Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
O God, ruler of all creation and all peoples, we acknowledge You as the Holy One, and yet You have ordained human government for the welfare of humankind. You make us partners in the divine order of human life. As we come to the issues facing us today give us the spirit of wisdom and understanding, the spirit of counsel and might, the spirit of knowledge and the fear of the Lord. Give us a vision of the leadership that reflects the words of the Psalmist: "I delight to do Your will, O My God; Your law is within my heart." (Psalm 40:8) 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 yesterday, the SPEAKER ordered it confirmed.
Rep. STUART moved that when the House adjourns, it adjourn in memory of Martha Cone, stepmother of Tom Cone, deputy director of Legislative Council, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 5108 (Word version) -- Reps. Law, Cato, Sandifer and Trotter: A BILL TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORTS REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN GAS AND ELECTRIC UTILITIES.
The SPEAKER, citing Rule 4.8, ordered the Bill committed to the Committee on Labor, Commerce and Industry.
Rep. LLOYD, from the Committee on Colleton Delegation, submitted a favorable report on:
S. 1252 (Word version) -- Senators Grooms, Matthews and Pinckney: A BILL TO REPEAL ACT 917 OF 1964 RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF COLLETON COUNTY TO SELL SURPLUS SCHOOL PROPERTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 5361 (Word version) -- Reps. Coates, Weeks, G. M. Smith, J. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, 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, 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, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CHIEF MAGISTRATE GEORGE MCFADDIN OF SUMTER FOR HIS COURAGE DISPLAYED IN HIS RESPONSE TO AN AUTOMOBILE ACCIDENT NEAR INTERSTATE 95.
The Resolution was adopted.
The following was introduced:
H. 5362 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO HONOR JAMES B. HUNT, JR., OF ORANGEBURG COUNTY, BAND DIRECTOR EXTRAORDINAIRE, ON THE ESTABLISHMENT OF THE J. B. HUNT SCHOLARSHIP FUND IN RECOGNITION OF HIS NUMEROUS YEARS AS BAND DIRECTOR IN THE ORANGEBURG COUNTY SCHOOLS AND HIS INESTIMABLE CONTRIBUTIONS TO THE MUSICAL LIVES OF COUNTLESS STUDENTS OVER THE YEARS.
The Resolution was adopted.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 5363 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO RHETT TABER, JR., OF FORT MOTTE AND THE TEAM BUOY CREEK WATER SKIERS FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR ACCOMPLISHMENTS AT THE INT AMATEUR SKI TOURNAMENT IN HOUSTON, TEXAS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to Rhett Taber, Jr., of Fort Motte and the Team Buoy Creek Water Skiers at a time and on a date as determined by the Speaker, for the purpose of recognizing them for their accomplishments at the INT Amateur Ski Tournament in Houston, Texas.
The Resolution was adopted.
The following was introduced:
H. 5364 (Word version) -- Reps. Kelley, Barfield, Keegan, Miller and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME PARTICULAR INTERCHANGES IN HORRY COUNTY AFTER EACH BRANCH OF THE MILITARY SERVICES OF THE UNITED STATES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5365 (Word version) -- Reps. J. E. Smith and Harrison: A HOUSE RESOLUTION TO CONGRATULATE THE FIVE STATE HISTORY DAY COMPETITION WINNERS FROM HAND MIDDLE SCHOOL AND EXTEND TO THEM BEST WISHES AND GOOD LUCK IN THE NATIONAL HISTORY DAY COMPETITION TO BE HELD JUNE 9-13, 2002, IN WASHINGTON, D. C.
The Resolution was adopted.
The following was introduced:
H. 5366 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND THE THAD E. SALEEBY DEVELOPMENTAL CENTER OF DARLINGTON COUNTY FOR ITS EXCELLENT SERVICE TO PERSONS WITH SPECIAL NEEDS, AND TO CONGRATULATE THE CENTER ON ITS DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RECERTIFICATION SURVEY WITH A SCORE OF ONE HUNDRED PERCENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
S. 1303 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2683, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Kirsh Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Sandifer Scarborough Sharpe Sheheen Simrill Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A.
I came in after the roll call and was present for the Session on Wednesday, May 29.
John Scott Michael Easterday Creighton Coleman H.B. "Chip" Limehouse Jerry Govan Bessie Moody-Lawrence Phillip Sinclair James Klauber Ralph Davenport Doug Smith Douglas Jennings Denny Neilson Daniel Tripp Todd Rutherford David Mack Jeff Young Richard Quinn Seth Whipper G. Murrell Smith
LEAVE OF ABSENCE
The SPEAKER granted Rep. BARRETT a temporary leave of absence.
Announcement was made that Dr. Lamar W. Dawkins of Orangeburg is the Doctor of the Day for the General Assembly.
Reps. GOVAN, STUART and SHARPE presented to the House Dr. Leroy Davis, President of South Carolina State University.
Rep. WALKER presented to the House the Landrum High School Baseball Team, the 2002 Class A State Champions, their coaches and other school officials.
Rep. HASKINS and the Greenville Delegation presented to the House the Greenville Grrrowl, the East Coast Hockey League's 2002 Kelly Cup Champions, their coaches and staff.
Rep. HASKINS and the Greenville Delegation presented to the House the Greenville Groove, the 2002 Basketball Development League Champions, their coaches and other officials.
Rep. COTTY presented to the House Mrs. Christi McCollum of Bookmann Road Elementary School in Elgin, the South Carolina Teacher of the Year.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5319 (Word version) -- Reps. Taylor, Wilder and Carnell: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 SO AS TO PROVIDE THAT ELECTION RESULTS MUST BE DETERMINED IN ACCORDANCE WITH THE NONPARTISAN ELECTION AND RUNOFF METHOD RATHER THAN THE NONPARTISAN PLURALITY METHOD.
H. 5320 (Word version) -- Rep. Altman: A BILL TO AMEND ACT 369 OF 1959, AS AMENDED, RELATING TO THE ST. JOHN'S FIRE DISTRICT IN CHARLESTON COUNTY, INCLUDING PROCEDURES APPLICABLE TO CONTRACTS, BIDDING, AND PROCUREMENT, SO AS TO REVISE PROCUREMENT AND BIDDING REQUIREMENTS APPLICABLE TO THE DISTRICT.
H. 4094 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN'S CODE HAVING PROVISIONS RELATING TO CHILD DAYCARE, AND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS "CHILD DAY CARE" OR "DAYCARE" TO "CHILDCARE".
H. 5269 (Word version) -- Rep. Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.
The following Bill was taken up:
H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.
Rep. TOWNSEND moved to table the Bill, which was agreed to.
The following Bill was taken up:
S. 1288 (Word version) -- Senators Setzler, Knotts and Bauer: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR, BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.
Rep. BINGHAM proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3043MM02), which was adopted:
Amend the bill, as and if amended, page 2, deleting SECTION 2 and inserting:
/ SECTION 2. Used watercraft and outboard motors obtained from a licensed boat dealer or an individual on or after October 3, 2000, are free and clear of the lien for property taxes for Lexington County property tax years before the 2000 property tax year. The Lexington County Treasurer or other appropriate official charged with the collection of delinquent ad valorem taxes shall seek the collection of the delinquent taxes on the used watercraft or outboard motor only from the previous owner, not including the licensed boat dealer. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 237 (Word version) -- Senator Leatherman: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CITATION PENALTIES, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF RESIDENTIAL BUILDERS, RESIDENTIAL SPECIALTY CONTRACTORS, AND HOME INSPECTORS.
S. 970 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-495 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF NONPROFIT CHILDREN'S ADVOCACY CENTERS THROUGHOUT THE STATE.
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.
S. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.
S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY, TO LIMIT THE "DISTRESSED" DESIGNATION TO NO MORE THAN SIX COUNTIES, AND TO PROVIDE FOR GROUPS OF AT LEAST SIX, BUT NOT MORE THAN TEN, CONTIGUOUS COUNTIES TO JOIN IN A REGIONAL ALLIANCE AREA TO PROMOTE REGIONAL DEVELOPMENT AND TO ALLOW A COUNTY IN THE ALLIANCE TO BE DESIGNATED AS A "LEAST DEVELOPED COUNTY" IF CERTAIN AVERAGE UNEMPLOYMENT CRITERIA ARE MET IN THE COUNTIES COMPRISING THE ALLIANCE AREA COUNTIES; AND TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 320 (Word version) -- Senators Gregory, Peeler and Drummond: A BILL TO AMEND SECTION 50-11-2300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING OF THE OPERATION GAME THIEF PROGRAM, SO AS TO PROVIDE FOR ADDITIONAL FUNDING FROM THE SALE OF OPERATION GAME THIEF PARAPHERNALIA AND TO AMEND SECTION 50-11-2310, RELATING TO PURPOSES FOR WHICH PROGRAM FUNDS MAY BE EXPENDED, SO AS TO PROVIDE FOR REWARD PAYMENTS FOR INFORMATION LEADING TO THE ARREST OF PERSONS FOR VIOLATIONS OF NATURAL RESOURCE LAWS, AND TO PROVIDE THAT PROGRAM FUNDS MAY BE EXPENDED FOR OPERATIONAL IMPROVEMENTS TO THE "PROPERTY WATCH PROGRAM", THE "COASTAL WATCH PROGRAM", AND OTHER PROGRAMS WITHIN THE OPERATION GAME THIEF PROGRAM AND TO ENHANCE PUBLIC INVOLVEMENT IN THE PROTECTION OF NATURAL RESOURCES.
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.
The following Bill was taken up:
S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11813AC02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 8-11-780. Notwithstanding the provisions of this article or any other provision of law, an employee may request voluntarily, in writing, to transfer a specified amount of the employee's accrued annual or sick leave to a specified employee of the same agency to be utilized by the specified employee for absences that have or will occur due to extenuating circumstances which must be approved by the director of the agency on a case-by-case basis."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCLEOD explained the amendment.
Rep. MCLEOD moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 419 (Word version) -- Senators Pinckney, Drummond, Matthews, J. V. Smith, Passailaigue, Ford, Glover, McConnell, Grooms and Jackson: A BILL TO AMEND SECTIONS 4-10-330, AS AMENDED, 4-10-340, AND 4-10-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION AND REVENUE USES, TAX IMPOSITION AND TERMINATION, AND REVENUE DISTRIBUTION UNDER THE CAPITAL PROJECTS SALES TAX ACT, SO AS TO SPECIFICALLY AUTHORIZE THE TAX REVENUE TO BE USED TO PAY DEBT SERVICE ON BONDS ISSUED TO FUND THE APPROVED PROJECTS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THE TAX THROUGH THE QUARTER IN WHICH THE COUNTY CERTIFIES THAT NO BONDS REMAIN OUTSTANDING, TO PROVIDE THAT THE REFERENDUM QUESTION APPROVING A PROJECT MAY BE REVISED TO INCLUDE THE PRINCIPAL AMOUNT OF THE BONDS TO BE ISSUED FOR THE PROJECT WITH THE SOURCE TO PAY THE BONDS IF THE SALES TAX REVENUE IS INSUFFICIENT, TO PROVIDE THAT A QUESTION SO REVISED CONSTITUTES AN AUTHORIZATION TO ISSUE THE BONDS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS ON THE USES OF QUARTERLY DISTRIBUTIONS OF THESE TAX REVENUES, AND TO PROVIDE FOR THE USE OF THESE REVENUES FOR THE REPAYMENT OF BONDS WHEN THE REQUIRED REFERENDUM AND REFERENDUM APPROVAL OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9203HTC02):
Amend the bill, as and if amended, by adding the following new SECTIONS to read:
/ SECTION __. A. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-710. This article may be cited as the 'Municipal Capital Project Sales Tax Act'.
Section 4-10-720. Subject to the requirements of this article, the municipal governing body may impose a one percent sales and use tax by ordinance, subject to a referendum, within the municipality for a specific purpose or purposes and for a limited amount of time to collect a limited amount of money. The revenues collected pursuant to this article may be used to defray debt service on bonds issued to pay for projects authorized in this article.
Section 4-10-730. The governing body of a municipality must consider proposals for funding capital projects within the municipality and formulate the referendum question that is to appear on the ballot pursuant to Section 4-10-740(D).
Section 4-10-740. (A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the municipal governing body containing the ballot question formulated by its governing body pursuant to Section 4-10-730, subject to referendum approval in the municipality. The ordinance must specify:
(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the municipality and may include the following types of projects:
(a) highways, roads, streets, and bridges;
(b) administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) jointly operated projects of the municipality, county, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) of this subsection;
(g) any combination of the projects described in subitems (a) through (f) of this item;
(2) the maximum time, stated in terms of calendar or fiscal years or quarters, or a combination thereof, not to exceed seven years from the date of imposition, for which the tax may be imposed;
(3) the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax; and
(4) any other condition precedent, as determined by the commission, to the imposition of the sales and use tax authorized by this article or condition or restriction on the use of sales and use tax revenue collected pursuant to this article.
(B) When the tax authorized by this article is imposed for more than one purpose, the enacting ordinance must set forth the priority in which the net proceeds are to be expended for the purposes stated. The enacting ordinance may set forth a formula or system by which multiple projects are funded simultaneously.
(C) Upon receipt of the ordinance, the municipal election commission must conduct a referendum on the question of imposing the sales and use tax in the municipality. A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law.
(D) The referendum question to be on the ballot must read substantially as follows:
'Must a special one percent sales and use tax be imposed in (municipality) for not more than (time) to raise the amounts specified for the following purposes?
(1) $________ for __________
(2) $________ for __________
(3) etc.
Yes []
No []'
(E) All qualified electors desiring to vote in favor of imposing the tax for the stated purposes shall vote 'yes' and all qualified electors opposed to levying the tax shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and the enacting ordinance. A subsequent referendum on this question must be held on the date prescribed in subsection (C). The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than November thirtieth to the municipal governing body and to the Department of Revenue.
(F) Upon receipt of the returns of the referendum, the municipal governing body, by resolution, must declare the results of the referendum. In this event, the results of the referendum, as declared by resolution of the municipal governing body, are not open to question except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
Section 4-10-750. (A) If the sales and use tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(B) The tax terminates on the earlier of:
(1) the final day of the maximum time period specified for the imposition; or
(2) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question.
(C) Amounts collected in excess of the required net proceeds must first be applied, if necessary, to complete a project for which the tax was imposed; otherwise, the excess funds must be credited to the general fund of the municipality.
Section 4-10-760. (A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(C) A taxpayer required to remit taxes under Article 13, Chapter 36 of Title 12 must identify the municipality in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) A utility is required to report sales in the municipality in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one municipality, must report separately in his sales tax return the total gross proceeds from business done in each municipality.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a municipality, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.
(G) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 4-10-770. The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the municipal treasurer and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations. However, allocations made as a result of city or county code errors must be corrected prospectively.
Section 4-10-780. The Department of Revenue shall furnish data to the State Treasurer and to the municipal treasurers receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to municipalities upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
Section 4-10-790. Annually, and only in the month of June, funds collected by the department from the municipal option capital project sales tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the municipal treasurer and the revenues must be used only for the purposes stated in the imposition ordinance."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval of this act by the Governor.
SECTION __. A. Section 12-21-3920(4) and (6) of the 1976 Code are amended to read:
"(4) 'Promoter' means an individual, corporation, partnership, or organization licensed as a professional solicitor by the Secretary of State who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.
(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m the hours of 12:00 p.m. and 2:00 a.m. No more than one session may occur during the permitted twelve-hour period. These limitations do not apply to games operated by state or county fairs."
B. Section 12-21-3920 is amended by adding at the end:
"(20) 'Electronic dabber' means a hand-held electronic device that allows a player to store, display, and mark a bingo card face. All systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department.
(21) 'Electronic dabber bingo ticket' means a perforated two-part ticket bearing a sequential serial ticket number bearing the South Carolina State Seal, denomination, and the department's license number. The ticket must have designated blanks for entry of the date sold and electronic dabber unit supplied. Electronic dabber bingo tickets must be printed and sold only by distributors of bingo paper licensed by the department.
(22) 'Site system' means a computer accounting system commonly referred to as a point of sale system used in conjunction with electronic dabbers. This computer software is used at a site by an organization that allows an electronic dabber bingo ticket purchased from a license distributor to be downloaded to electronic dabbers, accounts for gross proceeds, and provides accounting information on all activity for one year from the end of the quarter in which the activity occurred. All systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department."
C. Section 12-21-3950(B) of the 1976 Code is amended to read:
"(B) Upon application for a license, the department has thirty forty-five days to approve or reject the application based on the requirements of this article."
D. Section 12-21-3970 of the 1976 Code is amended to read:
"Section 12-21-3970. For each licensed nonprofit organization the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided in Section 12-21-3950 before operating or conducting bingo. No A promoter is not permitted more than five fifteen licenses. This license must be prominently displayed at the location where bingo is conducted."
E. Section 12-21-3990(A)(1), (2), and (4) of the 1976 Code are amended to read:
"(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. All cards sold for a game must sell for face value and cards may not be given to players as prizes or for free. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.
(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game game's beginning including, but not limited to, wild card games. In addition, at the conclusion of each game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game completed, must be announced before the next game begins.
(4) The caller shall draw and announce numbers from the cage one at a time. If a player has a card with the called number on it, he may use a marker or electronic dabber to cover the square which contains the number. After the number is announced, it must be indicated on the master-board by the caller."
F. Section 12-21-4000(8) of the 1976 Code is amended to read:
"(8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares. All winning configurations must be verified using an electronic verifying system and must be displayed on the monitor for all players to see."
G. Section 12-21-4000(12)(b) of the 1976 Code is amended to read:
"(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session averaged on a quarterly basis. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. Each session that the gross proceeds are greater than twice the prize amounts paid constitutes a separate offense if the tax is unpaid. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State."
H. Section 12-21-4000 of the 1976 Code is amended by adding at the end:
"(15) The house may hold promotions of special events during a session offering players prizes other than from the play of bingo not to exceed one hundred dollars in cash or merchandise for each session. This amount is not to be paid out of the bingo account and is not included in total payouts for a session. There is no additional charge to players to participate in a special promotion. The promotion must not be a form of gambling or a game of chance."
I. Section 12-21-4020(2) and (3) of the 1976 Code are amended to read:
"(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight twelve thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three six bingo sessions a week.
(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards in lieu instead of the paper cards required by this article. An organization operating a Class C bingo game must not exceed gross proceeds of one hundred thousand dollars a calendar quarter. If the gross bingo proceeds for any calendar quarter exceed one hundred thousand dollars, the organization is required to notify the department within ten days by making application for a Class G license.
Once the organization exceeds the limit of one hundred thousand dollars, the organization is subject to tax on the dollar face value of each card at the rate of nine and one-half percent. At the time that a Class G license is issued by the department, an audit of the organization must be conducted to determine any tax owed during the interim operating period from the time the limits were exceeded until the time the Class G license was issued by the department.
