
(2) proof of exemption from the financial security requirements.
(B) Verification in a manner prescribed by regulation from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of financial responsibility for purposes of this section.
(C) The provisions of this section take effect no later than one hundred eighty days after certification by the department as provided in Section 10.
Section 56-10-660. (A) The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported database information upon request by the following individuals and agencies only:
(1) the individual;
(2) the parent or legal guardian of an individual who is an unemancipated minor;
(3) the legal guardian of an individual who is legally incapacitated;
(4) any person who has power of attorney from the individual;
(5) any person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;
(6) any person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;
(7) the office of the state auditor, for the purpose of conducting any audit authorized by law;
(8) any state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or
(9) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse.
(B) The funds collected from this fee described by subsection (A) shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.
(C) The State is not liable to any person for gathering, managing, or using information in the database pursuant to this article.
(D) No insurer is liable to any person for performing its duties under this article unless, and to the extent, the insurer commits a wilful and wanton act or omission.
(E) Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the division, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to this subsection shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.
Section 56-10-670. This article shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements of this chapter."
SECTION 2. Section 56-10-553 of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"Section 56-10-553. (A) The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the Department of Insurance from the uninsured motorist fee during the fiscal year.
(B) The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.
(C) The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.
(D) The Department of Public Safety must provide an annual report to the General Assembly and the Department of Insurance containing the information required in subsections (A) and (B) of this section."
SECTION 3. Section 56-10-225 of the 1976 Code, as last amended by Act 90 of 2001, is further amended to read:
"Section 56-10-225. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.
(B) The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times, and it must be displayed upon demand of a police officer or any other person duly authorized by law.
(C) A person who fails to maintain the proof of insurance in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof to the court that the motor vehicle was insured at the time of the violation to the court within seven days of being charged with a violation of the provision contained in subsection (A) on the date of the violation. Upon notice of conviction, the department shall suspend the owner's driver's license until satisfactory proof of insurance is provided. If at any time the department determines that the vehicle was without insurance coverage, the owner's registration and driving privileges will be suspended pursuant to Section 56-10-520. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.
(D) The penalties provided in subsection (C) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."
SECTION 4. Section 56-10-520 of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"Section 56-10-520. A person who owns an uninsured motor vehicle:
(1) licensed in the State; or
(2) subject to registration in the State;
who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, shall be is guilty of a misdemeanor.
A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, shall be is guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days; for a second offense be fined two hundred dollars or imprisoned for thirty days, or both; or for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section.
The director or his designee, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to submit the certificate of insurance provided for by Section 56-10-510. The refusal or neglect of the owner who has not, before the date of operation, paid the uninsured motor vehicle fee required by Section 56-10-510 as to such motor vehicle, to furnish such certificate must be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation. A person who presents or causes to be presented to the director a false certificate that a motor vehicle is an insured motor vehicle or false evidence that a motor vehicle sought to be registered is an insured motor vehicle, is guilty of a misdemeanor and, upon conviction, must be fined pursuant to Section 56-10-260.
However, the foregoing portions of this section must not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-10-245 must be applicable.
Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the director as prescribed by Section 56-9-330. The director shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a notice of a violation of any provisions of this section, and he the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-10-510 and furnishes proof of future financial responsibility as prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the date of the suspension herein required proof was required, the director may relieve such the person of the requirement of furnishing proof of future financial responsibility. When such the suspension results from a conviction for presenting or causing to be presented to the director a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such the person so convicted for a period of one hundred eighty days from the date of such the order of suspension, and only then when all other provisions of law have been complied with by such the person. The director shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a notice of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license until thirty days from the date of such the order of suspension."
SECTION 5. Section 56-10-40 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the director or his designee in lieu of such insurance shall immediately notify the department in a manner prescribed by regulation of the lapse or termination of any such insurance or security during the immediately preceding month as prescribed by regulation. issued to or provided for a resident of this State in the following circumstances: This notification must be made in a manner prescribed by the working group.
(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
This notification must be in writing or magnetic media in a manner considered satisfactory to the department. Upon receipt of any such notice the department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."
SECTION 6. Section 56-10-240 of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If an automobile liability insurance premium is not paid within five working days after the last day to pay the premium, whether it is the premium due date or a grace period that is granted customarily or contractually, a motor vehicle is an uninsured motor vehicle, and the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew if the lapse or termination of such insurance or security occurs within three months of issuance, provided that this subsection only applies to new policies, and not renewal or replacement policies.
(B) The department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation, of or refusal to renew, new policies written, and renewals to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue office in the county where the person who surrenders the plates resides.
(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only not be charged a reinstatement fee of five dollars.
(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.
(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 7. The 1976 Code is amended by adding:
"Section 56-10-46. A person responding to the notice contained in Section 56-10-40 who purchased insurance after receiving the notice shall have his motor vehicle record noted to indicate that he will be subject to regular requests for proof of insurance from the Motor Vehicles Division. The person shall be required to provide proof of coverage as prescribed by regulation every seven months for a period of three years."
SECTION 8. The 1976 Code is amended by adding:
"Section 56-10-615. The Motor Vehicles Division shall obtain information from insurers regarding cancellations of automobile insurance policies. The division shall request proof of insurance from persons identified by the Motorist Insurance Database. A person who fails to respond to the division must be penalized as provided in Article 5 of this chapter."
SECTION 9. Section 38-73-470 of the 1976 Code is amended to read:
"Section 38-73-470. One dollar Two dollars of the yearly premium for uninsured motorist coverage is directed to be paid to the South Carolina Department of Public Safety to be placed on deposit with the State Treasurer in the 'Uninsured Enforcement Fund', payable on a quarterly basis, to provide for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56. Of the two dollars collected, eighty cents must be distributed to the South Carolina Highway Patrol and one dollar twenty cents must be distributed to the Motor Vehicles Division. Interest earned by the 'Uninsured Fund' must be retained by that fund. There is no requirement for an insurer or an agent to offer underinsured motorist coverage at limits less than the statutorily required bodily injury or property damage limits."
SECTION 10. Section 56-10-270 of the 1976 Code is repealed.
SECTION 11. Section 56-3-220 of the 1976 Code is repealed.
SECTION 12. This act takes effect July 1, 2002; provided, however, that Sections 5, 6, and 9 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department. /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
Reps. YOUNG and CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22538CM02), which was adopted:
Amend the bill, as and if amended, Section 56-10-240(C), as contained in SECTION 4, page 8, by striking /may/ on line 26, and inserting /shall/.
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
Rep. TRIPP explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5101 (Word version) -- Reps. Talley, Bingham, Weeks and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-235 SO AS TO PROHIBIT THE DISPENSING OF OPHTHALMIC LENSES WITHOUT HAVING FIRST OBTAINED A VALID, UNEXPIRED PRESCRIPTION OR ORDER FOR THE LENSES FROM A LICENSED OPTOMETRIST OR LICENSED PHYSICIAN, SURGEON, OR OSTEOPATH AND PROVIDE A PENALTY FOR VIOLATION, AND TO INCLUDE WITHIN THE DEFINITION OF OPHTHALMIC LENS A CONTACT LENS WITH OR WITHOUT POWER.
Rep. TALLEY moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
Rep. J. BROWN moved to adjourn debate upon the following Joint Resolution until Wednesday, May 1, which was adopted:
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Wednesday, May 1, which was adopted:
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
The following Bill was taken up:
H. 4411 (Word version) -- Reps. J. R. Smith, Altman, Walker, Clyburn and McLeod: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID TO BE PLACED ON LICENSE PLATES.
Rep. STUART explained the Bill.
Rep. MERRILL objected to the Bill.
Rep. STUART continued speaking.
Reps. RICE, KIRSH, HINSON, A. YOUNG, SNOW, CHELLIS, LEE, SHEHEEN, MOODY-LAWRENCE, BATTLE, ALTMAN, GOVAN and DAVENPORT requested debate on the Bill.
The following Bill was taken up:
H. 4911 (Word version) -- Reps. Kelley, A. Young, Loftis, Bales, Edge, Clyburn, J. R. Smith, Whipper, Barfield, Chellis, Davenport, Gilham, Gourdine, Govan, Harrison, Harvin, J. Hines, Hinson, Keegan, Law, Leach, Owens, Rodgers, Sandifer, Scarborough, Townsend and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-72 SO AS TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION SHALL APPOINT AN ADVISORY PANEL TO RECOMMEND TO THE STATE BOARD OF EDUCATION BY JUNE 1, 2002, A PLAN TO IMPLEMENT A UNIFORM SCHOOL TERM STARTING DATE AFTER LABOR DAY FOR PUBLIC SCHOOLS IN SOUTH CAROLINA BEGINNING WITH THE 2003-04 SCHOOL YEAR AND SUGGESTED PACT TESTING DATES FOR THE 2003-2005 SCHOOL YEARS, AND TO PROVIDE THAT THE STATE BOARD SHALL ACT ON THE RECOMMENDATIONS OF THE ADVISORY PANEL BY AUGUST 31, 2002, AND IMPLEMENT THE RECOMMENDATIONS EFFECTIVE WITH THE 2003-04 SCHOOL YEAR.