To qualify to play on hard cards, a bingo game conducted by a Class C license must meet the following criteria:
(a) be operated solely by volunteers;
(b) the person managing, conducting, or operating the bingo game may must not be paid or otherwise be compensated and must be a designated member of the organization;
(c) remuneration, (including wages or other compensation), may must not be made to any individual or corporation;
(d) all equipment used to operate a game of bingo, including chairs, tables, and other equipment, must be owned by the charity;
(e) the organization must may lease the building directly from the owner of the building or own the building in which the game of bingo is played. The organization may not lease or sublease the building from a person who is not the owner;
(f) the only expenses allowed to be paid from the proceeds of the game are utility bills, prizes, purchases of cards, payments for the lease of a building, purchases of equipment required to operate a game of bingo, and the charitable purposes of the organization;
(g) one hundred percent of the net proceeds from the operation of the game must be used for charitable purposes."
J. Section 12-21-4020 of the 1976 Code is amended by adding at the end:
"(7) CLASS G: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session and whose gross receipts exceed one hundred thousand dollars a calendar quarter shall obtain a Class G license at a cost of three hundred dollars. However, the organization may offer a prize in cash or merchandise of not more than one hundred fifty dollars for ten jackpot games a session."
K. Section 12-21-4080(A) of the 1976 Code is amended to read:
"(A) Upon completion of the session, the promoter or the organization member representative shall deliver to the representative member of the organization deposit the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees into the bingo checking account. If the promoter is authorized by the organization to make the session deposit, the promoter shall deliver to the organization representative evidence that the deposit was made in a timely manner. This evidence must be furnished no later than the next business day following the day of the bingo session on which the proceeds were obtained."
L. Section 12-21-4090(C) of the 1976 Code is amended to read:
"(C) An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No Other funds may not be deposited in the bingo account, unless there is a deficit, and then both the organization and promoter shall deposit a loan equal to fifty percent of the deficit. Each loan deposited into the bingo checking account must be accounted for on the quarterly financial reports filed with the department. Detailed information substantiating these loans must be maintained by the organization. Deposits must be made no later than the next business day following the day of the bingo occasion on which the receipts were obtained. All accounts must be maintained in a financial institution in this State."
M. Section 12-21-4120 of the 1976 Code is amended to read:
"Section 12-21-4120. A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request. Any organization or promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. Any organization or promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."
N. Section 12-21-4150 of the 1976 Code is amended to read:
"Section 12-21-4150. A person who poses as a bingo player, or a person who conspires to have a person pose as a bingo player with the intent to defraud regular customers of the game, or a person who is using unauthorized bingo supplies, or a person using counterfeit electronic dabber bingo tickets is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."
O. Section 12-21-4190(A) of the 1976 Code is amended to read:
(A) The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to an F license. There shall be no charge for a C license. There is a charge of nine and one-half cents for each dollar of face value for each bingo card sold to a G license. For any holder of a Class G license that is charged nine and one-half cents for each dollar of face value for each bingo card sold, a distribution in the amount of four and twenty-nine hundredths percent of total face value of bingo cards purchased must be distributed back to the sponsoring organization for which the bingo cards were purchased."
P. Section 12-21-4210 of the 1976 Code is amended to read:
"Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. For any Class C paper in inventory at the time that the organization applies for a Class G license and begins to pay tax, a department agent shall inventory any untaxed paper and conduct an examination of books and records from the point of time that the game exceeded one hundred thousand dollars and an assessment must be issued on the dollar face value of each card and the tax must be paid within fifteen days from the date of the assessment. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges. If an organization operating a bingo game ceases operation within fifteen days from the purchase of the last voucher and the voucher remains outstanding, the department shall accept the returned paper and credit the value of returned paper against the outstanding voucher. The organization then shall pay the balance of the voucher less the value of returned paper."
Q. Section 12-21-4270 of the 1976 Code is amended to read:
"Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter, outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420."
R. The 1976 Code is amended by adding:
"Section 12-21-4005. (A) A site system and an electronic bingo dabber must meet the following specifications:
(1) A site system must:
(a) record a nonresetable electronic consecutive six digit receipt number for each transaction;
(b) issue a player a receipt for each transaction containing:
(i) name of a site or organization;
(ii) date and time of the transaction;
(iii) number of electronic bingo card images downloaded;
(iv) selling price of a card or package, gross proceeds, and receipt number; and
(v) serial number of device issued to a player;
(c) print a summary report for each session containing:
(i) date and time of the report;
(ii) name of site;
(iii) date of the session;
(iv) sequential session number;
(v) number of transactions;
(vi) number of voided transactions;
(vii) number of electronic bingo card images downloaded;
(viii) number of devices used;
(ix) total gross proceeds; and
(x) any other information required by the department.
(2) An electronic dabber:
(a) must be a portable hand-held unit and may not be wired directly to a site system;
(b) may not have more than one hundred forty-four faces to be played each game when used in a Class B game and not more than two hundred eighty-eight faces to be played each game when used in a Class AA game;
(c) must require a player to manually enter each bingo number called by using an input function key;
(d) shall display a player's best card or a winning card and alert only that player through an audio or video method, or both, of that result;
(e) must automatically erase all stored cards at the end of the last game of a session or when the device is turned off; and
(f) must be downloaded with new cards at the beginning of each session.
(B) The department's representative may examine and inspect a site system, electronic bingo dabber, and related equipment. The examination and inspection must include immediate access to the electronic dabber and unlimited inspection of all parts, equipment, and associated systems.
(C) A player may exchange a defective electronic dabber for another provided a disinterested player verifies that the electronic dabber is not functioning. A disinterested player also shall verify that no numbers called for the game in progress have been keyed into the replacement electronic dabber before the exchange.
(D) Before a player uses an electronic dabber, he must purchase an electronic dabber bingo ticket from the house which entitles the player to mark his cards electronically rather than using paper cards and marking them manually.
(E) The electronic dabber ticket as defined in Section 12-21-3920(22) is perforated and allows both the player and the house to retain a copy. The ticket must be sold at face value. The cards must be purchased on a bingo voucher only from a distributor licensed in this State.
(F) After completion of each session, the organization shall generate an activity report containing the number of electronic dabbers used in the session along with the house receipts for each electronic dabber bingo tickets sold. This report must be printed and maintained with the daily reports of the bingo session held."
S. Notwithstanding any other effective date in this act, this section takes effect October 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. R. SMITH explained the amendment.
Reps. LOFTIS, LOURIE, J. E. SMITH, BARFIELD, BALES, A. YOUNG, OTT, COBB-HUNTER, STUART, HARRELL, KOON, J. R. SMITH, VAUGHN and MOODY-LAWRENCE requested debate on the Bill.
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 9208ZW02), which was adopted:
Amend the bill, as and if amended, in Section 8-21-310 of the 1976 Code, as contained in SECTION 1, by striking item (1) of the section and inserting:
/ (1) for recording a deed to or a mortgage on real estate, ten dollars; and an additional one dollar a per page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional; /
Amend further, by striking item (3) of the section and inserting:
/ (3) for recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, six dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, six dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to in the instrument and an additional one dollar for each page for any instrument exceeding one page; /
Amend further, as and if amended, by striking item (4) of the section and inserting:
/ (4) for recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not otherwise provided for in this section, ten dollars, and an additional one dollar a per page for a document containing more than four pages; /
Amend further, as and if amended, by striking item (5) of the section and inserting:
/ (5) for recording satisfaction on the record of a mortgage of real estate or a chattel mortgage or other recorded lien, and certifying the entry on the original or a copy, five dollars; /
Amend further, as and if amended, by striking item (7) of the section and inserting:
/ (7) for recording a plat larger than eight and one-half by fourteen inches, ten dollars; for plats of 'legal size' dimensions, or smaller, five dollars; /
Amend further, as and if amended, by striking item (9) of the section and inserting:
/ (9) for recording any other paper affecting title or possession of real estate or personal property and required by law to be recorded, except judicial records, ten dollars, and an additional one dollar a per page for a document containing more than four pages; /
Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department." /
Renumber sections to conform.
Amend title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
Reps. BALES, EASTERDAY, HAMILTON, SCARBOROUGH, SHARPE, TALLEY, HARRELL, J. R. SMITH, COOPER, MCGEE, WITHERSPOON, A. YOUNG, SINCLAIR, HARRISON, LOFTIS and LUCAS requested debate on the Bill.
The following Bill was taken up:
S. 721 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
Rep. COOPER 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.
The following Bill was taken up:
S. 1208 (Word version) -- Judiciary Committee: A BILL TO ENACT "STEPHANIE'S LAW"; TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DETERMINE WHETHER PREVIOUS REPORTS HAVE BEEN MADE REGARDING A CHILD OR SUBJECT OF A REPORT AND TO REQUIRE THE DEPARTMENT TO MAINTAIN A RECORD OF INFORMATION RECEIVED THAT IS NOT INVESTIGATED; TO AMEND SECTION 20-7-650, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO RE-CATEGORIZE UNFOUNDED REPORTS; TO AMEND SECTION 20-7-655, RELATING TO THE CHILD PROTECTIVE SERVICES APPEALS PROCESS, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN RECORDS BE PURGED; AND TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT MUST NOT CONTAIN INFORMATION FROM REPORTS CLASSIFIED AS UNFOUNDED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11771AC02), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This part may be cited as "Stephanie's Law".
SECTION 2. Section 20-7-510 of the 1976 Code, as last amended by Act 81 of 2001, is further amended by adding appropriately numbered new subsections to read:
"( ) When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department must determine whether there are any suspected, indicated, or unfounded reports maintained pursuant to Section 20-7-650 regarding the same child or the same subject of the report.
( ) If the department does not conduct an investigation as a result of information received pursuant to this section, the department must make a record of the information and must classify the record as a Category IV unfounded report in accordance with Section 20-7-650. The department and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report."
SECTION 3. Section 20-7-650 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the report may be classified as unfounded Category III and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall must make a finding within forty-five days after the investigation is reopened.
This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.
(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations, and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall must provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into in a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(F) Reports of child abuse and neglect must be classified in the department's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as set forth in subsection (H). All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than sixty days after the report was received by the department. By the end of the sixty-day time period, suspected reports must be classified as either unfounded or indicated pursuant to the agency's investigation.
(G)(1) Indicated findings must be based upon a finding of the facts available to the department that abuse or neglect is supported by there is a preponderance of evidence that the child is an abused or neglected child. Indicated findings must include a description of the services being provided the child and those responsible for the child's welfare, and all relevant dispositional information.
(2) If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to 'unfounded' and subsection (J) applies.
(3) If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. The department shall not delete from its data system or records information indicating that the person was the subject of the report. The department's data system and records must clearly record the results of the court or administrative proceeding. If the case record and data system included a designation with the name of the subject of the report indicating that the person committed the abuse or neglect, that designation must be removed following the determination that there is not a preponderance of evidence that the subject of the report committed an act of child abuse or neglect.
(G)(H) All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III, or Category IV.
(1) Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.
(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490 investigation did not produce a preponderance of the evidence that the child is an abused or neglected child.
(3) Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.
(4) Category IV unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department.
(H) Reports of child abuse and neglect must be entered immediately into the department's centralized data system in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be considered suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".
(1) Indicated reports must be accompanied by a description of services being provided as required under subsection (F).
(2) Affirmative determinations must be accompanied by a description of services being provided the child and those responsible for his welfare and relevant dispositional information.
(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances, except that:
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930;
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date that the report was determined to be unfounded. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(I) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded.
(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of "affirmative determination". The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained for not less than five years after the finding. Information contained in unfounded cases is not subject to disclosure under the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.
Upon a determination that more likely than not, a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department from maintaining an "indicated report" which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report or providing child protective services to the child who is the subject of the indicated report and those responsible for the child's welfare.
(K)(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person be entered in the Central Registry of Child Abuse and Neglect if it the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;
(2) may order that the person be entered in the Central Registry if it the court finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(L)(M) The At the probable cause hearing, the court may order at the probable cause hearing that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(M)(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department shall must serve a copy of the petition and summary on the person named as perpetrator. The petition shall must include a statement that the judge shall must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court shall must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(N)(O) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
(O)(P) The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(P)(Q) In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(Q)(R) The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used;
(7) the possible outcomes of the investigation; and
(8) the telephone number and name of a department employee available to answer questions.
(R)(S) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide to the department copies of incident reports generated in any case reported to law enforcement by the department and in any case in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under this section and must record the disposition of charges.
(S)(T) The department actively must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(T)(U) The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.
(U)(V) In all instances, the agency in all instances must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION 4. Section 20-7-655 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-655. (A) The Department of Social Services shall purpose of this section is to provide a child protective services appeals process for review of indicated reports that have been indicated pursuant to Section 20-7-650 and are not otherwise being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 20-7-670 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision. This process is available only to the person determined to have abused or neglected the child.
(B) The state director shall appoint a child protective services appeals committee hearing officer to conduct a contested case hearing for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the department in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse The hearing officer shall prepare recommended findings of fact and conclusions of law for review by the state director or the state director's designee who shall render the final decision. The designee under this subsection must not be a person who was involved in making the original case decision or who conducted the interim review of the original case decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child.
(C) When the department determines that an appeal hearing is needed pursuant to Section 20-7-690(J), it shall provide notice of the availability of the hearing to the potential appellant by certified mail. The notice must inform the person of the right to appeal the case determination and the date and time of the appeal hearing. The notice must also advise the appellant of his rights as provided in the department's fair hearing regulations. If a person requests an appeal under this section and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this section is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this section, the department shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this section, the department shall stay the appeal pending the court's decision.
(D) If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before department is not taking the case to the family court for disposition, or if the case was entered in the Central Registry pursuant to Section 20-7-670 and the department is not taking the case to family court for disposition, the department must shall provide notice of the case decision by certified mail to the subject of the report by certified mail person determined to have abused or neglected the child. The notice must inform the subject of the report person of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency department of his intent in writing within thirty days of receipt of the notice. The notice also must advise the person that the appeal process is for the purpose of determining whether a preponderance of evidence supports the case decision that the person abused or neglected the child. If the subject of the report person does not notify the department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the subject person and the case decision becomes the affirmative determination final.
(E) Within fourteen days after receipt of a notice of intent to appeal, an appropriate official of the department designated by the director must conduct an interim review of case documentation and the case determination must be conducted by an appropriate official of the department designated by the director. The interim review may not delay the scheduling of the appeals contested case hearing. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry.
(F) The child protective services appeals committee shall determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report abused or neglected the child. If the appeals committee affirms the case determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated. After a contested case hearing, if the state director or the director's designee decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the state director or the director's designee reverses the decision that supports that entry, the person's name must be removed from the Central Registry. If the state director or the director's designee affirms the determination against the appellant, the appellant has the right to seek judicial review in the family court of the jurisdiction in which the case originated.
(G) Proceedings for judicial review may be instituted by filing An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. Copies The appellant shall serve a copy of the petition must be served upon the department and all parties of record. Judicial review must be conducted by. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by the decision of the department that a preponderance of evidence shows that the subject of the report appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.
(H) Upon a determination by the interim review, the appeals committee or the court that there is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files and from the Central Registry of Child Abuse and Neglect. This subsection does not prohibit the department or the registry from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a subject of the report, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(I) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services must receive all notices and the case documentation review."
SECTION 5. Section 20-7-680 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services shall must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The name, address, birth date, identifying characteristics, and other information of a person named in a report must be removed from department records and the central registry immediately upon a determination by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I). The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.
(E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in the registry or department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated report case' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services."
Part II
SECTION 1. Section 20-7-110 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-110. In all child abuse and neglect and voluntary placement proceedings:
(1) Children must be appointed legal counsel and a guardian ad litem by the family court. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding.
(2) Parents, guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court.
(3) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding."
SECTION 2. Section 20-7-121 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect or extension of voluntary placement agreements or proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor."
SECTION 3. Section 20-7-490 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-490. When used in this article, or in Article 9, Article 11, or subarticle 7 of Article 13, and unless the specific context indicates otherwise:
(1) 'Child' means a person under the age of eighteen.
(2) 'Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (3) and (4), by the acts or omissions of the child's parent, guardian, or other person responsible for his welfare.
(3) 'Harm' to a child's health or welfare can occur 'Child abuse or neglect' occurs when the parent, guardian, or other person responsible for the child's welfare:
(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:
(i) is administered by a parent or person in loco parentis;
(ii) is perpetrated for the sole purpose of restraining or correcting the child;
(iii) is reasonable in manner and moderate in degree;
(iv) has not brought about permanent or lasting damage to the child;
(v) is not reckless or grossly negligent behavior by the parents.
(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;
(c) fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury or presents a significant threat of injury as defined in this section. However, a child's absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance and those efforts were unsuccessful because of the parents refusal to cooperate. For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.;
(d) abandons the child;
(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.;
(f) has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.
(4) 'Threatened harm' means a substantial risk of harm, as defined by item (3).
(5)(3) 'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child daycare facility or an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 20-7-650 must be initiated when If the information contained in a report otherwise sufficient under this section does not establish whether the person has assumed the role or responsibility of a parent or guardian for the child, the department may use information gathered by law enforcement responding to the incident to determine whether to initiate an investigation. If this information is not available within twenty-four hours following receipt of the report or if law enforcement is not investigating the incident, an investigation pursuant to Section 20-7-650 must be initiated.
(6)(4) 'Physical injury' means death or permanent or temporary disfigurement or impairment of any bodily organ or function.
(7)(5) 'Mental injury' means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional to a reasonable degree of medical certainty.
(8)(6) 'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.
(9)(7) 'Protective services unit' means the unit established within the Department of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.
(10)(8) 'Subject of the report' means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.
(11)(9) 'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.
(12)(10) 'Unfounded report' means a report made pursuant to this article for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the department determines otherwise.
(13)(11) 'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.
(14)(12) 'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.
(15)(13) 'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.
(16)(14) 'Department' means the Department of Social Services.
(17)(15) 'Child protective investigation' means an inquiry conducted by the department in response to a report of child abuse or neglect made pursuant to this article.
(18)(16) 'Child protective services' means assistance provided by the department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:
(a) protect the child's safety and welfare; and
(b) maintain the child within the family unless the safety of the child requires placement outside the home.
(19) 'Affirmative determination' means a finding by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:
(a) the court;
(b) the Department of Social Services upon a final agency decision in its appeals process; or
(c) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding must be the affirmative determination.
(20)(17) 'Court' means the family court.
(21)(18) 'Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.
(22)(19) 'Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:
(a) consent consenting to a marriage, enlistment in the armed forces, and medical and surgical treatment;
(b) represent representing a child in legal actions and to make other decisions of substantial legal significance affecting a child; and
(c) rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.
(23)(20) 'Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment; the obligation to provide financial support or other funds for the care of the child; and other residual rights or obligations as may be provided by order of the court.
(24)(21) 'Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.
(25)(22) 'Physical custody' means the lawful, actual possession and control of a child.
(26)(23) 'Emergency protective custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.
Emergency protective custody may be taken only by a law enforcement officer pursuant to this article."
SECTION 4. The 1976 Code is amended by adding:
"Section 20-7-570. (A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. Whether to bring a civil action pursuant to this section is in the sole discretion of the department.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567 a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred."
SECTION 5. Section 20-7-610(A)(1) of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"(1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency protective custody, and there is not time to apply for a court order pursuant to Section 20-7-736. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat substantial risk of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children;"
SECTION 6. Section 20-7-635(C) of the 1976 Code, as added by Act 450 of 1996, is amended to read:
"(C) Children in temporary crisis placements are not in the custody of the department and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department. Temporary crisis placements may last no longer than seventy-two hours."