Reps. KELLEY, KEEGAN, BALES, SNOW, LOURIE, KENNEDY, OTT, WHIPPER, COBB-HUNTER, CLYBURN, MILLER, HAYES, EMORY, J. M. NEAL, MACK, BREELAND, MOODY-LAWRENCE, GOURDINE, MCCRAW, PHILLIPS, LLOYD, GILHAM and BARFIELD requested debate on the Bill.
The following Bill was taken up:
S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. J. BROWN objected to the Bill.
Rep. FLEMING moved to adjourn debate on the Bill until Wednesday, May 1, which was agreed to.
The following Bill was taken up:
H. 5048 (Word version) -- Reps. J. E. Smith, Harrison and Cobb-Hunter: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11642AC02), which was adopted:
Amend the bill, as and if amended, Section 20-7-510(A), beginning on page 1, line 42 through page 2, line 2, by deleting /child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect/ and inserting /child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect child has been or may be abused or neglected as defined in Section 20-7-490/. So, when amended Section 20-7-510(A) reads:
/ "(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian science practitioner, religious healer, member of the clergy, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect child has been or may be abused or neglected as defined in Section 20-7-490."/
Amend the bill further, Section 20-7-550, page 2, line 9 by deleting /priest/ and inserting /priest clergy member/ and by deleting on lines 13 through 15 / However, privileged communications between a priest and penitent only apply when the communication is made in the course of a sacramental confession. / and inserting /However, a clergy member must report in accordance with this subarticle except when information is received during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90./. So, when amended Section 20-7-550 reads:
/ "Section 20-7-550. The privileged quality of communication between husband and wife and any professional person and his patient or client, except that between attorney and client or priest clergy member and penitent, is abrogated and does not constitute grounds for failure to report or the exclusion of evidence in a civil protective proceeding resulting from a report pursuant to this article. However, a clergy member must report in accordance with this subarticle except when information is received during a communication that is protected by the clergy and penitent privilege as defined in Section 19-11-90."
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4861 (Word version) -- Reps. Coleman, Cotty, G. M. Smith, W. D. Smith, Allen, G. Brown, Davenport, Delleney, Emory, Harrison, Howard, Jennings, Lourie, McCraw, J. M. Neal, Ott, Phillips, Sheheen, Sinclair, F. N. Smith, J. E. Smith, Talley, Weeks, Whatley, Witherspoon and J. Young: A BILL TO AMEND SECTION 56-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH TRAFFIC CITATIONS ISSUED IN SOUTH CAROLINA OR A COMPACT JURISDICTION, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A CITATION FOR A VIOLATION OF TITLE 50 OR ANOTHER LAW REGULATING HUNTING OR FISHING ISSUED IN THIS OR ANOTHER COMPACT JURISDICTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5331DJC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-25-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-25-20. (A) When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or a person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation or a citation for a violation of Title 50 or another law regulating hunting, fishing, or boating issued in this or any another compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing, wildlife or boating regulatory authority of a compact jurisdiction is received no not more than twelve months from the date on which the traffic, hunting, fishing, or boating citation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the traffic, hunting, fishing, or boating citation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.
Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic, hunting, fishing, or boating citation, the department shall notify the licensing authority in the compact jurisdiction for such appropriate action as appropriate under the terms of the compacts.
(B) Notice of suspension pursuant to this section must be by certified mail, return receipt requested."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COLEMAN explained the amendment.
Rep. WALKER requested debate on the Bill.
Rep. COLEMAN continued speaking.
Reps. A. YOUNG, STUART, WITHERSPOON, BALES, FRYE, COATES, OTT, HINSON, BREELAND, SHARPE, GOURDINE, DAVENPORT and RUTHERFORD requested debate on the Bill.
The following Bill was taken up:
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J. H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J. R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5339DJC02), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 1 by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Chapter 13, Title 16 of the 1976 Code is amended by adding:
"Section 16-13-177. (A) In addition to the penalties provided by law, when an offense in violation of Section 16-11-580, 16-13-30, 16-13-230, or 16-13-240 involves timber theft valued in excess of five thousand dollars all motor vehicles, conveyances, tractors, trailers, watercraft, vessels, tools, and equipment of any kind, used or positioned for use, in acquiring, cutting, harvesting, manufacturing, producing, processing, delivering, importing, or exporting timber or timber products that are known by the owner to be used in the commission of the offense may be confiscated and forfeited to the jurisdiction where the offense occurred if the offender is the owner or registered owner of the property and the offender or someone under his direction or control knowingly used the property during the commission of the offense.
(B) Property subject to forfeiture under this section may be seized or confiscated by any law enforcement officer incident to a lawful arrest or a warrant issued for the purpose by a court of competent jurisdiction pursuant to subsection (A). The confiscating officer must deliver the property immediately to the county or municipality where the offense occurred. The county or municipality must notify the registered owner of the property by certified mail within seventy-two hours of the confiscation. Upon notice the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The confiscation hearing must be held within ten days from the date of receipt of the request. The property must remain confiscated unless the registered owner can show by a preponderance of the evidence that the property seized was not knowingly used in the commission of the crime. However, in the event the owner is unable to make such a showing, all property seized under this section must be returned to the owner upon proof of ownership and posting a bond in a sufficient amount not to exceed ten thousand dollars. The county or municipality in possession of the property must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(C) Upon conviction of a person owning and using the seized property or upon his plea of nolo contendre to an offense subjecting the property to forfeiture, the county or municipality where the offense occurred or the Forestry Commission may initiate an action in circuit court of the county in which the property was seized to accomplish forfeiture by giving notice to registered owners of record, lienholders of record, and other persons claiming an interest in the property subject to forfeiture and by giving these persons notice and an opportunity to appear and show cause why the property should not be forfeited and disposed of as provided in this section. Failure of a person claiming an interest in the property to appear at this proceeding after having been given notice constitutes a waiver of the claim. However, the failure to appear does not affect the claim of a lienholder of record. The court, after hearing, may order the property forfeited to the county or municipality and sold as provided in this section or returned to the owner or registered owner. Forfeiture of property is subordinate in priority to all valid liens and encumbrances. A person whose property is subject to forfeiture under this section is entitled to a jury trial if requested.
(D) When property is forfeited under this section, the judge must order the property sold at public auction by the seizing agency as provided by law. Notwithstanding any other provision of law, proceeds from the sale may be used by the agency for payment of all proper expenses of the proceeding for the forfeiture and sale of the property, including the expenses of the seizure, maintenance, and custody and other costs incurred by the implementation of this section. The net proceeds of any sale pursuant to this section shall be distributed to the victim of the offense in an amount to be determined by the presiding judge and any remaining proceeds shall be disbursed to the South Carolina Commission on Forestry to be used exclusively for timber theft enforcement, prevention, and awareness."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3056 (Word version) -- Reps. Meacham-Richardson, A. Young, Simrill, Stille, White, Perry, Rodgers, Gilham and Lourie: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22525CM02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Domestic Violence Prevention Act of 2002".
SECTION 2. The 1976 Code is amended by adding:
"Section 16-25-35. A person who violates Section 16-25-20, and who has previously been convicted of a violation of that section or Section 16-25-65 within the previous ten years, is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services."
SECTION 3. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 317 of 1996, is further amended by adding at the end:
"( 12 ) The murder was committed in violation of:
(a) a valid order of protection in effect at the time of the murder whether issued:
(i) pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act'; or
(ii) pursuant to a similar provision of law of another jurisdiction;
(b) a valid restraining order in effect at the time of the murder issued as part of a decree pursuant to a family court proceeding; or
(c) a restraining order in effect at the time of the murder issued pursuant to Section 16-3-1750 against a person engaged in harassment or stalking. However, a violation of an order of protection or restraining order issued against both the defendant and the victim does not constitute an aggravating circumstance under this section.
(13) The murder was committed against a victim who was a household member as defined in either Section 20-4-20(b) or Section 16-25-10 and the defendant had at least one prior conviction for committing one of the following offenses against the victim:
(a) assault and battery of a high and aggravated nature;
(b) assault and battery with intent to kill;
(c) an offense listed in Chapter 25, Title 16;
(d) an offense listed in Chapter 3, Title 16; or
(e) an offense of another jurisdiction similar to the ones listed in this subitem."
SECTION 4. Section 16-25-30 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-30. (A) Any A person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
(B) After a conviction under this section, the offender may, after five years from the date of the conviction, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. The court shall issue an order expunging the records if the following conditions are met:
(1) The offender has had no other conviction during the five-year period following the conviction under this section;
(2) The offender previously has not participated in a pretrial intervention program for first offense criminal domestic violence; and
(3) The offender must have completed, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division must keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under the Freedom of Information Act, or any other provision of law, except to authorized law enforcement or court officials who need this information to prevent the rights afforded by this section from being taken advantage of more than once."
SECTION 5. Section 16-25-40 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-40. Any A person who violates Section 16-25-20 after previously having previously been convicted of two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not less than ninety days or more than three years, or both. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services."