SECTION 7. The 1976 Code is amended by adding:
"Section 20-7-637. (A) The department may accept the voluntary placement of a child in the legal custody of the department by the child's parent or guardian. It is in the discretion of the department whether to accept the placement and the department shall develop criteria for voluntary placement. The department and the parent or guardian must sign a written voluntary placement agreement that explains the rights and obligations of the parent or guardian and the department.
(B) When a child enters the custody of the department pursuant to a voluntary placement agreement, the department and the parent or guardian must develop a placement plan pursuant to Section 20-7-764 and the parties must comply with the permanency planning hearing requirements of Section 20-7-766.
(C) The voluntary placement is a temporary arrangement. The placement may not last more than 180 days without a court finding pursuant to this section that extending the placement is in the best interest of the child. In any such proceeding, the child shall have representation by a guardian ad litem pursuant to Section 20-7-110. The department shall attach to the petition a written summary of the circumstances of the placement and the reasons for the extension and a placement plan for review and approval in accordance with Section 20-7-764. The consent of the parent or guardian and the child's guardian ad litem must also be provided in writing to the court. The court may issue its order based on the petition and supporting documentation or may order a hearing. To extend the voluntary placement, the court's order must be issued within the first 180 days from the date of the original placement.
(D) A voluntary placement is revocable by the parent or guardian who entered into the agreement and by the department. To effect the revocation, either party must provide written notice at least forty-eight hours in advance of the date the child would be returned to the parent or guardian.
(E) If a child who is in the custody of the department pursuant to a voluntary placement agreement is abandoned by the child's parent or guardian, the child must be treated as being in emergency protective custody, without the necessity for complying with the procedures in Section 20-7-610(A) or (P). Within 24 hours after determining that the child has been abandoned, the department shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736, and the court shall proceed as provided in Section 20-7-610(K) through (O).
(F) When a party revokes the agreement, if the voluntary placement agreement or an extension is the basis for the department having custody, the foster care provider is entitled to receive notice of the intent to move the child as soon as reasonably possible. Foster parents who provide care for a child placed pursuant to this section may not appeal the return of the child to the parent or guardian.
(G) Nothing in this section limits the authority of the department to proceed pursuant to Section 20-7-736 for removal of custody or the authority of the court in instances of abuse or neglect or suspected abuse or neglect."
SECTION 8. Section 20-7-670 of the 1976 Code, as last amended by Part II, Section 6A of Act 1 of 2001, is further amended to read:
"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect of children who reside in or receive care or supervision in residential institutions and, foster homes, and child daycare facilities. Responsibility for investigating these entities must be assigned to a unit or units not responsible for selecting or licensing these entities. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.
(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in Foster homes subject to this section are those which are supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.
(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports.
(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, a child daycare facility or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section. The family court retains jurisdiction to hear cases brought by the department for the protection of children residing in a facility, institution, or home subject to this section when the child resides there because of the child's relationship to the owner or operator of the home or a caregiver residing in the home.
(F) The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health.
(G) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.
(H) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.
(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process."
SECTION 9. Section 20-7-690 of the 1976 Code, as last amended by Act 104 of 1999, is further amended by adding at the end:
"(N)(1) Reports, working documents, and records created by or for the department are confidential and privileged when these reports, documents, and records were created:
(a) as part of its qualitative review of a county department's child welfare case files to assess child welfare practice and render technical assistance; or
(b) as a result of reviews conducted pursuant to the department's child death protocol.
(2) These reports, documents, and records are not subject to discovery, subpoena, or introduction into evidence in any civil proceeding against the department or its employees acting in their official capacity.
(3) These reports, documents, and records are not subject to release under the South Carolina Freedom of Information Act.
(4) Meetings occurring as part of the qualitative review process and the child death protocol process are closed to the public.
(5) No person participating in these processes may be required to testify in any civil action as to any findings, opinions, recommendations, evaluations, or other action resulting from or developed during these processes.
(6) The state director has the authority to release information contained in reports, documents, and records governed by this subsection to other government officials if the director determines the information pertains to a matter within the scope of that official's responsibility.
(7) The department shall release information contained in these reports, documents, and records to the Department of Child Fatalities pursuant to Section 20-7-5930 upon request.
(8) This subsection does not make privileged or confidential those public reports prepared and issued pursuant to Section 43-1-115 or Section 20-7-690(H).
(9) Information, documents, reports, or records that are not created by or for the department's internal review processes described in this subsection do not become immune from discovery or from use in a civil action because they were used in an internal review.
(10) Release of material pursuant to (6) or (7) does not abrogate the duty to maintain confidentiality or the privilege established elsewhere in this section."
SECTION 10. Section 20-7-762 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-762. (A) At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment service plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.
(B) The plan must be prepared by the department and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the department shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals changes in parental behavior, home conditions, and safety planning for the child must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.
(C) Unless services are to terminate earlier, the department shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:
(1) what services have been offered to or provided to the parents;
(2) whether the parents are satisfied with the delivery of services;
(3) whether the department is satisfied with the cooperation given to the department by the parents;
(4) whether additional services should be ordered and additional treatment goals established; and
(5) the date when treatment the goals must be achieved and court jurisdiction ends.
The court order shall specify a date upon which jurisdiction will terminate automatically, which must be no later than eighteen months after the initial intervention. Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services."
SECTION 11. Section 20-7-766 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-766. (A) The family court must review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought pursuant to this section for a child who enters the custody of the department by any mechanism, including Section 20-7-637, 20-7-610, 20-7-736, or 20-7-1700. If the child entered care pursuant to a voluntary placement agreement or relinquishment for adoption and no court action is pending concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the summons and petition at least ten days before the hearing and no responsive pleading is required.
(B) The department shall attach a supplemental report to the pleadings which contain at least:
(1) that information necessary to support findings required in subsection (G);
(2) the recommended permanent plan and suggested timetable for attaining permanence; and
(3) any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.
(C) At the permanency planning hearing the court shall review the department's plan, for achieving permanence for the child. If the department's plan does not return the child home to his parents, the court must outline the compelling reasons for the permanent plan as provided in subsection (G). If the court selects one of the options provided in subsection (G), the court's order must outline compelling reasons for the plan.
(C)(D) If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.
(D)(E) Except as provided in subsection (E)(F), if the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. If a petition to terminate parental rights is to be filed, the department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interest and one or more of the conditions specified under subsection (F)(G) exists, a different disposition may be required. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.
(E)(F) If the court determines that the child may be returned to the parent as provided for in subsection (C)(D) within a specified reasonable time not to exceed six eighteen months after the child was placed in foster care and that the best interests of the child will be served and if the court finds that initiating termination of parental rights is not in the best interests of the child, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan.
(F)(G) After assessing the viability of adoption, if the department demonstrates that termination of parental rights is clearly not in the child's best interest and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however,. A home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(4) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan.
(G)(H) If the child is not returned to the parent, in addition to the findings required under subsection (D)(E) or (F)(G), the court shall specify in its order:
(i) what services have been provided to or offered to the parents to facilitate reunification;
(ii) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;
(iii) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;
(iv) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order no longer than eighteen months from the date the child was placed in foster care;
(v) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;
(vi) whether the child's foster care is to continue for a specified time and, if so, how long;
(vii) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;
(viii) whether the child's current placement is safe and appropriate; and
(ix) whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.; and
(x) the steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts.
(H)(I) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.
If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (G)(H).
After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (F)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (F)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care pursuant to a permanent plan other than termination of parental rights and adoption, reunification, custody or guardianship with an extended family member or suitable nonrelative, future permanency planning hearings must be held annually, unless the child is younger than ten years of age. Permanency planning hearings must be held every six months for children younger than ten years of age or children with a permanent plan of termination of parental rights and adoption who remain in the custody of the department.
(I)(J) A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report and notice of the hearing must be served upon all named parties at least forty ten days before the hearing.
(J)(K) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested.
(K)(L) The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal."
SECTION 12. Section 20-7-768(C) of the 1976 Code, as added by Act 391 of 1998, is amended to read:
"(C) This section does not apply:
(1) to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 20-7-766(C), (E), or (F)(D), (F), or (G) to select a permanent plan for the child from Section 20-7-766(C), (E), or (F)(D), (F), or (G), and that this finding and permanent plan constitute a compelling reason for not initiating termination of parental rights;
(2) if the family court finds that the department has not afforded services to the parents provided for in the treatment placement plan approved pursuant to Section 20-7-764 in a manner that was consistent with the time periods in the plan, or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:
(a) the parent did not delay the court proceedings without cause or delay or refuse the services;
(b) successful completion of the services in question may allow the child to be returned as provided for in Section 20-7-766(C)(D) within the extension period; and
(c) the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 20-7-763."
SECTION 13. Section 20-7-1572(7) of the 1976 Code, as last amended by Act 391 of 1998, is further amended to read:
"(7) The child has been abandoned as defined in Section 20-7-490(21)(18);"
SECTION 14. Section 20-7-1642 of the 1976 Code, as last amended by Act 391 of 1998, is further amended by adding at the end:
"(C) This section does not prevent placement when a conviction or plea for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited to provide foster care services."
SECTION 15. The 1976 Code is amended by adding:
"Section 20-7-2265. When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prevent licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited for licensing, placement, service as a volunteer, or employment."
SECTION 16. Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:
"This section does not prevent employment or provision of caregiver services when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited for employment or to provide caregiver services."
SECTION 17. Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prevent licensing when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator."
SECTION 18. Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prevent renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator."
SECTION 19. Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prevent approval when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION 20. Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not prevent renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION 21. Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not operate to prevent registration or renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."
SECTION 22. Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:
"This section does not prevent licensing or registration or renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator, caregiver, employee."
SECTION 23. Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not prevent employment when a conviction or plea for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited for employment."
SECTION 24. Section 20-7-3010 of the 1976 Code, as amended by Part II, Section 79A. G of Act 164 of 1993, is further amended to read:
"Section 20-7-3010. The department is empowered to seek an injunction against the continuing operation of a child day care facility in the family circuit court having jurisdiction over the county in which the facility is located:
(1) when a facility is operating without a license or statement of registration;
(2) when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;
(3) when an operator has repeatedly violated this subarticle or the regulations of the department."
SECTION 25. Section 20-7-2920 of the 1976 Code is repealed.
Part III
SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-110. No common law marriage entered into in this State after December 31, 2002, is valid. Otherwise valid common law marriages entered into before January 1, 2003, are not affected by this section and continue to be recognized in this State."
SECTION 2. Section 20-1-360 of the 1976 Code is repealed.
Part IV
SECTION 1. Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."
Part V
SECTION 1A. Whereas, the State of South Carolina believes it appropriate for school boards and school districts to permit graduating students to participate in graduation ceremonies by offering short opening or closing student messages, or both, in order to promote student freedom of expression and afford them the opportunity to contribute to their graduation ceremonies;
Whereas, the State of South Carolina believes it appropriate for school boards and school districts to permit students to participate in school athletic events by offering short opening or closing student messages, or both, in order to promote student freedom of expression and afford them the opportunity to contribute to school athletic events;
Whereas, the State of South Carolina is neutral with respect to the content of the student messages delivered, and requires the same neutrality of school boards and school districts acting under this bill;
Whereas, the State of South Carolina recognizes that "government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in any way which 'establishes a [state] religion,'" see Lee v. Weisman, 505 U.S. 577, 587 (1992) (citation omitted), and does not intend by this bill to encourage or discourage religious, non-religious, or anti-religious expression;
Whereas, the General Assembly forbids school boards and school districts acting under this bill to recommend, monitor, review, or censor opening or closing student messages, accord Adler v. Duval Cty. Sch. Bd., 250 F.3d 1330, 1336-37 (11th Cir. 2001); and
Whereas, this bill does not signify the General Assembly's sense of the limits of constitutional law nor preempt school boards and school districts from exercising a constitutional right to permit more expansive student speech at school events, but represents a "safe harbor" which the State of South Carolina will defend.
SECTION 2. This Part may be cited as the "South Carolina Student-Led Messages Act".
SECTION 3. The 1976 Code is amended by adding:
"Section 59-1-441. (A) The governing body of a school board or school district may adopt a policy that permits any or all of the five graduating students with the highest academic standing at a high school to deliver a brief opening or closing message, or both, at the high school's graduation exercises.
(B) If any or all of these students give an opening or closing message, or both, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed or censored by a member of the governing body of the school district, its officers, or employees."
SECTION 4. The 1976 Code is amended by adding:
"Section 59-1-442. (A) The governing body of a school board or school district may adopt a policy that permits the captains of athletic teams at a high school, or their student designees, to deliver a brief opening or closing message, or both, at school-sponsored athletic events.
(B) If the team captains or their student designees give an opening or closing message, or both, the content of that message must be prepared or selected by the student and may not be recommended, monitored, reviewed or censored by a member of the governing body of the school district, its officers, or employees."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this Part is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this Part, the General Assembly hereby declaring that it would have passed this Part, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Part VI
SECTION 1. The 1976 Code is amended by adding:
"Section 22-5-920. (A) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.
(B) 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.
(C) 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."
Part VII
SECTION 1. This act takes effect upon approval by the Governor except Part III which takes effect January 1, 2003./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11846AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Part I
SECTION 1. This part may be cited as "Stephanie's Law".
SECTION 2. Section 20-7-510 of the 1976 Code, as last amended by Act 81 of 2001, is further amended by adding appropriately numbered new subsections to read:
"( ) When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department must determine whether there are any suspected, indicated, or unfounded reports maintained pursuant to Section 20-7-650 regarding the same child or the same subject of the report.
( ) If the department does not conduct an investigation as a result of information received pursuant to this section, the department must make a record of the information and must classify the record as a Category IV unfounded report in accordance with Section 20-7-650. The department and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report."
SECTION 3. Section 20-7-650 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the report may be classified as unfounded Category III and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall must make a finding within forty-five days after the investigation is reopened.
This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.
(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations, and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall must provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into in a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(F) Reports of child abuse and neglect must be classified in the department's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as set forth in subsection (H). All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than sixty days after the report was received by the department. By the end of the sixty-day time period, suspected reports must be classified as either unfounded or indicated pursuant to the agency's investigation.
(G)(1) Indicated findings must be based upon a finding of the facts available to the department that abuse or neglect is supported by there is a preponderance of evidence that the child is an abused or neglected child. Indicated findings must include a description of the services being provided the child and those responsible for the child's welfare, and all relevant dispositional information.
(2) If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to 'unfounded' and subsection (J) applies.
(3) If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. The department shall not delete from its data system or records information indicating that the person was the subject of the report. The department's data system and records must clearly record the results of the court or administrative proceeding. If the case record and data system included a designation with the name of the subject of the report indicating that the person committed the abuse or neglect, that designation must be removed following the determination that there is not a preponderance of evidence that the subject of the report committed an act of child abuse or neglect.
(G)(H) All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III, or Category IV.
(1) Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services.
(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490 investigation did not produce a preponderance of the evidence that the child is an abused or neglected child.
(3) Category III unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.
(4) Category IV unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department.
(H) Reports of child abuse and neglect must be entered immediately into the department's centralized data system in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be considered suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".
(1) Indicated reports must be accompanied by a description of services being provided as required under subsection (F).
(2) Affirmative determinations must be accompanied by a description of services being provided the child and those responsible for his welfare and relevant dispositional information.
(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or entries of Category II or III unfounded reports for any purpose other than child abuse and neglect proceedings involving the same subject or the same child and auditing and statistical purposes. Notwithstanding Section 20-7-690 or any other provision of law, no information contained in unfounded reports may be disclosed under any circumstances, except that:
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930;
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date that the report was determined to be unfounded. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(I) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded.
(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of "affirmative determination". The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Information concerning reports classified as unfounded contained in the statewide data system and records must be maintained for not less than five years after the finding. Information contained in unfounded cases is not subject to disclosure under the Freedom of Information Act as provided for in Chapter 4, Title 30. Access to and use of information contained in unfounded cases must be strictly limited to the following purposes and entities:
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsection (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.
Upon a determination that more likely than not, a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department from maintaining an "indicated report" which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report or providing child protective services to the child who is the subject of the indicated report and those responsible for the child's welfare.
(K)(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person be entered in the Central Registry of Child Abuse and Neglect if it the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;
(2) may order that the person be entered in the Central Registry if it the court finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(L)(M) The At the probable cause hearing, the court may order at the probable cause hearing that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(M)(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department shall must serve a copy of the petition and summary on the person named as perpetrator. The petition shall must include a statement that the judge shall must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of court or the clerk's designee must be stated in the petition. If the person named as perpetrator requests a hearing, the court shall must schedule a hearing on the merits of the allegations in the petition and summary to be held no later than five working days following the request.
(N)(O) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
(O)(P) The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(P)(Q) In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(Q)(R) The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used;
(7) the possible outcomes of the investigation; and
(8) the telephone number and name of a department employee available to answer questions.
(R)(S) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide to the department copies of incident reports generated in any case reported to law enforcement by the department and in any case in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under this section and must record the disposition of charges.
(S)(T) The department actively must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(T)(U) The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.
(U)(V) In all instances, the agency in all instances must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION 4. Section 20-7-655 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-655. (A) The Department of Social Services shall purpose of this section is to provide a child protective services appeals process for review of indicated reports that have been indicated pursuant to Section 20-7-650 and are not otherwise being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 20-7-670 and not being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision. This process is available only to the person determined to have abused or neglected the child.
(B) The state director shall appoint a child protective services appeals committee hearing officer to conduct a contested case hearing for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the department in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse The hearing officer shall prepare recommended findings of fact and conclusions of law for review by the state director or the state director's designee who shall render the final decision. The designee under this subsection must not be a person who was involved in making the original case decision or who conducted the interim review of the original case decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child.
(C) When the department determines that an appeal hearing is needed pursuant to Section 20-7-690(J), it shall provide notice of the availability of the hearing to the potential appellant by certified mail. The notice must inform the person of the right to appeal the case determination and the date and time of the appeal hearing. The notice must also advise the appellant of his rights as provided in the department's fair hearing regulations. If a person requests an appeal under this section and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this section is not available. If the family court reaches such a determination after the initiation of the appeal provided for in this section, the department shall terminate the appeal upon receipt of an order that disposes of the issue. If a proceeding is pending in the family court that may result in a finding that will dispose of an appeal under this section, the department shall stay the appeal pending the court's decision.
(D) If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before department is not taking the case to the family court for disposition, or if the case was entered in the Central Registry pursuant to Section 20-7-670 and the department is not taking the case to family court for disposition, the department must shall provide notice of the case decision by certified mail to the subject of the report by certified mail person determined to have abused or neglected the child. The notice must inform the subject of the report person of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency department of his intent in writing within thirty days of receipt of the notice. The notice also must advise the person that the appeal process is for the purpose of determining whether a preponderance of evidence supports the case decision that the person abused or neglected the child. If the subject of the report person does not notify the department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the subject person and the case decision becomes the affirmative determination final.