SECTION 6. Section 16-25-50 of the 1976 Code, as last amended by Act 312 of 1998, is further amended to read:
"Section 16-25-50. A person violating the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act' or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or and fined not more than five hundred dollars. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services. A person found guilty of a violation of Section 16-25-20 and this section may not be sentenced under both sections for the same offense. A person found guilty of a violation of Section 16-25-65 and this section for the same offense must be sentenced under Section 16-25-65."
SECTION 7. Section 16-25-60 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence, except for the minimum mandatory sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."
SECTION 8. Section 16-25-65 of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.
A person who violates Section 16-25-20 is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs:
(1) the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or
(2) the person intentionally commits an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.
(B) A person who commits the a crime of criminal domestic violence of a high and aggravated nature contained in subsection (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
(C) The provisions of this section subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature."
SECTION 9. Section 16-25-70(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communications with the appropriate police department. If a violation of this chapter is reported at a later time, and a law enforcement agency was not notified at the time the alleged violation occurred, the law enforcement agency must complete an investigation of the allegations. A charge may be brought only by presenting the results of the investigation conducted by the law enforcement agency and any other evidence for review by a judge who may issue an arrest warrant upon a showing of probable cause."
SECTION 10. Section 17-22-50 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-50. (A) A person may not be considered for intervention if:
(1) he has previously has been accepted into an intervention program nor may intervention be considered for those individuals; or
(2) The person is charged with:
(a) blackmail,
(b) driving under the influence of intoxicating liquor or drugs,
(c) any a traffic-related offense which is punishable only by fine or loss of points, or
(d) any a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020, or
(e) any a crime of violence as defined in Section 16-1-60, or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been previously convicted of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 11. Section 16-3-26(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A) (1) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(2) When a solicitor gives a defense attorney notice of intent to seek the death penalty, he also must provide a copy of the notice of intent to seek the death penalty to the court administrator of this State and to the Commission on Indigent Defense. If he does not contain it in his notice, the solicitor notifying the court administrator of his intent to seek the death penalty in a death penalty case simultaneously must provide the court administrator with the information required by Section 14-29-10."
SECTION 12. Title 14 of the 1976 Code is amended by adding:
Section 14-29-10. (A) When a solicitor gives a defense attorney notice of the solicitor's intent to seek the death penalty as required under Section 16-3-26, the solicitor also must provide a copy of his notice of intent to seek the death penalty to the court administrator of this State.
(B) The solicitor's notice to the court administrator also must include the date the notice is made, the alleged crime, the date the alleged crime occurred, the county in which the alleged crime occurred, demographic information about the victim, and the person or persons charged with the crime, including their age, race, sex, and ethnic background.
(C) The court administrator must use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.
(D) The Office of Court Administration must compile, collate, index, and maintain a file of the information required by subsection (B). The file must be available to the general public during the normal business hours of the offices of Court Administration.
(E) Nothing in this section may be construed to prohibit the Office of Court Administration from requiring solicitors to report information which is required by another statute to be reported to the office.
(F) If a person desires to question the accuracy or completeness of any information submitted by the solicitor to the Office of Court Administration, he may submit a written request to the Office of Court Administration. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Upon receipt of the request, the office, within sixty days of receipt of a written request for clarification, must review its information and forward the results of the review to the person requesting the review.
(G) If the office concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the office must inform the individual of its correction of any error in the record under this subdivision within sixty days.
(H) If the office denies the allegations of inaccuracy or incompleteness in the record, the matter, at the option of the applicant, may be referred for administrative adjudication in accordance with the rules of the local governing body.
(I) For purposes of this section, 'Court Administrator' and 'Office of Court Administration' have the same meaning and may be used interchangeably as the context may require.
(J) Nothing in this section, nor the failure of a solicitor to notify the court administrator of his intent to seek the death penalty or to supply the court administrator with information required by this section, nor the failure of the court administrator or another person to comply with this section, may be taken or construed to confer a benefit or defense upon a defendant charged with a criminal offense in this State."
SECTION 13. Section 16-25-10 of the 1976 Code, as last amended by Act 519 or 1994, is further amended to read:
"Section 16-25-10. As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 14 Section 20-4-20(b) of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"(b) 'Household member'; means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 15. The 1976 Code is amended by adding:
"Section 22-5-920. Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 16. This act takes effect January 1, 2003, and applies to all offenses occurring on or after that date. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Reps. ALTMAN and LLOYD requested debate on the Bill.
Rep. DELLENEY continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. DELLENEY having the floor.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
Columbia, S.C., April 30, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 p.m. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
S. 117 (Word version) -- Senators Ravenel, Branton, Grooms and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, THE GOVERNING BODY THEREOF, AND THE MANNER IN WHICH ITS MEMBERS ARE ELECTED, SO AS TO PROVIDE FOR TWO ADDITIONAL MEMBERS OF THE BOARD TO BE ELECTED FROM THE EAST OF COOPER AREA AS DEFINED HEREIN BEGINNING IN 2002.
Ordered for consideration tomorrow.
Rep. J. YOUNG, from the Sumter Delegation, submitted a favorable report on:
S. 1184 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 620 OF 1992, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
Ordered for consideration tomorrow.
The following was introduced:
H. 5208 (Word version) -- Rep. J. Brown: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE ROBERT R. RANDLE, JR., OF COLUMBIA FOR HIS LIFE LONG DEDICATION TO GREENVIEW PARK AND HIS SERVICE AND COMMITMENT TO THE CITIZENS OF COLUMBIA AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5209 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.
On motion of Rep. J. R. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5210 (Word version) -- Reps. Govan, Allen, Bales, Breeland, G. Brown, Delleney, Freeman, Gourdine, J. Hines, M. Hines, Hosey, Lee, Lloyd, Mack, McCraw, Moody-Lawrence, Neilson, Parks, Phillips, Scott and Stille: A BILL TO AMEND CHAPTER 5, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH THE CONSUMER PROTECTION CODE, BY ADDING PART 4 SO AS TO PROVIDE FOR FAIR AND RESPECTFUL CONSUMER CREDIT REPORTING, ESTABLISH PROCEDURES FOR CORRECTING INACCURATE OR INCOMPLETE REPORT INFORMATION, AND PROVIDE FOR CIVIL PENALTIES FOR NEGLIGENT AND WILFUL VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. DELLENEY having the floor:
H. 3056 (Word version) -- Reps. Meacham-Richardson, A. Young, Simrill, Stille, White, Perry, Rodgers, Gilham and Lourie: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22525CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Domestic Violence Prevention Act of 2002".
SECTION 2. The 1976 Code is amended by adding:
"Section 16-25-35. A person who violates Section 16-25-20, and who has previously been convicted of a violation of that section or Section 16-25-65 within the previous ten years, is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services."
SECTION 3. Section 16-3-20(C)(a) of the 1976 Code, as last amended by Act 317 of 1996, is further amended by adding at the end:
"( 12 ) The murder was committed in violation of:
(a) a valid order of protection in effect at the time of the murder whether issued:
(i) pursuant to Chapter 4, Title 20, the 'Protection from Domestic Abuse Act'; or
(ii) pursuant to a similar provision of law of another jurisdiction;
(b) a valid restraining order in effect at the time of the murder issued as part of a decree pursuant to a family court proceeding; or
(c) a restraining order in effect at the time of the murder issued pursuant to Section 16-3-1750 against a person engaged in harassment or stalking. However, a violation of an order of protection or restraining order issued against both the defendant and the victim does not constitute an aggravating circumstance under this section.
(13) The murder was committed against a victim who was a household member as defined in either Section 20-4-20(b) or Section 16-25-10 and the defendant had at least one prior conviction for committing one of the following offenses against the victim:
(a) assault and battery of a high and aggravated nature;
(b) assault and battery with intent to kill;
(c) an offense listed in Chapter 25, Title 16;
(d) an offense listed in Chapter 3, Title 16; or
(e) an offense of another jurisdiction similar to the ones listed in this subitem."
SECTION 4. Section 16-25-30 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-30. (A) Any A person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
(B) After a conviction under this section, the offender may, after five years from the date of the conviction, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. The court shall issue an order expunging the records if the following conditions are met:
(1) The offender has had no other conviction during the five-year period following the conviction under this section;
(2) The offender previously has not participated in a pretrial intervention program for first offense criminal domestic violence; and
(3) The offender must have completed, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division must keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under the Freedom of Information Act, or any other provision of law, except to authorized law enforcement or court officials who need this information to prevent the rights afforded by this section from being taken advantage of more than once."
SECTION 5. Section 16-25-40 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"Section 16-25-40. Any A person who violates Section 16-25-20 after previously having previously been convicted of two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not less than ninety days or more than three years, or both. The court may suspend the imposition or execution of all or part of the sentence, except the mandatory ninety-day minimum sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services."
SECTION 6. Section 16-25-50 of the 1976 Code, as last amended by Act 312 of 1998, is further amended to read:
"Section 16-25-50. A person violating the terms and conditions of an order of protection issued in this State under Chapter 4, Title 20, the 'Protection from Domestic Abuse Act' or a valid protection order related to domestic or family violence issued by a court of another state, tribe, or territory is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or and fined not more than five hundred dollars. The court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services. A person found guilty of a violation of Section 16-25-20 and this section may not be sentenced under both sections for the same offense. A person found guilty of a violation of Section 16-25-65 and this section for the same offense must be sentenced under Section 16-25-65."