(E) Within fourteen days after receipt of a notice of intent to appeal, an appropriate official of the department designated by the director must conduct an interim review of case documentation and the case determination must be conducted by an appropriate official of the department designated by the director. The interim review may not delay the scheduling of the appeals contested case hearing. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry.
(F) The child protective services appeals committee shall determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report abused or neglected the child. If the appeals committee affirms the case determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated. After a contested case hearing, if the state director or the director's designee decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the state director or the director's designee reverses the decision that supports that entry, the person's name must be removed from the Central Registry. If the state director or the director's designee affirms the determination against the appellant, the appellant has the right to seek judicial review in the family court of the jurisdiction in which the case originated.
(G) Proceedings for judicial review may be instituted by filing An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. Copies The appellant shall serve a copy of the petition must be served upon the department and all parties of record. Judicial review must be conducted by. The family court shall conduct a judicial review in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by the decision of the department that a preponderance of evidence shows that the subject of the report appellant abused or neglected the child should be affirmed or reversed. The appellant is not entitled to a trial de novo in the family court.
(H) Upon a determination by the interim review, the appeals committee or the court that there is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files and from the Central Registry of Child Abuse and Neglect. This subsection does not prohibit the department or the registry from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a subject of the report, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(I) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services must receive all notices and the case documentation review."
SECTION 5. Section 20-7-680 of the 1976 Code, as last amended by Act 132 of 1997, is further amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services shall must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The name, address, birth date, identifying characteristics, and other information of a person named in a report must be removed from department records and the central registry immediately upon a determination by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I). The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.
(E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in the registry or department records of indicated cases other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated report case' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services."
Part II
SECTION 1. Section 20-7-110 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-110. In all child abuse and neglect and voluntary placement proceedings:
(1) Children must be appointed legal counsel and a guardian ad litem by the family court. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding.
(2) Parents, guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court.
(3) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding."
SECTION 2. Section 20-7-121 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect or extension of voluntary placement agreements or proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor."
SECTION 3. Section 20-7-490 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-490. When used in this article, or in Article 9, Article 11, or subarticle 7 of Article 13, and unless the specific context indicates otherwise:
(1) 'Child' means a person under the age of eighteen.
(2) 'Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (3) and (4), by the acts or omissions of the child's parent, guardian, or other person responsible for his welfare.
(3) 'Harm' to a child's health or welfare can occur 'Child abuse or neglect' occurs when the parent, guardian, or other person responsible for the child's welfare:
(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:
(i) is administered by a parent or person in loco parentis;
(ii) is perpetrated for the sole purpose of restraining or correcting the child;
(iii) is reasonable in manner and moderate in degree;
(iv) has not brought about permanent or lasting damage to the child;
(v) is not reckless or grossly negligent behavior by the parents.
(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;
(c) fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury or presents a significant threat of injury as defined in this section. However, a child's absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance and those efforts were unsuccessful because of the parents refusal to cooperate. For the purpose of this chapter 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law.;
(d) abandons the child;
(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval.;
(f) has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.
(4) 'Threatened harm' means a substantial risk of harm, as defined by item (3).
(5)(3) 'A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver, as defined by Section 20-7-2700, of a public or private residential home, institution, agency, or child daycare facility or an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 20-7-650 must be initiated when If the information contained in a report otherwise sufficient under this section does not establish whether the person has assumed the role or responsibility of a parent or guardian for the child, the department may use information gathered by law enforcement responding to the incident to determine whether to initiate an investigation. If this information is not available within twenty-four hours following receipt of the report or if law enforcement is not investigating the incident, an investigation pursuant to Section 20-7-650 must be initiated.
(6)(4) 'Physical injury' means death or permanent or temporary disfigurement or impairment of any bodily organ or function.
(7)(5) 'Mental injury' means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child's ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional to a reasonable degree of medical certainty.
(8)(6) 'Institutional child abuse and neglect' means situations of known or suspected child abuse or neglect where the person responsible for the child's welfare is the employee of a public or private residential home, institution, or agency.
(9)(7) 'Protective services unit' means the unit established within the Department of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.
(10)(8) 'Subject of the report' means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.
(11)(9) 'Suspected report' means all initial reports of child abuse or neglect received pursuant to this article.
(12)(10) 'Unfounded report' means a report made pursuant to this article for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this article, it is presumed that all reports are unfounded unless the department determines otherwise.
(13)(11) 'Indicated report' means a report of child abuse or neglect supported by facts which warrant a finding by a preponderance of evidence that abuse or neglect is more likely than not to have occurred.
(14)(12) 'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would justify a reasonable person to believe that a child subject to a report under this article is abused or neglected.
(15)(13) 'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.
(16)(14) 'Department' means the Department of Social Services.
(17)(15) 'Child protective investigation' means an inquiry conducted by the department in response to a report of child abuse or neglect made pursuant to this article.
(18)(16) 'Child protective services' means assistance provided by the department as a result of indicated reports or affirmative determinations of child abuse or neglect, including assistance ordered by the family court or consented to by the family. The objectives of child protective services are to:
(a) protect the child's safety and welfare; and
(b) maintain the child within the family unless the safety of the child requires placement outside the home.
(19) 'Affirmative determination' means a finding by a preponderance of evidence that the child was abused or neglected by the person who is alleged or determined to have abused or neglected the child and who is mentioned by name in a report or finding. This finding may be made only by:
(a) the court;
(b) the Department of Social Services upon a final agency decision in its appeals process; or
(c) waiver by the subject of the report of his right to appeal. If an affirmative determination is made by the court after an affirmative determination is made by the Department of Social Services, the court's finding must be the affirmative determination.
(20)(17) 'Court' means the family court.
(21)(18) 'Abandonment of a child' means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child.
(22)(19) 'Guardianship of a child' means the duty and authority vested in a person by the family court to make certain decisions regarding a child, including:
(a) consent consenting to a marriage, enlistment in the armed forces, and medical and surgical treatment;
(b) represent representing a child in legal actions and to make other decisions of substantial legal significance affecting a child; and
(c) rights and responsibilities of legal custody when legal custody has not been vested by the court in another person, agency, or institution.
(23)(20) 'Legal custody' means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment; the obligation to provide financial support or other funds for the care of the child; and other residual rights or obligations as may be provided by order of the court.
(24)(21) 'Party in interest' includes the child, the child's attorney and guardian ad litem, the natural parent, an individual with physical or legal custody of the child, the foster parent, and the local foster care review board.
(25)(22) 'Physical custody' means the lawful, actual possession and control of a child.
(26)(23) 'Emergency protective custody' means the right to physical custody of a child for a temporary period of no more than twenty-four hours to protect the child from imminent danger.
Emergency protective custody may be taken only by a law enforcement officer pursuant to this article."
SECTION 4. The 1976 Code is amended by adding:
"Section 20-7-570. (A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. Whether to bring a civil action pursuant to this section is in the sole discretion of the department.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567 a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred."
SECTION 5. Section 20-7-610(A)(1) of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"(1) the officer has probable cause to believe that by reason of abuse or neglect the child's life, health, or physical safety is in substantial and imminent danger if the child is not taken into emergency protective custody, and there is not time to apply for a court order pursuant to Section 20-7-736. When a child is taken into emergency protective custody following an incident of excessive corporal punishment, and the only injury to the child is external lesions or minor bruises, other children in the home shall not be taken into emergency protective custody solely on account of the injury of one child through excessive corporal punishment. However, the officer may take emergency protective custody of other children in the home if a threat substantial risk of harm to them is further indicated by factors including, but not limited to, a prior history of domestic violence or other abuse in the home, alcohol or drug abuse if known or evident at the time of the initial contact, or other circumstances indicative of danger to the children;"
SECTION 6. Section 20-7-635(C) of the 1976 Code, as added by Act 450 of 1996, is amended to read:
"(C) Children in temporary crisis placements are not in the custody of the department and must not be considered to be in foster care. No placement of a child in a temporary crisis home or facility may occur unless it is agreed to by the child's parent, guardian, or custodian and the department. Temporary crisis placements may last no longer than seventy-two hours."
SECTION 7. The 1976 Code is amended by adding:
"Section 20-7-637. (A) The department may accept the voluntary placement of a child in the legal custody of the department by the child's parent or guardian. It is in the discretion of the department whether to accept the placement and the department shall develop criteria for voluntary placement. The department and the parent or guardian must sign a written voluntary placement agreement that explains the rights and obligations of the parent or guardian and the department.
(B) When a child enters the custody of the department pursuant to a voluntary placement agreement, the department and the parent or guardian must develop a placement plan pursuant to Section 20-7-764 and the parties must comply with the permanency planning hearing requirements of Section 20-7-766.
(C) The voluntary placement is a temporary arrangement. The placement may not last more than 180 days without a court finding pursuant to this section that extending the placement is in the best interest of the child. In any such proceeding, the child shall have representation by a guardian ad litem pursuant to Section 20-7-110. The department shall attach to the petition a written summary of the circumstances of the placement and the reasons for the extension and a placement plan for review and approval in accordance with Section 20-7-764. The consent of the parent or guardian and the child's guardian ad litem must also be provided in writing to the court. The court may issue its order based on the petition and supporting documentation or may order a hearing. To extend the voluntary placement, the court's order must be issued within the first 180 days from the date of the original placement.
(D) A voluntary placement is revocable by the parent or guardian who entered into the agreement and by the department. To effect the revocation, either party must provide written notice at least forty-eight hours in advance of the date the child would be returned to the parent or guardian.
(E) If a child who is in the custody of the department pursuant to a voluntary placement agreement is abandoned by the child's parent or guardian, the child must be treated as being in emergency protective custody, without the necessity for complying with the procedures in Section 20-7-610(A) or (P). Within 24 hours after determining that the child has been abandoned, the department shall initiate a removal proceeding in the appropriate family court pursuant to Section 20-7-736, and the court shall proceed as provided in Section 20-7-610(K) through (O).
(F) When a party revokes the agreement, if the voluntary placement agreement or an extension is the basis for the department having custody, the foster care provider is entitled to receive notice of the intent to move the child as soon as reasonably possible. Foster parents who provide care for a child placed pursuant to this section may not appeal the return of the child to the parent or guardian.
(G) Nothing in this section limits the authority of the department to proceed pursuant to Section 20-7-736 for removal of custody or the authority of the court in instances of abuse or neglect or suspected abuse or neglect."
SECTION 8. Section 20-7-670 of the 1976 Code, as last amended by Part II, Section 6A of Act 1 of 2001, is further amended to read:
"Section 20-7-670. (A) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect of children who reside in or receive care or supervision in residential institutions and, foster homes, and child daycare facilities. Responsibility for investigating these entities must be assigned to a unit or units not responsible for selecting or licensing these entities. In no case does the Department of Social Services have responsibility for investigating allegations of abuse and neglect in institutions operated by the Department of Social Services.
(B) The Department of Social Services is authorized to receive and investigate reports of abuse and neglect occurring in Foster homes subject to this section are those which are supervised by or recommended for licensing by the department or by child placing agencies to determine whether the report is indicated or unfounded. Indicated reports must be based upon a finding that abuse or neglect is supported by a preponderance of the evidence available to the department. The determination that a report is indicated may be appealed, as provided in Section 20-7-655. Responsibility for investigating the department's foster homes must be assigned to a unit or units not responsible for selecting or licensing its foster homes.
(C) The department shall promulgate regulations consistent with this authority. The regulations shall cover at a minimum investigation of reports, notice to the institutions and sponsoring agencies, and remedial action.
(D) The State Law Enforcement Division is authorized to receive and investigate reports of institutional abuse and neglect alleged to have occurred in any institution or foster home operated by the Department of Juvenile Justice and any institution or day care facility operated by the Department of Social Services. The State Law Enforcement Division may promulgate regulations consistent with this authority to receive and investigate these reports.
(E) The Department of Social Services may initiate proceedings in the circuit court to enjoin the operations of a foster home, an institution, a child daycare facility or a child placing agency or to require other corrective action if necessary for the safety of the children. The department shall take whatever steps it considers necessary to inform potential reporters of abuse and neglect of its responsibilities under this section. The family court retains jurisdiction to hear cases brought by the department for the protection of children residing in a facility, institution, or home subject to this section when the child resides there because of the child's relationship to the owner or operator of the home or a caregiver residing in the home.
(F) The Department of Social Services must investigate an allegation of abuse or neglect of a child where the child is in the custody of or a resident of a residential treatment facility or intermediate care facility for the mentally retarded licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health.
(G) The Department of Social Services has access to facilities for the purpose of conducting investigations and has authority to request and receive written statements, documents, exhibits, and other information pertinent to an investigation including, but not limited to, hospital records. The appropriate officials, agencies, departments, and political subdivisions of the State must assist and cooperate with the court and the Department of Social Services in furtherance of the purposes of this section.
(H) The Department of Social Services may file with the family court an affidavit and a petition to support issuance of a warrant at any time during an investigation. The family court must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the premises of the child, to inspect the premise where the child may be located or may reside, and to obtain copies of medical, school, or other records necessary for investigation of the allegations of abuse or neglect.
(I) When the investigation performed pursuant to this section results in a determination that an individual has harmed a child or threatened a child with harm, as defined in Section 20-7-490, the name of that individual must be entered immediately in the Central Registry of Child Abuse and Neglect. The department must notify the individual in writing by certified mail that his name has been entered in the registry, of his right to request an appeal of the decision to enter his name in the registry, and of the possible ramifications regarding future employment and licensing if he allows his name to remain in the registry. The procedures set forth in Section 20-7-655 apply when an individual challenges the entry of his name in the registry and challenges of the entry in the registry pursuant to this subsection must be given expedited review in the appellate process."
SECTION 9. Section 20-7-690 of the 1976 Code, as last amended by Act 104 of 1999, is further amended by adding at the end:
"(N)(1) Reports, working documents, and records created by or for the department are confidential and privileged when these reports, documents, and records were created:
(a) as part of its qualitative review of a county department's child welfare case files to assess child welfare practice and render technical assistance; or
(b) as a result of reviews conducted pursuant to the department's child death protocol.
(2) These reports, documents, and records are not subject to discovery, subpoena, or introduction into evidence in any civil proceeding against the department or its employees acting in their official capacity.
(3) These reports, documents, and records are not subject to release under the South Carolina Freedom of Information Act.
(4) Meetings occurring as part of the qualitative review process and the child death protocol process are closed to the public.
(5) No person participating in these processes may be required to testify in any civil action as to any findings, opinions, recommendations, evaluations, or other action resulting from or developed during these processes.
(6) The state director has the authority to release information contained in reports, documents, and records governed by this subsection to other government officials if the director determines the information pertains to a matter within the scope of that official's responsibility.
(7) The department shall release information contained in these reports, documents, and records to the Department of Child Fatalities pursuant to Section 20-7-5930 upon request.
(8) This subsection does not make privileged or confidential those public reports prepared and issued pursuant to Section 43-1-115 or Section 20-7-690(H).
(9) Information, documents, reports, or records that are not created by or for the department's internal review processes described in this subsection do not become immune from discovery or from use in a civil action because they were used in an internal review.
(10) Release of material pursuant to (6) or (7) does not abrogate the duty to maintain confidentiality or the privilege established elsewhere in this section."
SECTION 10. Section 20-7-762 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-762. (A) At the close of a hearing pursuant to Section 20-7-738 or 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment service plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future.
(B) The plan must be prepared by the department and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the department shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order. The court order shall specify a date when treatment goals changes in parental behavior, home conditions, and safety planning for the child must be achieved and court jurisdiction ends, unless the court specifically finds that the matter must be brought back before the court for further review before the case may be closed. If the order requires further court review before case closure, the order shall specify a time limit for holding the next hearing.
(C) Unless services are to terminate earlier, the department shall schedule a review hearing before the court at least once every twelve months to establish whether the conditions which required the initial intervention exist. If the conditions no longer exist, the court shall order termination of protective services, and the court's jurisdiction shall end. If the court finds that the conditions which required the initial intervention are still present, it shall establish:
(1) what services have been offered to or provided to the parents;
(2) whether the parents are satisfied with the delivery of services;
(3) whether the department is satisfied with the cooperation given to the department by the parents;
(4) whether additional services should be ordered and additional treatment goals established; and
(5) the date when treatment the goals must be achieved and court jurisdiction ends.
The court order shall specify a date upon which jurisdiction will terminate automatically, which must be no later than eighteen months after the initial intervention. Jurisdiction may be extended pursuant to a hearing on motion by any party, if the court finds that there is clear and convincing evidence that the child is threatened with harm absent a continuation of services."
SECTION 11. Section 20-7-766 of the 1976 Code, as last amended by Act 104 of 1999, is further amended to read:
"Section 20-7-766. (A) The family court must review the status of a child placed in foster care upon motion filed by the department to determine a permanent plan for the child. The permanency planning hearing must be held no later than one year after the date the child was first placed in foster care. At the initial permanency planning hearing, the court shall review the status of the child and the progress being made toward the child's return home or toward any other permanent plan approved at the removal hearing. The court's order shall make specific findings in accordance with this section. An action for permanency planning must be brought pursuant to this section for a child who enters the custody of the department by any mechanism, including Section 20-7-637, 20-7-610, 20-7-736, or 20-7-1700. If the child entered care pursuant to a voluntary placement agreement or relinquishment for adoption and no court action is pending concerning the child, the department may initiate the permanency planning hearing with a summons and petition for review. All parties must be served with the summons and petition at least ten days before the hearing and no responsive pleading is required.
(B) The department shall attach a supplemental report to the pleadings which contain at least:
(1) that information necessary to support findings required in subsection (G);
(2) the recommended permanent plan and suggested timetable for attaining permanence; and
(3) any reports of the local foster care review board which pertain to the child. The department may use the same form for the supplemental report, reports from the department to the local foster care review board, and reports compiled for internal department reviews.
(C) At the permanency planning hearing the court shall review the department's plan, for achieving permanence for the child. If the department's plan does not return the child home to his parents, the court must outline the compelling reasons for the permanent plan as provided in subsection (G). If the court selects one of the options provided in subsection (G), the court's order must outline compelling reasons for the plan.
(C)(D) If the court determines at the permanency planning hearing that the child may be safely maintained in the home in that the return of the child to the child's parent would not cause an unreasonable risk of harm to the child's life, physical health, safety, or mental well-being, the court shall order the child returned to the child's parent. The court may order a specified period of supervision and services not to exceed twelve months. When determining whether the child should be returned, the court shall consider all evidence and the supplemental report including whether the parent has substantially complied with the terms and conditions of the plan approved pursuant to Section 20-7-764.