SECTION 7. Section 16-25-60 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:
"Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.
(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
(C) When a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence, except for the minimum mandatory sentence, and place the offender on probation, conditioned upon:
(1) the offender completing, to the satisfaction of the court, a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services;
(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section; and
(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.
(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence."
SECTION 8. Section 16-25-65 of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.
A person who violates Section 16-25-20 is guilty of the offense of criminal domestic violence of a high and aggravated nature when one of the following occurs:
(1) the person intentionally commits an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or
(2) the person intentionally commits an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury or death.
(B) A person who commits the a crime of criminal domestic violence of a high and aggravated nature contained in subsection (A) is guilty of a misdemeanor felony and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both. The court may suspend the imposition or execution of all or part of the sentence, and place the offender on probation conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers offered through a government agency, nonprofit organization, or private provider approved by the Department of Social Services. The offender shall pay a reasonable fee for participation in the treatment program but no one will be denied treatment due to an inability to pay. If the offender suffers from a substance abuse problem, the judge may order, or the batterer treatment program may refer, the offender to supplemental treatment through the Department of Alcohol and Other Drug Abuse Services.
(C) The provisions of this section subsection (A) create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature."
SECTION 9. Section 16-25-70(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(A) A law enforcement officer may arrest, with or without a warrant, a person at the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communications with the appropriate police department. If a violation of this chapter is reported at a later time, and a law enforcement agency was not notified at the time the alleged violation occurred, the law enforcement agency must complete an investigation of the allegations. A charge may be brought only by presenting the results of the investigation conducted by the law enforcement agency and any other evidence for review by a judge who may issue an arrest warrant upon a showing of probable cause."
SECTION 10. Section 17-22-50 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:
"Section 17-22-50. (A) A person may not be considered for intervention if:
(1) he has previously has been accepted into an intervention program nor may intervention be considered for those individuals; or
(2) The person is charged with:
(a) blackmail,
(b) driving under the influence of intoxicating liquor or drugs,
(c) any a traffic-related offense which is punishable only by fine or loss of points, or
(d) any a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020, or
(e) any a crime of violence as defined in Section 16-1-60, or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been previously convicted of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 11. Section 16-3-26(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A) (1) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(2) When a solicitor gives a defense attorney notice of intent to seek the death penalty, he also must provide a copy of the notice of intent to seek the death penalty to the court administrator of this State and to the Commission on Indigent Defense. If he does not contain it in his notice, the solicitor notifying the court administrator of his intent to seek the death penalty in a death penalty case simultaneously must provide the court administrator with the information required by Section 14-29-10."
SECTION 12. Title 14 of the 1976 Code is amended by adding:
Section 14-29-10. (A) When a solicitor gives a defense attorney notice of the solicitor's intent to seek the death penalty as required under Section 16-3-26, the solicitor also must provide a copy of his notice of intent to seek the death penalty to the court administrator of this State.
(B) The solicitor's notice to the court administrator also must include the date the notice is made, the alleged crime, the date the alleged crime occurred, the county in which the alleged crime occurred, demographic information about the victim, and the person or persons charged with the crime, including their age, race, sex, and ethnic background.
(C) The court administrator must use data provided by the solicitors to maintain records and statistics regarding the basic information submitted by the solicitors.
(D) The Office of Court Administration must compile, collate, index, and maintain a file of the information required by subsection (B). The file must be available to the general public during the normal business hours of the offices of Court Administration.
(E) Nothing in this section may be construed to prohibit the Office of Court Administration from requiring solicitors to report information which is required by another statute to be reported to the office.
(F) If a person desires to question the accuracy or completeness of any information submitted by the solicitor to the Office of Court Administration, he may submit a written request to the Office of Court Administration. The request must include a statement of the alleged inaccuracy or incompleteness, and must specify any proof or corroboration available. Upon receipt of the request, the office, within sixty days of receipt of a written request for clarification, must review its information and forward the results of the review to the person requesting the review.
(G) If the office concurs in the allegations of inaccuracy or incompleteness, it must correct the record, and the office must inform the individual of its correction of any error in the record under this subdivision within sixty days.
(H) If the office denies the allegations of inaccuracy or incompleteness in the record, the matter, at the option of the applicant, may be referred for administrative adjudication in accordance with the rules of the local governing body.
(I) For purposes of this section, 'Court Administrator' and 'Office of Court Administration' have the same meaning and may be used interchangeably as the context may require.