(D)(E) Except as provided in subsection (E)(F), if the court determines at the permanency planning hearing that the child should not be returned to the child's parent at that time, the court's order shall require the department to file a petition to terminate parental rights to the child not later than sixty days after receipt of the order. If a petition to terminate parental rights is to be filed, the department must exercise and document every reasonable effort to promote and expedite the adoptive placement and adoption of the child, including a thorough adoption assessment and child-specific recruitment. Adoptive placements must be diligently sought for the child and failure to do so solely because a child is classified as 'special needs' is expressly prohibited. No adoption may be delayed or denied solely on these special needs. If the department demonstrates to the court that terminating parental rights is clearly not in the child's best interest and one or more of the conditions specified under subsection (F)(G) exists, a different disposition may be required. For purposes of this subsection:
(1) 'thorough adoption assessment' means conducting and documenting face-to-face interviews with the child, foster care providers, and other significant parties; and
(2) 'child specific recruitment' means recruiting an adoptive placement targeted to meet the individual needs of the specific child including, but not be limited to, use of the media, use of photo listings, and any other in-state or out-of-state resources which may be utilized to meet the specific needs of the child, unless there are extenuating circumstances that indicate that these efforts are not in the best interest of the child.
(E)(F) If the court determines that the child may be returned to the parent as provided for in subsection (C)(D) within a specified reasonable time not to exceed six eighteen months after the child was placed in foster care and that the best interests of the child will be served and if the court finds that initiating termination of parental rights is not in the best interests of the child, the court may order an extension of the plan approved pursuant to Section 20-7-764 or may order compliance with a modified plan.
(F)(G) After assessing the viability of adoption, if the department demonstrates that termination of parental rights is clearly not in the child's best interest and if the court determines that the:
(1) best interest of the child would be served, the court may order that custody or legal guardianship, or both, be placed with a suitable member of the child's extended family or a suitable nonrelative; however,. A home study on the relative or nonrelative must be submitted to the court for consideration before placement. The court may order a specified period of supervision and services not to exceed twelve months;
(2) child has special needs or circumstances and that a permanent foster caregiver has been identified by the department, the court may order that the child be placed in permanent foster care with a specified caregiver. If the child is under fourteen years of age, the special needs or circumstances must be shown by clear and convincing evidence;
(3) child has attained the age of sixteen, reasonable efforts to place the child adoptively have been exhausted, and the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care to provide services needed to assist the child to make the transition to independent living; or
(4) child has physical, mental, or psychological problems or special treatment needs and must remain in a specialized foster care setting or that the child is unwilling to accept or unable to adapt to a permanent placement, the court may extend foster care pending implementation of a permanent plan.
(G)(H) If the child is not returned to the parent, in addition to the findings required under subsection (D)(E) or (F)(G), the court shall specify in its order:
(i) what services have been provided to or offered to the parents to facilitate reunification;
(ii) the compliance or lack of compliance by all parties to the plan approved pursuant to Section 20-7-764;
(iii) the extent to which the parents have visited or supported the child and any reasons why visitation or support has not occurred or has been infrequent;
(iv) whether previous services should continue and whether additional services are needed to facilitate reunification, identifying the services and specifying the expected date for completion, which must be less than six months from the date of the order no longer than eighteen months from the date the child was placed in foster care;
(v) whether return of the child can be expected and identification of the changes the parent must make in circumstances, conditions, or behavior to remedy the causes of the child's placement or retention in foster care;
(vi) whether the child's foster care is to continue for a specified time and, if so, how long;
(vii) if the child has attained the age of sixteen, the services needed to assist the child to make the transition to independent living;
(viii)whether the child's current placement is safe and appropriate; and
(ix) whether the department has made reasonable efforts to assist the parents in remedying the causes of the child's placement or retention in foster care.; and
(x) the steps the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts.
(H)(I) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.
If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (G)(H).
After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (F)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (F)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care pursuant to a permanent plan other than termination of parental rights and adoption, reunification, custody or guardianship with an extended family member or suitable nonrelative, future permanency planning hearings must be held annually, unless the child is younger than ten years of age. Permanency planning hearings must be held every six months for children younger than ten years of age or children with a permanent plan of termination of parental rights and adoption who remain in the custody of the department.
(I)(J) A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report and notice of the hearing must be served upon all named parties at least forty ten days before the hearing.
(J)(K) A named party, the child's guardian ad litem, or the local foster care review board may file a motion for review of the case at any time. Any other party in interest may move to intervene in the case pursuant to the rules of civil procedure and if the motion is granted, may move for review. Parties in interest include, but are not limited to, the individual or agency with legal custody or placement of the child and the foster parent. The notice of motion and motion for review must be served on the named parties at least ten days before the hearing date. The motion shall state the reason for review of the case and the relief requested.
(K)(L) The pendency of an appeal concerning a child in foster care does not deprive the court of jurisdiction to hear a case pursuant to this section. The court shall retain jurisdiction to review the status of the child and may act on matters not affected by the appeal."
SECTION 12. Section 20-7-768(C) of the 1976 Code, as added by Act 391 of 1998, is amended to read:
"(C) This section does not apply:
(1) to a child for whom the family court has found that initiation of termination of parental rights is not in the best interests of the child, after applying the criteria of Section 20-7-766(C), (E), or (F)(D), (F), or (G) to select a permanent plan for the child from Section 20-7-766(C), (E), or (F)(D), (F), or (G), and that this finding and permanent plan constitute a compelling reason for not initiating termination of parental rights;
(2) if the family court finds that the department has not afforded services to the parents provided for in the treatment placement plan approved pursuant to Section 20-7-764 in a manner that was consistent with the time periods in the plan, or that court hearings have been delayed in such a way as to interfere with the initiation, delivery, or completion of services, but only if:
(a) the parent did not delay the court proceedings without cause or delay or refuse the services;
(b) successful completion of the services in question may allow the child to be returned as provided for in Section 20-7-766(C)(D) within the extension period; and
(c) the case is not one for which the court has made a determination that reasonable efforts to preserve or reunify the family are not necessary pursuant to Section 20-7-763."
SECTION 13. Section 20-7-1572(7) of the 1976 Code, as last amended by Act 391 of 1998, is further amended to read:
"(7) The child has been abandoned as defined in Section 20-7-490(21)(18);"
SECTION 14. Section 20-7-1642 of the 1976 Code, as last amended by Act 391 of 1998, is further amended by adding at the end:
"(C) This section does not prevent placement when a conviction or plea for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited to provide foster care services."
SECTION 15. The 1976 Code is amended by adding:
"Section 20-7-2265. When a provision of law or regulation provides for a criminal history background check in connection with licensing, placement, service as a volunteer, or employment with a child welfare agency, the provision of law or regulation may not operate to prevent licensing, placement, service as a volunteer, or employment when a conviction or plea of guilty or nolo contendere has been pardoned. However, notwithstanding the entry of a pardon, the department, child welfare agency, or employer may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited for licensing, placement, service as a volunteer, or employment."
SECTION 16. Section 20-7-2725(A) of the 1976 Code, as last amended by Act 221 of 2000, is further amended by adding at the end:
"This section does not prevent employment or provision of caregiver services when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, an operator or the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited for employment or to provide caregiver services."
SECTION 17. Section 20-7-2730(E) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prevent licensing when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator."
SECTION 18. Section 20-7-2740(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prevent renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator."
SECTION 19. Section 20-7-2800(D) of the 1976 Code, as last amended by Act 54 of 1995, is further amended by adding at the end:
"This section does not prevent approval when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION 20. Section 20-7-2810(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not prevent renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited as an applicant or to be an operator, caregiver, or employee."
SECTION 21. Section 20-7-2850(D) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not operate to prevent registration or renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator, caregiver, employee, or to be living in the family daycare home."
SECTION 22. Section 20-7-2900(C) of the 1976 Code, as last amended by Act 220 of 2000, is further amended by adding at the end:
"This section does not prevent licensing or registration or renewal when a conviction or plea for one of the crimes enumerated in this subsection has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the person is unfit or unsuited to be an operator, caregiver, employee."
SECTION 23. Section 20-7-3097(A) of the 1976 Code, as last amended by Act 444 of 1996, is further amended by adding at the end:
"This section does not prevent employment when a conviction or plea for one of the crimes listed has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or unsuited for employment."
SECTION 24. Section 20-7-3010 of the 1976 Code, as amended by Part II, Section 79A. G of Act 164 of 1993, is further amended to read:
"Section 20-7-3010. The department is empowered to seek an injunction against the continuing operation of a child day care facility in the family circuit court having jurisdiction over the county in which the facility is located:
(1) when a facility is operating without a license or statement of registration;
(2) when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;
(3) when an operator has repeatedly violated this subarticle or the regulations of the department."
SECTION 25. Section 20-7-2920 of the 1976 Code is repealed.
Part III
SECTION 1. This act takes effect upon approval by the Governor./
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:
S. 252 (Word version) -- Senators Hayes, Branton, Alexander, Ravenel, Leatherman, Grooms, J. V. Smith, Peeler, Giese, Wilson, Gregory, Hawkins, Ritchie and Fair: A BILL TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST SELLERS AND BUYERS FOR THE UNLAWFUL PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO PROHIBIT A MINOR FROM BEING CHARGED WITH UNLAWFULLY PURCHASING BEER OR WINE IF THE MINOR MADE THE PURCHASE AS PART OF AN INVESTIGATION BEING CONDUCTED BY LAW ENFORCEMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11745AC02), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 61-4-105. A law enforcement agency that conducts an age verification check at a retail location shall notify that retailer in writing as to whether the compliance check was successful or unsuccessful, the retail location that was checked, and the date that the compliance check took place. The law enforcement agency shall notify the retailer within thirty days of the completion of the compliance check."
SECTION __. A. Section 20-7-510(A) of the 1976 Code, as amended by Act 81 of 2001, is further amended to read:
"(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."
B. Section 20-7-550 of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:
"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.
Reps. J. BROWN, LOFTIS, KEEGAN and SIMRILL withdrew their requests for debate on the following Bill:
S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Rep. WILKINS, with unanimous consent, made a statement relative to the Public Service Commission elections.
The Senate amendments to the following Bill were taken up for consideration:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
Rep. HARRELL explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 4416 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J. R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Jennings, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D. C. Smith, Sinclair, J. Young, Owens, White, Martin, Trotter, Harrell, Quinn, Huggins, Battle, Miller, Delleney, Harvin, Barrett, Emory, Knotts, Riser and Bales: A BILL TO ENACT THE SOUTH CAROLINA "OMNIBUS TERRORISM PROTECTION AND HOMELAND DEFENSE ACT OF 2002" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PROVIDE MATERIALS OR RESOURCES IN SUPPORT OF TERRORIST, TERRORIST ORGANIZATIONS, OR INTERNATIONAL TERRORISM, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD VIOLATION OF ANTI-TERRORISM LAWS TO THE LIST OF STATUTORY AGGRAVATING CIRCUMSTANCES; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIMES AND PENALTIES, SO AS TO PROVIDE THAT INTRODUCING A COMPUTER VIRUS, COMPUTER WORM, OR ANY OTHER DAMAGING PROGRAM INTO A COMPUTER SYSTEM IS A COMPUTER CRIME; TO AMEND SECTION 16-23-750, RELATING TO COMMUNICATING THREATS RELATING TO USE OF EXPLOSIVE, INCENDIARY, OR DESTRUCTIVE DEVICES, SO AS TO PROVIDE THAT IN ADDITION TO THE PENALTIES FOR A VIOLATION OF THIS SECTION, THE PRESIDING JUDGE SHALL ORDER THE OFFENDER TO MAKE FULL RESTITUTION FOR THE COST OF RESPONDING TO OR DEALING WITH THE THREAT OR FALSELY CONVEYED INFORMATION REGARDING THE THREATENED USE OF SUCH DEVICES AND TO PROVIDE FOR THE ELEMENTS OF THIS RESTITUTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-780 SO AS TO PROVIDE FOR ALTERNATIVE MAXIMUM IMPRISONMENT FOR CERTAIN OFFENSES INVOLVING THE USE OF ANTHRAX OR A BIOLOGICAL ORGANISM SO AS TO CAUSE DEATH OR INJURY IN HUMANS, ANIMALS, OR PLANTS; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-790 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY INFECT, HARM, OR DESTROY A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH BY MEANS OF THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR WEAPON OF MASS DESTRUCTION, OR BY THE DIRECT OR INDIRECT USE OF A BIOLOGICAL, CHEMICAL, OR NUCLEAR AGENT OR SUBSTANCE, WITH THE INTENT OF CAUSING ECONOMIC OR PHYSICAL HARM TO A PERSON, A FIELD OR TRACT OF LAND, A STREAM OR BODY OF WATER, CROPS, PLANTS, VEGETATION, LIVESTOCK, WILDLIFE, OR FISH, OR TO ANY OTHER REAL OR PERSONAL PROPERTY, OR THE ENVIRONMENT, AND TO PROVIDE FOR PENALTIES AND RESTITUTION FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 23, TITLE 16, RELATING TO OFFENSES INVOLVING WEAPONS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT, EXCEPT AS EXPRESSLY AUTHORIZED AND PERMITTED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO MANUFACTURE, ASSEMBLE, POSSESS, STORE, TRANSPORT, SELL, PURCHASE, DELIVER, OR ACQUIRE NUCLEAR, BIOLOGICAL, OR CHEMICAL WEAPONS OF MASS DESTRUCTION, OR BIOLOGICAL AGENTS OR TOXINS, OR TO USE, THREATEN TO USE, OR ATTEMPT TO USE THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY MAKE A FALSE REPORT CONCERNING THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PERPETRATE A HOAX BY THE USE OF AN ARTIFACT, REPLICA, OR FALSE REPLICA OF THESE WEAPONS, AGENTS, OR TOXINS; TO PROVIDE THAT THE UNLAWFUL KILLING OF A PERSON BY MEANS OF THESE WEAPONS, AGENTS, OR TOXINS IS MURDER; TO REQUIRE PERSONS WHO KNOWINGLY OR INTENTIONALLY COMMIT ANY OFFENSE INVOLVING THESE WEAPONS, AGENTS, OR TOXINS BE PROSECUTED AND SENTENCED IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE; TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICERS TO MAKE CERTAIN REPORTS TO THE STATE LAW ENFORCEMENT DIVISION AND PUBLIC HEALTH OFFICIALS RELATING TO BIOLOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; BY ADDING SECTION 12-6-3545 SO AS TO ALLOW A LAW ENFORCEMENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL TECHNICIAN EMPLOYED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE A CREDIT AGAINST THE STATE INCOME TAX IN CONNECTION WITH DUTY IN RESPONDING TO A TERRORIST ACT AND TO PROVIDE THE AMOUNT OF THE CREDIT AND ITS ELIGIBILITY REQUIREMENTS; TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION FOR MEMBERS OF A STATE NATIONAL GUARD UNIT FEDERALIZED OR A RESERVIST CALLED TO ACTIVE DUTY FOR PARTICIPATION IN "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR BOTH; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 39-5-145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELF-STORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE "COMMODITY" AND "UNCONSCIONABLE PRICE", TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 39-5-147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, AND TO PROVIDE FOR THE ADDITIONAL CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS OCCURRING OVER A TWENTY-FOUR-HOUR PERIOD AND FOR A CRIMINAL PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; AND TO AMEND SECTIONS 16-7-10, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, AND 33-56-120, AS AMENDED, RELATING TO PROHIBITION OF MISREPRESENTATIONS IN CHARITABLE SOLICITATIONS, BOTH SO AS TO CONFORM THEM TO THESE PROVISIONS AND MAKE THE PENALTIES FOR VIOLATIONS CUMULATIVE AND ADDITIONAL; BY ADDING SECTION 8-1-200 SO AS TO PROVIDE FOR LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES TRAINED BY THE AMERICAN RED CROSS FOR DISASTER RESPONSE OR EMERGENCY AND TO AUTHORIZE CERTAIN STATE OFFICERS AND EMPLOYEES TO PARTICIPATE IN AMERICAN RED CROSS DISASTER RESPONSE OR EMERGENCY RELIEF AT DISASTER OR EMERGENCY SITES WITHIN, OR OUTSIDE THE STATE; TO AMEND SECTION 51-3-60, RELATING TO FREE ADMISSION TO STATE PARKS AND REDUCED RATES FOR USE OF PARK CAMPSITES, SO AS TO EXTEND THESE PRIVILEGES TO POLICE, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS; BY ADDING SECTION 59-149-25 SO AS TO PROVIDE THAT IN-STATE RESIDENTS ARE ELIGIBLE FOR LIFE SCHOLARSHIPS WITHOUT THE NECESSITY OF MEETING ANY ACADEMIC QUALIFICATIONS EXCEPT FOR THE NECESSITY OF BEING ACCEPTED UNDER APPLICABLE ADMISSION REQUIREMENTS OF THE STATE INSTITUTION THEY ARE TO ATTEND IF ONE OF THEIR PARENTS OR LEGAL GUARDIANS DIED AS A RESULT OF THE TERRORIST ATTACKS ON SEPTEMBER 11, 2001, AND TO PROVIDE THE REQUIREMENTS AND PROCEDURES TO QUALIFY FOR THESE SCHOLARSHIPS; BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE TO THE VICTIMS OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS AND TO THE COURAGEOUS ACTIONS OF ALL LAW ENFORCEMENT OFFICERS AND RESCUE WORKERS; TO AMEND SECTION 59-1-443, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY; BY ADDING SECTION 59-1-460 SO AS TO REQUIRE PRINCIPALS AND TEACHERS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO DISPLAY THE MOTTO OF THE UNITED STATES OF AMERICA IN EACH CLASSROOM, SCHOOL AUDITORIUM, AND CAFETERIA.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 1228 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2002.
The President recognized Rep. DELLENEY, Chairman of the Judicial Merit Selection Commission.
The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Gayla S. L. McSwain and Roger M. Young.
Rep. DELLENEY stated that Gayal S. L. McSwain had withdrawn from the race and placed the name of the remaining candidate, Roger M. Young, in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Roger M. Young was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 4.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Robert N. Jenkins, Sr. and Edward W. "Ned" Miller.
Rep. DELLENEY stated that Robert N. Jenkins, Sr. had withdrawn from the race and placed the name of the remaining candidate, Edward W. "Ned" Miller in nomination.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Edward W. "Ned" Miller was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 3.
Rep. DELLENEY, on behalf of the Judicial Merit Selection Commission, stated that the Honorable H.T. Abbott III had been screened, found qualified, and placed his name in nomination.
Senator Mescher desired to be recorded as against the election of H.T. Abbott III.
On motion of Rep. DELLENEY, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable H.T. Abbott III was duly elected for the term prescribed by law.
The Reading Clerk read the following Concurrent Resolution:
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.
The President announced that nominations were in order for a member of the Board of Trustees for Winthrop University.
The President recognized Rep. PHILLIPS, Chairman of the Joint Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities.
Rep. PHILLIPS, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Reggie Lloyd, Dr. Leland H. Cox, Jr., Alan H. Kyber, and John M. Deal, Jr.
Rep. PHILLIPS stated that the following candidates had withdrawn from the race: Dr. Leland H.Cox, Jr. and John M. Deal, Jr.
Rep. PHILLIPS placed the names of the remaining candidates, Reggie Lloyd and Alan H. Kyber in nomination.
On motion of Rep. PHILLIPS, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Lloyd:
Alexander Anderson Bauer Branton Drummond Elliott Ford Giese Glover Grooms Hawkins Hutto Jackson Knotts Kuhn Land Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Ravenel Reese Ritchie Ryberg Setzler Short Smith, J. V. Thomas Verdin
The following named Senators voted for Mr. Kyber:
Courson Hayes Mescher
On motion of Rep. PHILLIPS, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Lloyd:
Allen Allison Altman Bales Barfield Battle Bingham Bowers Breeland Brown, G. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Klauber Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rutherford Sandifer Scarborough Scott Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper Wilder Wilkins Witherspoon Young, A. Young, J.
The following named Representatives voted for Kyber:
Kirsh Simrill White
Total number of Senators voting 39
Total number of Representatives voting 111
Grand Total 150
Necessary to a choice 76
Of which Lloyd received 144
Of which Kyber received 6
Whereupon, the PRESIDENT announced that Reggie Lloyd was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:20 p.m. the House resumed, the SPEAKER in the Chair.
The Senate amendments to the following Bill were taken up for consideration:
H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS.
Rep. TOWNSEND explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
Rep. WITHERSPOON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4981 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3309 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Rep. FLEMING made the Point of Order that the Senate Amendments were 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.
The Senate amendments to the following Bill were taken up for consideration:
S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
Rep. RICE explained the Senate Amendments.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Trotter Webb
Those who voted in the negative are:
Rice
So, the Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.
Rep. VAUGHN proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\AMEND\21431SD02):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION ___. (A) Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(a) medicine and prosthetic devices sold by prescription, prescription medicines used in the treatment of renal disease, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples."
(B) This act takes effect January 1, 2004. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. J. E. SMITH made the Point of Order that the Senate Amendments were 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. MARTIN moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The Senate amendments to the following Bill were taken up for consideration:
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES.
Rep. KELLEY explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
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 SPEAKER, citing Rule 4.8, ordered the Bill committed to the Committee on Judiciary.
The Senate amendments to the following Bill were taken up for consideration:
H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.
Rep. HARRISON explained the Senate Amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration:
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
Rep. J. R. SMITH explained the Senate Amendments.
Rep. BALES made the Point of Order that the Senate Amendments were 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.
The Senate amendments to the following Bill were taken up for consideration:
S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HARRISON moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 29, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
H. 3142 (Word version) -- Reps. Cato, Wilkins, Davenport, Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson, Knotts, Campsen, Coates, McGee and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF THIS CHAPTER THAT ADVERSELY AFFECT A PERSON'S RIGHTS UNDER THIS CHAPTER, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF A PERSON AGGRIEVED BY SUCH VIOLATIONS THAT DENY EMPLOYMENT OR DENY CONTINUING EMPLOYMENT AND TO INCLUDE PUNITIVE DAMAGES IN THE RELIEF AUTHORIZED.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 29, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Martin, Waldrep and Hutto of the Committee of Free Conference on the part of the Senate on S. 322:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Very respectfully,
President
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5345 (Word version) -- Reps. Edge, Witherspoon, Barfield, Keegan and Kelley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE LOCATED AT THE INTERSECTION OF SC-22 AND US-701 NORTH AS THE "LIEUTENANT RANDY G. GERALD MEMORIAL BRIDGE" IN HONOR OF THIS OUTSTANDING LAW ENFORCEMENT OFFICER WHO LOST HIS LIFE IN THE LINE OF DUTY.
Ordered for consideration tomorrow.
On motion of Rep. EASTERDAY, with unanimous consent, the following was taken up for immediate consideration:
H. 5367 (Word version) -- Rep. Easterday: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE LADY RAMS OF HILLCREST HIGH SCHOOL GIRLS SOFTBALL TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS ON JUNE 4, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AAAA STATE CHAMPIONSHIP WIN.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor of the House of Representatives to the members of the Lady Rams of Hillcrest High School Girls Softball Team, their coaches, staff, and other school officials on June 4, 2002, at a time to be determined by the Speaker, to congratulate them on their outstanding season and their exciting 2002 Class AAAA State Championship win.
The Resolution was adopted.
On motion of Rep. LIMEHOUSE, with unanimous consent, the following was taken up for immediate consideration:
H. 5368 (Word version) -- Reps. Limehouse, Merrill, Altman, Breeland, R. Brown, Campsen, Chellis, Dantzler, Harrell, Mack, Scarborough, Whatley and Whipper: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE BISHOP ENGLAND HIGH SCHOOL GIRLS SOCCER TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON AND THEIR EXCITING 2002 CLASS AA-A STATE CHAMPIONSHIP WIN.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor of the House of Representatives to the members of the Bishop England High School Girls Soccer Team, their coaches, staff, and other school officials at a date and time to be determined by the Speaker, to congratulate them on their outstanding season and their exciting 2002 Class AA-A 2002 State Championship win.
The Resolution was adopted.
The following was introduced:
H. 5369 (Word version) -- Reps. Limehouse, Merrill, Altman, Breeland, R. Brown, Campsen, Chellis, Dantzler, Harrell, Mack, Scarborough, Whatley and Whipper: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE COACHES AND MEMBERS OF THE BISHOP ENGLAND HIGH SCHOOL GIRLS SOCCER TEAM OF CHARLESTON UPON WINNING THE CLASS AA-A STATE CHAMPIONSHIP TITLE SATURDAY, MAY 11, 2002, AND TO WISH THEM EVERY SUCCESS IN THEIR FUTURE ATHLETIC AND ACADEMIC ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5370 (Word version) -- Reps. Littlejohn and Townsend: A HOUSE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS AND DEDICATION OF MAYOR WILLIAM EDWARD WHITE TO THE CITY OF COWPENS IN SPARTANBURG COUNTY AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1308 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 85 IN CHEROKEE COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5371 (Word version) -- Reps. Taylor, Carnell, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, 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, 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, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO CELEBRATE THE MANY CONTRIBUTIONS OF REPRESENTATIVE DONNY WILDER TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF HIS RETIREMENT FROM SERVICE IN THE HOUSE OF REPRESENTATIVES, AND TO EXTEND BEST WISHES OF HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Whereas, Representative Donny Wilder of Clinton is retiring from the House of Representatives after the 2002 session; and
Whereas, Representative Wilder has dutifully and honorably served the State of South Carolina and Laurens, Newberry, Spartanburg, and Union counties consecutively since 1992; and
Whereas, born March 9, 1932, in Woodruff, Representative Wilder is the son, of the late Robert P. and Shadie Skinner Wilder; and
Whereas, he is a 1954 graduate of Furman University, and soon after graduation, he married Genie Elliott Marshall. They have one son Robert Perry II; and
Whereas, Representative Wilder's professional career has been in the media as the editor and publisher of The Clinton Chronicle for twenty years, publisher of The Whitmire News, and President of Laurens County Communications; and
Whereas, dedicated to his community, Representative Wilder has been involved in the South Carolina Press Association and the Interstate Cooperation Commission and was active in First Presbyterian Church of Clinton as a Deacon, Elder, and Clerk of the Session; and
Whereas, Representative Wilder has served on several boards including the Clinton YMCA Board of Directors, Presbyterian College Board of Visitors, and Board of Directors of the Piedmont Wilderness Institute; and
Whereas, under Governor Richard Riley, Representative Wilder served on the Economic Task Force and was appointed to the Legislative Study Committee on Alcohol and Drug Abuse, and he has served on the House Labor, Commerce and Industry Committee since 2001; and
Whereas, it is appropriate that the members of the House of Representatives pause in their deliberations to recognize Representative Donny Wilder upon his well-deserved retirement. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, celebrate the many contributions of Representative Donny Wilder to the State of South Carolina on the occasion of his retirement from service in the House of Representatives and extend best wishes of health and happiness in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Representative Donny Wilder of Clinton.
The Resolution was adopted.
The following was introduced:
H. 5372 (Word version) -- Reps. Sandifer, Allen, Allison, Altman, Askins, Bales, Barfield, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, 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, 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, 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 HOUSE RESOLUTION TO SALUTE AND EXPRESS GRATITUDE TO REPRESENTATIVE JAMES GRESHAM BARRETT OF WESTMINSTER, SOUTH CAROLINA, FOR HIS OUTSTANDING, DEDICATED SERVICE TO THE PEOPLE OF OCONEE COUNTY AND THE STATE OF SOUTH CAROLINA, AND TO WISH HIM GOOD HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.
Whereas, Representative James Gresham Barrett of Oconee County is retiring from his position as a member of the House of Representatives after faithfully serving since 1997; and
Whereas, James Barrett's contributions to the Labor, Commerce and Industry and Rules Committees will be sorely missed by the members of these committees and the entire House of Representatives; and
Whereas, Representative Barrett was born February 14, 1961, in Oconee to Charles G. and Del M. Barrett; and
Whereas, he graduated from The Citadel with a Bachelor's Degree in 1983, and married Natalie F. Finley August 25, 1984. They have three children, Madison, Jeb, and Ross; and
Whereas, Representative Barrett served in the military and was a Captain in the United States Army Field Artillery until he resigned his commission in 1987; and
Whereas, Representative Barrett has been a leader in his community, serving as SME (Sustaining Membership Enrollment) Chairman for the Oconee Boy Scouts, a board member of Kids Do Count and the American Red Cross; and
Whereas, he is also a member of the Westminster Rotary Club, Westminster Chamber of Commerce, and Westminster Baptist Church; and
Whereas, it is proper and fitting that the members of the House of Representatives pause in their deliberations to recognize and pay tribute to James Gresham Barrett of Westminster and his admirable tenure in the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, salute and express gratitude to Representative James Gresham Barrett of Westminster, South Carolina, for his outstanding, dedicated service to the people of Oconee County and the State of South Carolina, and wish him good health and happiness on the occasion of his retirement from the House of Representatives.
Be it further resolved that a copy of this resolution be forwarded to Representative James Gresham Barrett of Westminster, South Carolina.
The Resolution was adopted.
The following was introduced:
H. 5373 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, J. H. Neal, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, J. Brown, R. Brown, Campsen, Carnell, Cato, 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, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, 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, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A HOUSE RESOLUTION TO COMMEND AND THANK THE HONORABLE WILLIAM JEFFREY "JEFF" YOUNG OF SUMTER COUNTY FOR HIS YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, the fine citizens of Sumter and Clarendon Counties who compose House District 67 have wisely chosen Jeff Young to represent them for six years; and
Whereas, Representative Young is not seeking re-election to the House of Representatives in 2002; and
Whereas, Jeff Young is the beloved son of Mr. Kenneth R. and Mrs. Marion K. Young; and
Whereas, Jeff is happily married to the former Sharon Steele, and together they are the proud parents of four children, Betsy, Will, Robert, and Greyson; and
Whereas, Jeff Young is a 1977 graduate of The Citadel and a 1985 graduate of the University of South Carolina School of Law; and
Whereas, as a member of the House of Representatives, Jeff Young has distinguished himself on the prestigious House Judiciary Committee; and
Whereas, Representative Young is a twenty-five year veteran of the United States Air Force, and presently holds the rank of Lieutenant Colonel; and
Whereas, Jeff Young is a faithful member of First Presbyterian Church in Sumter, where, in 1994, he served as Moderator of the Board of Deacons, and has served as an Elder since 1995; and
Whereas, Jeff's colleagues in the House of Representatives will sorely miss his determined leadership and valuable insight into complex state issues; and
Whereas, we hope only for the best that life has to offer for our good friend and esteemed colleague in the future. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank the Honorable William Jeffrey "Jeff" Young of Sumter County for his years of outstanding service as a member of the House of Representatives and wish him well in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to our wonderful friend and distinguished colleague, Jeff Young.
The Resolution was adopted.
The following was introduced:
H. 5374 (Word version) -- Reps. M. Hines, Allen, Allison, Altman, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, 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, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE HARRY R. ASKINS FOR HIS EXEMPLARY SERVICE TO THE CITIZENS OF FLORENCE COUNTY AND THE PALMETTO STATE ON THE OCCASION OF HIS RETIREMENT AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Whereas, the members of the South Carolina House of Representatives have learned their colleague and good friend, Representative Harry R. Askins of Florence County, has announced his intention not to seek re-election in 2002; and
Whereas, Harry Askins first began his service in the House of Representatives in 1993 and has served continuously since this date; and
Whereas, he was born on November 21, 1946, in Florence and is the son of Harry Raymond and Annie Belle (Flowers) Askins; and
Whereas, he graduated from Clemson University with a B.S. degree in 1969 and from the University of South Carolina with a B.S. degree in 1994; and
Whereas, in all his endeavors he has been supported by his wife, Sharon, to whom he has been married thirty years. They are the proud parents of two children, Elliott and William; and
Whereas, Representative Askins has served the people of House District No. 61 and the State of South Carolina with diligence, expertise, and hard work while a member of the House; and
Whereas, we have valued his friendship and deeply regret that he has chosen not to seek re-election to the House in 2002; and
Whereas, the House of Representatives wants him to know that his excellent and dedicated public service has been appreciated and hopes that all of his future endeavors will bring him success and happiness. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby commend and thank the Honorable Harry R. Askins for his exemplary service to the citizens of Florence County and the Palmetto State on the occasion of his retirement as a member of the South Carolina House of Representatives.
Be it further resolved that a copy of this resolution be presented to the Honorable Harry R. Askins.
The Resolution was adopted.
The following was introduced:
H. 5375 (Word version) -- Reps. Trotter, Rice, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, 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, 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, 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, Vaughn, Walker, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HONORABLE BYRON K. "BUD" WEBB FOR HIS PROFOUND COMMITMENT AND PUBLIC SERVICE TO THE CITIZENS OF PICKENS COUNTY AND THE PALMETTO STATE ON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM PEACE AND GOOD HEALTH FOR MANY YEARS TO COME.
Whereas, the members of the South Carolina House of Representatives have recently learned their friend and colleague for the past six years, Byron K. "Bud" Webb of Pickens County, will not be seeking re-election to the House in 2002; and
Whereas, Bud Webb began his illustrious career in the House of Representatives in 1997 and has served continuously since that time; and
Whereas, Representative Webb was educated at Clemson University and North Carolina State receiving B.S., M.S., and Ph.D. degrees, respectively; and
Whereas, his professional contributions to his beloved alma mater, Clemson University, included Head of the Agricultural Engineering Department, and Dean and Director of the Cooperative Extension Service; and
Whereas, Dr. Webb has served with distinction on many state and national councils, commissions, and committees forging policy decisions which have been a blue print for agricultural engineers and extension services throughout our State and nation; and
Whereas, his contributions as a member of the House Education and Public Works Committee will be sorely missed by his fellow committee members and the entire membership of the House of Representatives; and
Whereas, Representative Webb's keen insight into the intricacies of higher education in this State will be felt almost immediately with his departure; and
Whereas, "Bud" Webb is best known for his legacy of love, devotion, and allegiance to Clemson University's academics, agricultural department, and athletic programs -- all of which have always been associated with the name "Bud" Webb; and
Whereas, the House of Representatives personally thanks "Bud" Webb for his gift of laughter, his honesty, and most importantly, his commitment to his family and friends. We appreciate the significant contributions you have made to this great State and rise today to say, "Farewell good friend". Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives extend their heartfelt appreciation to the Honorable Byron K. "Bud" Webb for his profound commitment and public service to the citizens of Pickens County and the Palmetto State on the occasion of his retirement from the House and wish him peace and good health for many years to come.
Be it further resolved that a copy of this resolution be presented to Representative Byron K. "Bud" Webb.
The Resolution was adopted.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, May 30, which was adopted:
S. 830 (Word version) -- Senators Giese, Hayes, Courson and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-65 SO AS TO PROVIDE THAT STATE AND LOCAL OFFICERS AND EMPLOYEES ARE ENTITLED TO CERTAIN PAID LEAVES OF ABSENCE IN ORDER TO BE AN ORGAN DONOR.
The following Bill was taken up:
S. 1096 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Reps. WITHERSPOON, OTT, FRYE and RHOAD proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\ 5456ZCW02), which was adopted:
Amend the bill, as and if amended, SECTION 12 in Section 50-11-140, page 4, line 1, by striking / and secured in a weapons case / and inserting / and locked in a vehicle /
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TALLEY, with unanimous consent, withdrew his request for debate on S. 873; however, other requests for debate remained on the Bill.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 410 (Word version) -- Senators Grooms, Bauer, Mescher, Holland, Ryberg, Ford, Wilson, Leatherman, J. V. Smith, Verdin, Hutto, Reese, Passailaigue, Leventis, Alexander, Gregory, McConnell, Waldrep, Giese, Martin, Drummond, Moore, Anderson, Land, McGill, Ritchie, Elliott, Glover, Pinckney, Hawkins, Branton and Fair: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS, BY ADDING SECTION 8-1-135 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER OF A POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF SECTION 3, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, IF HE HOLDS AN OFFICE IN ANOTHER POLITICAL SUBDIVISION.
Reps. SNOW and BALES, with unanimous consent, withdrew their requests for debate on S. 232; however, other requests for debate remained on the Bill.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, May 30, which was adopted:
S. 232 (Word version) -- Senator Elliott: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.
The following Bill was taken up:
S. 1249 (Word version) -- Senators Short and Fair: A BILL TO AMEND SECTION 20-7-1570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNSEL FOR A GUARDIAN AD LITEM, SO AS TO PROVIDE THAT COUNSEL MUST BE APPOINTED FOR A GUARDIAN AD LITEM WHO IS NOT AN ATTORNEY IN ANY CASE THAT IS CONTESTED; TO AMEND SECTION 20-7-1690, RELATING TO THE REIMBURSEMENT FOR FEES AND COSTS FOR THE CONSENT OR RELINQUISHMENT OF A CHILD FOR ADOPTION, SO AS TO PROVIDE THAT THE COURT MAY APPROVE AN ADOPTION WHILE NOT APPROVING UNREASONABLE FEES AND COSTS; TO AMEND SECTION 20-7-1700, RELATING TO FUTURE CHILD SUPPORT OBLIGATIONS AFTER THE CONSENT OR RELINQUISHMENT HAS BEEN GIVEN FOR AN ADOPTION, SO AS TO PROVIDE THAT THE GIVING OF CONSENT OR RELINQUISHMENT FOR AN ADOPTION RELIEVES A PERSON OF ALL RIGHTS AND OBLIGATIONS, INCLUDING FUTURE CHILD SUPPORT OBLIGATIONS; TO AMEND SECTION 20-7-1770, RELATING TO OPEN AND COOPERATIVE ADOPTIONS, SO AS TO PROVIDE THAT A FINAL ADOPTION DECREE IS NOT AFFECTED BY AN AGREEMENT ENTERED INTO BEFORE THE ADOPTION BETWEEN A CHILD'S ADOPTIVE AND BIOLOGICAL PARENTS CONCERNING VISITATION, EXCHANGE OF INFORMATION, OR OTHER INTERACTION BETWEEN THE CHILD AND ANY OTHER PERSON.