(J) Nothing in this section, nor the failure of a solicitor to notify the court administrator of his intent to seek the death penalty or to supply the court administrator with information required by this section, nor the failure of the court administrator or another person to comply with this section, may be taken or construed to confer a benefit or defense upon a defendant charged with a criminal offense in this State."
SECTION 13. Section 16-25-10 of the 1976 Code, as last amended by Act 519 or 1994, is further amended to read:
"Section 16-25-10. As used in this article, 'household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 14. Section 20-4-20(b) of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:
"(b) 'Household member'; means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."
SECTION 15. The 1976 Code is amended by adding:
"Section 22-5-920. Following a first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 16. This act takes effect January 1, 2003, and applies to all offenses occurring on or after that date. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY continued speaking.
The amendment was then adopted.
Reps. LOFTIS, RIVERS and KENNEDY requested debate on the Bill.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5182 (Word version) -- Reps. Limehouse, Cotty, Altman, Campsen, Coates, Coleman, Cooper, Dantzler, Davenport, Freeman, Frye, Hamilton, Harrell, Harrison, Haskins, Hinson, Hosey, Jennings, Kennedy, Law, Lourie, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Neilson, Owens, Phillips, Rivers, Simrill, F. N. Smith, W. D. Smith, Talley, Thompson, Trotter, Vaughn, Wilkins and A. Young: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE THURSDAY BEFORE THE LAST MONDAY IN MAY IN ORDER TO REMIND AMERICANS OF MEMORIAL DAY.
Rep. LIMEHOUSE explained the Bill.
H. 5187 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WEEKS explained the Joint Resolution.
H. 3473 (Word version) -- Reps. J. R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D. C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.
Rep. TOWNSEND explained the Bill.
The following Bill was taken up:
H. 3774 (Word version) -- Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002, CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. FLEMING moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:00 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R283, S. 834 (Word version)) -- Senators Kuhn, Ford and Peeler: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION IN THE 2002-2003 SCHOOL YEAR TO ASSIST INTERESTED SCHOOLS IN IMPLEMENTING STRUCTURED ACADEMIC MENTORING PROGRAMS, DESIGNED TO IMPROVE STUDENT PERFORMANCE AND TO ASSIST THESE SCHOOLS IN DEVELOPING STRUCTURED ACADEMIC MENTORING PROGRAMS THAT MEET THE CRITERIA NECESSARY TO QUALIFY FOR READING FIRST FUNDS ESTABLISHED UNDER THE NO CHILD LEFT BEHIND ACT OF 2001 OR ANY OTHER RESOURCES THAT MAY BE AVAILABLE.
(R284, S. 1020 (Word version)) -- Senators Thomas and Alexander: AN ACT TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
(R285, S. 1183 (Word version)) -- Senators Leventis and Land: AN ACT TO AMEND ACT 741 OF 1990, AS AMENDED, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
(R286, S. 1223 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION OF FAIRFIELD COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR FAIRFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE FAIRFIELD COUNTY ELECTION COMMISSION AND THE FAIRFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FAIRFIELD COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
(R287, S. 1237 (Word version)) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.
The Senate returned to the House with concurrence the following:
H. 5185 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS DEEPEST SYMPATHIES TO THE FAMILY AND MANY FRIENDS OF THE LATE HASKELL FRIERSON, SR., OF CLARENDON COUNTY, UPON HIS PASSING.
H. 5188 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING THE LAKE CITY HIGH SCHOOL WRESTLING TEAM OF FLORENCE COUNTY ON WINNING THE 2002 SOUTH CAROLINA WRESTLING COACHES ASSOCIATION INDIVIDUAL TOURNAMENT STATE CHAMPIONSHIP.
H. 5192 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE YMCA OF GREENVILLE FOR ITS PROGRAMS AND PRINCIPLES THAT TOUCH THE LIVES OF SO MANY IN ITS COMMUNITY AND TO PROUDLY RECOGNIZE THE NEWEST MEMBER OF THE GREENVILLE YMCAS -- THE GEORGE I. THEISEN NORTH GREENVILLE BRANCH YMCA.
H. 5193 (Word version) -- Reps. Harvin, Kennedy and Snow: A CONCURRENT RESOLUTION TO HONOR AND TO EXPRESS SINCERE GRATITUDE TO DR. JOHN F. CLARK III OF COLUMBIA FOR HIS UNTIRING, DEDICATED, AND ENTHUSIASTIC SERVICE AS A TRUSTEE FOR THE COLLEGE OF CHARLESTON.
At 1:35 p.m. the House, in accordance with the motion of Rep. OWENS, adjourned in memory of Robert Pendarvis of St. George, to meet at 10:00 a.m. tomorrow.
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