Rep. HARRISON explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barfield Battle Bingham Bowers Breeland Brown, G. Brown, J. Campsen Cato Chellis Clyburn Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Gilham Gourdine Harrell Harrison Hayes Hines, J. Hinson Hosey Jennings Keegan Kirsh Law Leach Littlejohn Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Perry Phillips Sandifer Scarborough Scott Sheheen Simrill Sinclair Smith, D.C. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 638 (Word version) -- Senator Reese: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS BY ADDING SECTION 53-3-150 SO AS TO PROVIDE THAT MARCH SIXTH OF EACH YEAR IS LYMPHEDEMA D-DAY IN SOUTH CAROLINA, AND TO ENCOURAGE SOUTH CAROLINIANS TO WEAR A BUTTERFLY ON LYMPHEDEMA D-DAY AS A SYMBOL OF CARING AND HOPE FOR THOSE LIVING AND COPING WITH LYMPHEDEMA AND THE DEBILITATING CONDITION ASSOCIATED WITH LYMPHEDEMA.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\AMEND\11735AC02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Chapter 39 of Title 44 is amended by adding:
Section 44-39-200. This article may be cited as the 'Diabetes Mellitus School Care Act'.
Section 44-39-210. For purposes of this article:
(1) 'Diabetes care provider' means a school employee trained in accordance with Section 44-39-220. While a school nurse is a preferred diabetes care provider, a diabetes care provider is not required to be a medical professional. When a school nurse is assigned to a particular school, he or she shall coordinate the provision of diabetes care at that school.
(2) 'School' means a primary, elementary, middle, or secondary public school located within this State.
(3) 'School employee' means a person employed by a public school district or a public special school or a person employed by a local health department who is assigned to a public school or a subcontractor designated for this function.
Section 44-39-220. (A) The Diabetes Initiative of South Carolina, working in cooperation with the South Carolina Board of Nursing, South Carolina Department of Health and Environmental Control, South Carolina Department of Education, and the South Carolina Office of the American Diabetes Association shall develop guidelines for the training of school employees as diabetes care providers. Training must be provided annually by a health care professional with expertise in diabetes and training guidelines must include instruction in:
(1) recognition and treatment of hypoglycemia and hyperglycemia;
(2) understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by student's physician's order or health care plan, or both;
(3) understanding physician instructions concerning drug dosage, frequency, and the manner of administration;
(4) performance of finger-stick blood glucose testing, ketone testing, and recording the results;
(5) administration of oral medications, glucagon, and insulin and the recording of results; and
(6) recommended schedules and food intake for meals and snacks, the effect of exercise upon blood glucose levels, and actions to be implemented in the case of schedule disruption.
(B) Each public school district shall provide or contract for the training provided for in subsection (A) to at least one school employee who must be designated as a diabetes care provider by the principal at each public school that does not employ a full-time registered nurse.
(C) Each public school shall develop a written protocol with procedures to be followed if a student diabetes emergency arises when neither a registered nurse nor a diabetes care provider is available.
Section 44-39-230. (A) In accordance with the written instructions of the physician of a student with diabetes, diabetes care providers shall perform functions including, but not limited to:
(1) administering glucagon in an emergency situation;
(2) assisting a student in administering insulin through the insulin delivery system the student uses;
(3) assisting a student in administering other oral diabetes medications;
(4) assisting a student in performing and recording blood glucose testing and ketone testing or assisting a student with such testing; and
(5) following instruction regarding meals, snacks, and physical education.
However, a diabetes care provider may only perform such functions if the student's parent or guardian has informed the school that the student has diabetes mellitus.
(B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes as set forth in subsection (A) during regular school hours.
(C)(1) A diabetes care provider is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220.
(2) Notwithstanding any other provision of law, a diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in subsection (A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-240. (A) Upon written request of the parent or guardian and authorization by the student's physician, a student with diabetes must be permitted to perform blood glucose tests, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of his or her diabetes in the classroom, in any area of the school or school grounds, and at any school-related activity and to possess on his or her person at all times all necessary supplies and equipment to perform these monitoring and treatment functions.
(B) A student's school choice shall in no way be restricted because the student has diabetes.
(C) A student with diabetes may not be denied access or prohibited from participating in school activities and programs including, but not limited to, school-sponsored before-school programs, after school care programs, field trips, and extracurricular activities.
(D) Each public school district shall develop a policy to implement the provisions of this article.
Section 44-39-250. (A) The South Carolina Department of Health and Environmental Control shall provide each private school in the State with a copy of this article and shall make the training materials developed in accordance with Section 44-39-220 available to private schools.
(B)(1) A diabetes care provider employed by a private school or a subcontractor designated for this function is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220.
(2) Notwithstanding any other provision of law, a diabetes care provider who received training comparable to the training provided for in Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-230(A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-260. All costs associated with implementing the provisions contained in this article must be borne by the State through an annual appropriation from the state general fund or through private funding. To the extent that a school district incurs any expenses that are not paid for by the State, the provisions in this article that apply to that school district are suspended."
B. Sections 44-39-10 through 44-39-50 of the 1976 Code are designated as Article 1, Chapter 39, Title 44 entitled "Diabetes Initiative of South Carolina" Chapter 39, Title 44 of the 1976 Code is renamed "Diabetes".
C. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code as added by this act, the training required to be provided pursuant to that section for school employees is not required to be implemented until one year after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BINGHAM explained the amendment.
Rep. W. D. SMITH moved to adjourn debate on the Bill until Thursday, May 30, which was agreed to.
The following Bill was taken up:
S. 977 (Word version) -- Senators Giese, J. V. Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11736AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Chapter 39 of Title 44 is amended by adding:
Section 44-39-200. This article may be cited as the 'Diabetes Mellitus School Care Act'.
Section 44-39-210. For purposes of this article:
(1) 'Diabetes care provider' means a school employee trained in accordance with Section 44-39-220. While a school nurse is a preferred diabetes care provider, a diabetes care provider is not required to be a medical professional. When a school nurse is assigned to a particular school, he or she shall coordinate the provision of diabetes care at that school.
(2) 'School' means a primary, elementary, middle, or secondary public school located within this State.
(3) 'School employee' means a person employed by a public school district or a public special school or a person employed by a local health department who is assigned to a public school or a subcontractor designated for this function.
Section 44-39-220. (A) The Diabetes Initiative of South Carolina, working in cooperation with the South Carolina Board of Nursing, South Carolina Department of Health and Environmental Control, South Carolina Department of Education, and the South Carolina Office of the American Diabetes Association shall develop guidelines for the training of school employees as diabetes care providers. Training must be provided annually by a health care professional with expertise in diabetes and training guidelines must include instruction in:
(1) recognition and treatment of hypoglycemia and hyperglycemia;
(2) understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by student's physician's order or health care plan, or both;
(3) understanding physician instructions concerning drug dosage, frequency, and the manner of administration;
(4) performance of finger-stick blood glucose testing, ketone testing, and recording the results;
(5) administration of oral medications, glucagon, and insulin and the recording of results; and
(6) recommended schedules and food intake for meals and snacks, the effect of exercise upon blood glucose levels, and actions to be implemented in the case of schedule disruption.
(B) Each public school district shall provide or contract for the training provided for in subsection (A) to at least one school employee who must be designated as a diabetes care provider by the principal at each public school that does not employ a full-time registered nurse.
(C) Each public school shall develop a written protocol with procedures to be followed if a student diabetes emergency arises when neither a registered nurse nor a diabetes care provider is available.
Section 44-39-230. (A) In accordance with the written instructions of the physician of a student with diabetes, diabetes care providers shall perform functions including, but not limited to:
(1) administering glucagon in an emergency situation;
(2) assisting a student in administering insulin through the insulin delivery system the student uses;
(3) assisting a student in administering other oral diabetes medications;
(4) assisting a student in performing and recording blood glucose testing and ketone testing or assisting a student with such testing; and
(5) following instruction regarding meals, snacks, and physical education.
However, a diabetes care provider may only perform such functions if the student's parent or guardian has informed the school that the student has diabetes mellitus.
(B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes as set forth in subsection (A) during regular school hours.
(C)(1) A diabetes care provider is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220.
(2) Notwithstanding any other provision of law, a diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in subsection (A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-240. (A) Upon written request of the parent or guardian and authorization by the student's physician, a student with diabetes must be permitted to perform blood glucose tests, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of his or her diabetes in the classroom, in any area of the school or school grounds, and at any school-related activity and to possess on his or her person at all times all necessary supplies and equipment to perform these monitoring and treatment functions.
(B) A student's school choice shall in no way be restricted because the student has diabetes.
(C) A student with diabetes may not be denied access or prohibited from participating in school activities and programs including, but not limited to, school-sponsored before-school programs, after school care programs, field trips, and extracurricular activities.
(D) Each public school district shall develop a policy to implement the provisions of this article.
Section 44-39-250. (A) The South Carolina Department of Health and Environmental Control shall provide each private school in the State with a copy of this article and shall make the training materials developed in accordance with Section 44-39-220 available to private schools.
(B)(1) A diabetes care provider employed by a private school or a subcontractor designated for this function is immune from civil and criminal liability if the care provider is acting within the scope of his authority as prescribed in this article and in accordance with the training standards and procedures as provided for in Section 44-39-220.
(2) Notwithstanding any other provision of law, a diabetes care provider who received training comparable to the training provided for in Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-230(A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-260. All costs associated with implementing the provisions contained in this article must be borne by the State through an annual appropriation from the state general fund or through private funding. To the extent that a school district incurs any expenses that are not paid for by the State, the provisions in this article that apply to that school district are suspended."
B. Sections 44-39-10 through 44-39-50 of the 1976 Code are designated as Article 1, Chapter 39, Title 44 entitled "Diabetes Initiative of South Carolina" Chapter 39, Title 44 of the 1976 Code is renamed "Diabetes".
C. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code as added by this act, the training required to be provided pursuant to that section for school employees is not required to be implemented until one year after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BINGHAM explained the amendment.
Rep. BINGHAM continued speaking.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11794AC02), which was adopted:
Amend the amendment offered by the Medical, Military, Public and Municipal Affairs Committee bearing doc name housedesk\council\ nbd\amend\11736AC02 by deleting the Section added by that amendment and inserting:
/SECTION _. A. Chapter 39 of Title 44 is amended by adding:
Section 44-39-200. This article may be cited as the 'Diabetes Mellitus School Care Act'.
Section 44-39-210. For purposes of this article:
(1) 'Diabetes care provider' means a school employee trained in accordance with Section 44-39-220. While a school nurse is a preferred diabetes care provider, a diabetes care provider is not required to be a medical professional. When a school nurse is assigned to a particular school, he or she shall coordinate the provision of diabetes care at that school.
(2) 'School' means a primary, elementary, middle, or secondary public school located within this State.
(3) 'School employee' means a person employed by a public school district or a public special school or a person employed by a local health department who is assigned to a public school or a subcontractor designated for this function.
Section 44-39-220. (A) The Diabetes Initiative of South Carolina, working in cooperation with the South Carolina Board of Nursing, South Carolina Department of Health and Environmental Control, South Carolina Department of Education, and the South Carolina Office of the American Diabetes Association shall develop guidelines for the training of school employees as diabetes care providers. Training must be provided annually by a health care professional with expertise in diabetes and training guidelines must include instruction in:
(1) recognition and treatment of hypoglycemia and hyperglycemia;
(2) understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by student's physician's order or health care plan, or both;
(3) understanding physician instructions concerning drug dosage, frequency, and the manner of administration;
(4) performance of finger-stick blood glucose testing, ketone testing, and recording the results;
(5) administration of oral medications, glucagon, and insulin and the recording of results; and
(6) recommended schedules and food intake for meals and snacks, the effect of exercise upon blood glucose levels, and actions to be implemented in the case of schedule disruption.
(B) Each public school district shall provide or contract for the training provided for in subsection (A) to at least two school employees who must be designated as a diabetes care provider by the principal at each public school that does not employ a full-time registered nurse. However, failure of a school employee to agree to be a diabetes care provider does not constitute insubordination.
(C) Each public school shall develop a written protocol with procedures to be followed if a student diabetes emergency arises when neither a registered nurse nor a diabetes care provider is available.
Section 44-39-230. (A) In accordance with the written instructions of the physician of a student with diabetes, diabetes care providers are authorized to perform functions including, but not limited to:
(1) administering glucagon in an emergency situation;
(2) assisting a student in administering insulin through the insulin delivery system the student uses;
(3) assisting a student in administering other oral diabetes medications;
(4) assisting a student in performing and recording blood glucose testing and ketone testing or assisting a student with such testing; and
(5) following written instructions regarding meals, snacks, and physical education.
However, a diabetes care provider may only perform these functions if the school has obtained the informed consent of a parent for the child to receive these services.
(B) Notwithstanding any other provision of law, a diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in subsection (A) is not engaging in the practice of nursing and is exempt from all applicable statutory and regulatory provisions that restrict activities that may be delegated to a person who is not a licensed medical professional.
Section 44-39-240. (A) Upon written request of the parent or guardian and authorization by the student's physician, a student with diabetes must be permitted to perform blood glucose tests, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of his or her diabetes in the classroom, in any area of the school or school grounds, and at any school-related activity and to possess on his or her person at all times all necessary supplies and equipment to perform these monitoring and treatment functions. However, if a student demonstrates an inability or unwillingness to perform these monitoring and treatment functions in a manner that is safe to the student, other student's, and staff, the principal may, after consultation with the student's parents or guardian and, where possible, the student's physician, designate a medically appropriate alternative site that is not disruptive to the classroom for the performance of these monitoring and treatment functions.
(B) A student's school choice, as may be authorized by law, may not be restricted due to the student having diabetes.
(C) A student may not be denied access or prohibited from participating in school activities and programs including, but not limited to, school-sponsored before-school programs, after-school programs after-school care programs, field trips, and extracurricular activities unless, based upon a statement from the student's physician, the student's diabetic condition is such that the activity or program may endanger the health or welfare of the student or of other students.
(D) Each public school district shall develop a policy to implement the provisions of this article.
Section 44-39-250. (A) The South Carolina Department of Health and Environmental Control shall provide each private school in the State with a copy of this article and shall make the training materials developed in accordance with Section 44-39-220 available to private schools.
(B)(1) A private school diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-220(A), anyone training a private school diabetes care provider as prescribed in this article, a private school employing a diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-220(A), or any other private school official acting within the scope of authority as prescribed in this article is acting within the scope of his or her official duties and is immune from civil and criminal liability.
(2) Notwithstanding any other provision of law, a private school diabetes care provider trained pursuant to Section 44-39-220 who is carrying out the functions enumerated in Section 44-39-220(A) is not performing nursing procedures, functions, or tasks and is not engaging in the practice of professional or practical nursing.
Section 44-39-260. All costs associated with implementing the training provisions contained in this article must be borne by the State Department of Education."
B. Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:
"( ) for the acts or omissions of a diabetes care provider, as defined in Section 44-39-210(1)."
C. Sections 44-39-10 through 44-39-50 of the 1976 Code are designated as Article 1, Chapter 39, Title 44 entitled "Diabetes Initiative of South Carolina" Chapter 39, Title 44 of the 1976 Code is renamed "Diabetes".
D. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code as added by this section, the training required to be provided pursuant to Section 44-39-220 for school employees is not required to be implemented until the 2003-2004 school year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11782AC02), which was adopted:
Amend the bill, as and if amended, Section 44-39-220(B), page 977-2, line 34 by deleting /registered/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. STILLE proposed the following Amendment No. 6 (Doc Name COUNCIL\PT\AMEND\1016DJC02), which was tabled:
Amend the bill, as and if amended, Section 44-39-230(A), page 977-3, by inserting at the end of line 12 before /./ the following:
/, and all appropriate procedures and remedies available under federal law, including but not limited to, Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act, have been followed and exhausted /
Renumber sections to conform.
Amend title to conform.
Rep. STILLE explained the amendment.
Rep. BINGHAM moved to table the amendment, which was agreed to by a division vote of 30 to 22.
Rep. EASTERDAY proposed the following Amendment No. 10 (Doc Name COUNCIL\PT\AMEND\1015DJC02), which was adopted:
Amend the bill, as and if amended, Section 44-39-230, page 977-3, line 20, by adding a new sentence at the end to read:
/ The South Carolina Attorney General's Office shall intervene and provide the legal defense in any lawsuit brought under the provisions of this act against a school district, school, or school employee. /
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The SPEAKER PRO TEMPORE granted Rep. LIMEHOUSE a leave of absence for the remainder of the day.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Bingham Breeland Brown, G. Brown, J. Carnell Cato Chellis Cobb-Hunter Cooper Cotty Davenport Easterday Edge Emory Fleming Freeman Govan Hamilton Harrison Haskins Hines, J. Hines, M. Hosey Howard Huggins Jennings Keegan Kelley Kennedy Leach Lee Littlejohn Lloyd Loftis Lourie Mack Martin McCraw McGee Meacham-Richardson Moody-Lawrence Neal, J.H. Owens Perry Phillips Rice Sandifer Scarborough Scott Sharpe Simrill Smith, J.E. Smith, J.R. Smith, W.D. Snow Taylor Thompson Townsend Tripp Trotter Vaughn Webb Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Battle Bowers Brown, R. Dantzler Delleney Frye Gilham Gourdine Harrell Hayes Hinson Kirsh Koon Law Lucas McLeod Miller Neal, J.M. Neilson Ott Rhoad Riser Sheheen Smith, D.C. Smith, G.M. Stille Stuart Talley Weeks
So, the Bill, as amended, was read the second time and ordered to third reading.
Had I been present I would have voted 'no' on S. 977.
Rep. Chip Limehouse
The following Bill was taken up:
S. 290 (Word version) -- Senator Bauer: A BILL TO AMEND ACT 789 OF 1952, AS AMENDED, RELATING TO THE CLINTON-NEWBERRY NATURAL GAS AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ENTER INTO FIRM GAS SALES, MAKE CONSISTENT CHANGES IN PROVISIONS TO ALLOW FIRM GAS SALES, AND CHANGE THE MANNER OF THE DISPOSITION OF NET REVENUES, SO THAT THEY ARE DIVIDED EQUALLY BETWEEN THE CITIES OF CLINTON AND NEWBERRY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name H-LCI\AMEND\290.HAT), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein:
/ SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, excluding the State Budget and Control Board for services provided as of this act's effective date, to the extent that state constitutional or statutory provisions of law authorize this activity.
Except for the Public Service Commission in regard to its duties and responsibilities under this article, nothing in this article shall be construed to recognize, broaden, or enlarge the authority or legal capacity of any agency or entity of the State or a political subdivision of this State to engage in such activity.
Section 58-9-2610. As used in this article:
(1) 'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this act's effective date.
The term 'Government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.
(2) 'Telecommunications service' for the purpose of this section is defined in Section 58-9-2200(1).
(3) 'Person' as defined in Section 58-9-10(4) includes a 'government-owned telecommunications service provider'.
Section 58-9-2620. (A) Notwithstanding any other provision of law, a government-owned telecommunications service provider shall:
(1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission;
(2) not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions, governmental subsidies of any type, or tax exempt financing;
(3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government;
(4) impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following:
(a) cost of capital component, including depreciation expense, that is the equivalent to the cost of capital available to nongovernment-owned telecommunications service providers in the same state or locality, and
(b) an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees.
(5) keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service;
(6) be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140; and
(7) The term 'public' means the public generally or any limited portion of the public, including a person or corporation. The term 'public' excludes governmental agencies or entities when they receive telecommunications service from the Budget and Control Board pursuant to its statutory authority or other legal requirements.
Section 58-9-2630. (A) A government-owned telecommuni-cations service provider shall pay or collect taxes each year in a manner equivalent to taxes paid by nongovernment-owned telecommunications service providers through payment of the following:
(1) all state taxes, including corporate income taxes, under Section 12-6-530 and utility license taxes under Section 12-20-100;
(2) all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way, franchise, consent, or administrative fees; and
(3) all property taxes on otherwise exempt real and personal property that are directly used in the provision of telecommunication services.
(B) A government-owned telecommunications service provider shall be required to compute, collect, and remit taxes in the same manner as a nongovernment-owned telecommunications service provider and shall be entitled to the same deductions.
(C) A government-owned telecommunications service provider shall remit to the Department of Revenue any local tax or fee that it imposes and would otherwise be entitled to retain, and the Department of Revenue shall deposit these monies into the general fund and have the same rights and responsibilities as the local government entity to collect, audit, or contest the amount of the taxes paid.
(D) The taxpayer confidentiality provisions contained in Title 12 shall not apply to government-owned telecommunications service providers.
Section 58-9-2650. The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for telecommunications operations. In order to have government-owned and nongovernment-owned telecommunications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned telecommunications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned telecommunications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference shall be remitted by the government-owned telecommunications service provider to the State Treasurer for deposit in the state general fund.
SECTION 2. Section 58-5-30 of the 1976 Code is amended to read:
"Section 58-5-30. Nothing Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality or regional transportation authority (as defined in Chapter 25 of this title) or their agencies."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, the holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\21432SD02), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ___. (A) Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(a) medicine and prosthetic devices sold by prescription, prescription medicines used in the treatment of renal disease, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples."
(B) This act takes effect January 1, 2004. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. CATO moved to table the amendment, which was agreed to by a division vote of 31 to 11.
Rep. STUART proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\AMEND\21427SD02), which was tabled:
Amend the bill, as and if amended, by striking Section 58-9-2600 of the 1976 Code, as contained on page 290-1 and inserting:
/Section 58-9-2600. This article regulates the provision of telecommunications service by an agency or entity of the State or a political subdivision of this State, if these activities are presently under the jurisdiction of the Public Service Commission. /
Amend further, as and if amended, by striking Section 58-9-2610 of the 1976 Code, which begins on page 290-1, and inserting:
/Section 58-9-2610. As used in this article:
(1) 'Government-owned telecommunications service provider' means a state or local political subdivision or person or entity providing telecommunications service to the public for hire, if such services are now regulated by the Public Service Commission, over a facility, operation, or system that is directly or indirectly owned by, operated by, or a financial benefit obtained by or derived from, an agency or entity of the State or any local government. 'Government owned telecommunications service provider' does not include the State Budget and Control Board for services provided as of this act's effective date.
The term 'Government-owned telecommunications service provider' does not include any state or local governmental entity or agency that obtains or derives financial benefit solely from leasing or renting, to any person or entity, property that is not, in and of itself, a facility used to provide telecommunications service.
(2) 'Person' as defined in Section 58-9-10(4) includes a 'government-owned telecommunications service provider'.
Amend further, as and if amended, by striking Section 58-9-2620(A)(1) of the 1976 Code, which begins on line 22, page 290-2, and inserting:
/ (1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to only to the extent the activities engaged in by government-owned telecommunications service providers are now regulated by the Public Service Commission; /
Amend further, as and if amended, by striking the last sentence of Section 58-9-2620(A)(6) of the 1976 Code which begins on line 24, page 290-3;
Amend further, as and if amended, by striking SECTION 2 in its entirety which begins on line 36, page 290-4.
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. LAW moved to table the amendment, which was agreed to.
Rep. STUART proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21421SD02), which was tabled:
Amend the bill, as and if amended, by adding a new Section 58-9-2655 immediately after Section 58-9-2650, page 290-4, to read:
/ Section 58-9-2655. The provisions of this article do not apply to any municipality which on the effective date of this article is engaged in the leasing of fiber optic cable to public and private sector customers. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. HOWARD moved that the House do now adjourn.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Clyburn Cobb-Hunter Harrison Hines, M. Hosey Howard Lloyd Mack Neal, J.H. Rhoad Sheheen Smith, F.N. Stuart Weeks Whipper
Those who voted in the negative are:
Allison Barfield Barrett Battle Bingham Brown, G. Brown, J. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Haskins Hines, J. Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Koon Law Leach Lee Littlejohn Lourie Lucas McCraw McGee McLeod Meacham-Richardson Miller Moody-Lawrence Neilson Ott Owens Perry Phillips Rice Riser Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Tripp Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to adjourn.
I would have voted 'no' to adjourn.
Rep. Chip Limehouse
Rep. SANDIFER moved to table the amendment, which was agreed to.
Rep. RICE proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\AMEND\1042DW02), which was adopted:
Amend the bill, as and if amended, by deleting Section 58-9-2630(C), page 290-4, Lines 11-17 and inserting:
/ (C) A government owned telecommunications service provider, as defined in Section 58-9-2610(1), shall remit to the general fund of the taxing authority which levies the tax an amount equivalent to any tax or fee a private sector telecommunications provider would be required to pay. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Battle Bingham Brown, G. Campsen Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Koon Law Leach Lee Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Perry Phillips Rhoad Rice Riser Sandifer Scarborough Scott Sharpe Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Stuart
So, the Bill, as amended, was read the second time and ordered to third reading.
Had I been present I would have voted 'yes' on S. 290.
Rep. Chip Limehouse
The following Bill was taken up:
S. 42 (Word version) -- Senators J. V. Smith, Giese, Reese and Branton: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 SO AS TO PLACE THE STATE ATHLETIC COMMISSION UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF VARIOUS ATHLETES AND ATHLETIC EVENTS; AND TO REPEAL CHAPTER 7, TITLE 52, RELATING TO THE STATE ATHLETIC COMMISSION AND TO COUNTY ATHLETIC COMMISSIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11737AC02), which was adopted:
Amend the bill, as and if amended, Section 40-81-20(1), page 2, line 6, by deleting /or showing/. So when amended Section 40-81-20(1) reads:
/ Section 40-81-20. For the purpose of this chapter:
(1) 'Admissions' means the amount paid for seats to witness an event or exhibition or any fee charged for presenting an event or exhibition including, but not limited to, complimentary tickets given in exchange for services. This term does not include admission for contestants, officials, representatives of the commission, and the media./
Amend the bill further, Section 40-81-20(26), page 4, line 10 by deleting /shows,/. So when amended Section 40-81-20(26) reads:
/ (26) 'Promoter' means a person, club, corporation, organization, or association which promotes, advertises, presents, conducts, holds, or gives a boxing, kick boxing, or wrestling event or exhibition in this State./
Amend the bill further, Section 40-81-50(A), page 5, line 29 by deleting /with the advise and consent of the Senate/. So when amended Section 40-81-50(A) reads:
/ (A) There is created the State Athletic Commission consisting of nine members appointed by the Governor to regulate boxing, kick boxing, wrestling, and other combative sports in this State whether in person or via closed circuit television. One member must be appointed from each congressional district of the State and one from the State at large. The Governor also shall appoint two physicians licensed and in good standing in the State. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kick boxing, or wrestling event or exhibition./
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Chapter 58, Title 40 of the 1976 Code is amended to read:
Registration Licensure of Mortgage Loan Brokers
Section 40-58-10. (A) This chapter may be cited as the Licensing Requirements Act of Certain Loan Brokers of Mortgages on Residential Real Property.
(B) No person, partnership, corporation, banking organization, or other organization shall broker a residential mortgage loan as defined in this chapter unless the broker of the mortgage loan:
(1) is an exempt person or organization as defined by Section 40-58-20(5); or
(2) has complied with the provisions of this chapter.
Section 40-58-20. As used in this chapter:
(1) 'Mortgage loan' means a loan to a natural person made primarily for personal, family, or household use primarily secured by a mortgage on residential real property.
(2) 'Residential real property' means real property located in this State upon which there is located or there is to be located one or more single family, owner-occupied dwellings or dwelling units.
(3) 'Mortgage loan broker' means a person or organization in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others. Mortgage loan broker also includes a person or organization who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).
(4) 'Soliciting, processing, placing, or negotiating a mortgage loan' means for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party.
(5) 'Exempt person or organization' means:
(a) a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 34 and their affiliates and subsidiaries, a Department of Housing and Urban Development or Federal Housing Administration approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them; or persons or organizations which sell or place all of their conventional mortgage loans on real property with federally insured and/or regulated financial institutions including, but not limited to, banks, savings and loan associations, and credit unions.
(b) an attorney at law licensed to practice law in South Carolina who is not engaged principally in negotiating mortgage loans when the attorney renders services in the course of his practice as an attorney at law;
(c) a person employed by an organization defined in subitem (a) of this item;
(d) title company which is qualified to issue title insurance, directly or through its agents.
(6) 'Licensee' means a person or organization who is licensed pursuant to Section 40-58-50 which engages in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others.
(7) 'Administrator' means the Administrator of the Department of Consumer Affairs of this State.
(8) 'RESPA' means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., as amended.
(9) 'Recasting' means a promise for an individual to recoup a home sold to a third party with the intent of the original seller to rent back the property for a specific time at which the original seller will have the option to purchase the property back at a specific price. The specific period of time would normally be one year.
(10) 'HUD' means the Department of Housing and Urban Development.
(11) 'Department' means the South Carolina Department of Consumer Affairs.
(12) 'Regular business hours' means open for business not less than thirty hours a week, Monday through Friday.
(13) 'Satellite office' means a location at which a mortgage broker may conduct mortgage loan broker business other than at a location that is open for regular business hours and is not required to be staffed full-time by one or more employees who have the authority to contract on behalf of the broker and to accept service on behalf of the broker.
(14) 'Originator' means an employee of a mortgage loan broker whose primary job responsibilities include direct contact with and informing loan applicants of the rates, terms, disclosure, and other aspects of the mortgage. It does not mean an employee whose primary job responsibilities are clerical in nature, such as processing the loan.
Section 40-58-30. (A) No mortgage loan broker, as defined in Section 40-58-20(3), may engage in the business of processing, placing, or negotiating a mortgage loan or offering to process, place, or negotiate a mortgage loan in this State without first being licensed with the administrator.
(B) Notwithstanding subsection (A) of this section, the provisions of this chapter do not apply to an exempt person or organization as defined in Section 40-58-20(5).
Section 40-58-40. No person or organization may offer or agree to offer loan brokerage services in this State without first depositing and continuously maintaining the amount of ten thousand dollars in cash or securities approved by the administrator or a bond in the amount of ten thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker.
Section 40-58-50. (A) An application to become licensed as a mortgage loan broker must be in writing, under oath, and in a form prescribed by the department. The application must contain the name and complete business and residential address or addresses of the applicant or, if the applicant is a partnership, association, limited liability company, corporation, or other form of business organization, the names and complete business and residential addresses of each member, director, and principal officer and a list of all employees who engage in direct loan brokerage activity.
(B) The application must include an affirmation of financial solvency noting bonding requirements required by the department and the descriptions of the business activities, financial responsibility, educational background, and general character and fitness of the applicant as required by this chapter. The application must be accompanied by a fee, payable to the department, of five hundred fifty dollars.
(C) An applicant must have at least two years' experience working as an originator under the supervision of a mortgage loan broker before his initial license is issued.
(1) In lieu of a showing of two years' experience, an applicant may show proof of two years' employment with a federally insured depository institution, or a VA, FHA, or HUD approved mortgagee during which the applicant was actively engaged in originating residential mortgage loans.
(2) In lieu of one of the required years' experience, an applicant may show proof of the equivalent of six or more semester hours of satisfactorily completed course work in real estate finance, real estate law, or the like counting toward the successful completion of a degree that is baccalaureate level or more advanced with a major or minor in finance, accounting, business administration, real estate finance economics, or similar baccalaureate or more advanced degree approved by the administrator or the administrator's designee from an accredited college or university.
(3) However, all mortgage loan brokers properly licensed as a mortgage loan broker before October 1, 1998, may act as mortgage loan brokers after that date without regard to the experience or education requirement of this subsection if they maintain compliance with the continuing professional education requirements of Section 40-58-67 and otherwise comply with this chapter.
Section 40-58-55. The department may refuse to license an applicant or refuse to renew a license if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant or his agent has:
(1) violated a provision of this chapter or an order of the department;
(2) withheld material information in connection with an application for a license or its renewal, or made a material misstatement in connection with the application;
(3) been convicted of a felony or of an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past ten years. Any person who is in business as a mortgage loan broker or is an agent of a broker before October 1, 1998, and who has been convicted of a felony or an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past ten years may continue in business as a mortgage loan broker or agent, but if a mortgage loan broker or an agent of a broker is convicted of the above-referenced offenses on or after October 1, 1998, that person shall be subject to the provisions of this chapter.
Section 40-58-60. (A) Upon the filing of an application for a license, if the department finds that the financial responsibility, experience, character, and general fitness of the applicant, and of the members if the applicant is a copartnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and efficiently according to the purposes of this chapter, it shall license the applicant as a mortgage loan broker and issue a license. If the department does not so find, it shall refuse to license the applicant and shall notify him of the denial.
(B) Upon the receipt of the license, a mortgage loan broker is authorized to engage in the business for which the license was issued.
(C) Each license issued to a licensee must state the address or addresses at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A copy of the license must be posted prominently in each place of business of the licensee. The license is not transferable or assignable.
Section 40-58-65. (A) A person licensed pursuant to this chapter must maintain at his usual place of business books, records, and documents pertaining to the business conducted, to enable the department to determine compliance with this chapter. A licensee with two or more licensed offices may consolidate the records at any one of the licensed offices. The records must be available for examination to the administrator or his designee upon request. Books and records must be maintained for at least three years.
(B) A mortgage broker doing business in this State shall maintain a sufficient physical presence in this State and his records must be maintained at the licensed location in this State. At a minimum, the broker shall maintain an official place of business open during regular business hours, staffed by one or more employees who have the authority to contract on behalf of the broker and to accept service on behalf of the broker. If the official place of business is not open for business within the hours of 8:30 A.M. until 5:00 P.M., Monday through Friday, the broker shall notify the department in writing of the business hours maintained by the broker's official place of business.
(C) A licensed mortgage loan broker with an official place of business within South Carolina also may maintain one or more satellite offices provided that the:
(1) mortgage loan broker notifies the department in writing ten days before the opening of a satellite office of the location of the satellite office and notifies the department that all records from the satellite office are stored in a main or branch location in this State which is staffed by one or more employees during regular business hours;
(2) records of any pending mortgage loan application or records in which a loan closing is still in process are made available at the mortgage loan broker's main or branch location as provided in item (1) to the administrator or his designee within two business days of a written request delivered by facsimile transmission, mail, or hand-delivery by the administrator or his designee;
(3) broker notifies the department in writing within two business days of closing a satellite office.
(D) The department, at its discretion, may examine the books and records of a licensee and other specified documents to determine whether there has been substantial compliance with this chapter. Unless there is reason to believe a violation of this chapter has occurred, examinations must be limited to one each year. Records and information obtained by the department during an examination are confidential and the department must certify that it is in compliance with the Right to Financial Privacy Act (RFPA).
(E) If the mortgage loan broker fails to notify the department of the existence or closing of a satellite office, the actual operating hours of the main or branch offices where records are kept, or the whereabouts of its records, the broker is subject to a penalty of not less than fifty dollars and not more than two hundred fifty dollars. If after the assessment of such a fine within a one-year period, the administrator finds that additional violations of this section are both intentional and repeated, the mortgage loan broker is subject to all of the remedies for violations of this chapter set forth in Section 40-58-80.
Section 40-58-67. Effective for license years beginning after September 30, 1998, all licensed mortgage loan brokers must complete at least eight hours of continuing professional education annually. If the licensed mortgage loan broker is a sole proprietorship or partnership, any owners and partners must complete the required eight hours of continuing professional education annually. If the licensed mortgage loan broker is a limited liability company or corporation, any member or president, chief executive officer, or other officer who has ownership interest of twenty-five percent or greater and who actively participates in the broker entity must complete the required eight hours of continuing professional education annually. Up to eight hours of continuing professional education may be carried forward from one year to the next year; for the license year beginning October 1, 1998, up to eight hours of continuing professional education taken in the preceding twelve months may be carried forward. The continuing professional education completed must be reported to the department annually on a form approved by it showing the date and title of the courses taken, the teacher or sponsor of the course taken, and the hours of continuing professional education claimed for the course. If the course is taught in a classroom setting, fifty minutes of classroom contact shall equal one hour of continuing professional education. Course sponsors must maintain records of attendees for two years after the course. As used in this chapter, 'actively participates' means engaging in direct loan brokering activity as defined in Section 40-58-20(3) and (4).
Documentation of attendance at the courses or correspondence courses completed must be maintained by the mortgage loan broker and shall consist of a certificate of completion issued by the teacher or sponsor of the course showing the recommended number of hours of continuing professional education. This documentation is subject to inspection by the department for up to two years after the date of the course. Courses offered by the National Association of Mortgage Brokers, the South Carolina Mortgage Brokers Association, the department or courses related to real estate law or related law topics, appraisals, mortgage lending, financial management, financial planning, or mortgage processing are considered to qualify for continuing professional education. The department shall offer continuing professional education courses to assist mortgage loan brokers in obtaining the continuing professional education required by this chapter.
The department shall appoint two mortgage loan brokers and one representative of the department to a panel for two-year terms to approve any courses questioned as to their qualifications as continuing professional education. The panel may conduct its meetings via conference call. The department shall develop a questionnaire to ascertain the interest and background of potential members of this panel.
If a mortgage loan broker fails to complete his continuing professional education in a timely manner, his license shall expire and the licensee shall pay a penalty not in excess of one hundred dollars in order to renew the license.
However, the mortgage loan broker may request an administrative hearing to appeal the expiration of his license for failure to complete continuing professional education requirements. A license may be renewed without penalty within thirty days after the expiration if the broker completes his professional education requirements.
Section 40-58-70. Mortgage loan brokers may not:
(1) misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or a mortgagor to take a mortgage loan. This includes presenting the broker in the guise of a lender or pursuing a course of misrepresentation through agents or otherwise;
(2) intentionally misrepresent or conceal a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor;
(3) engage in a transaction, practice, or course of business which is unconscionable in light of the regular practices of a mortgage loan broker, or which operates a fraud upon a person, in connection with the making of or purchase or sale of a mortgage loan;
(4) fail to use due diligence and make reasonable efforts to procure a loan on behalf of a borrower;
(5) collect any third party fees before a conditional loan commitment is obtained by the mortgage broker with the exception of normal processing expenses associated with the making of mortgage loans as authorized or allowed by FNMA, FHLMC, FHA, VA, or any additional fees authorized or allowed by the department;
(6) engage in recasting unless the applicant obtains the advice and counsel of a licensed attorney who is independent to the transaction. No party to a transaction, other than the consumer, may recommend, retain, or influence the selection of independent counsel. An applicant for recasting shall provide to the broker a document identifying the applicant, provide a brief summary of the proposed transaction, and a written statement from an attorney certifying that the applicant has been advised of the potential consequences of recasting.
Section 40-58-75. (A) Within three business days of the receipt of an application for a loan, the broker must disclose in a statement the total estimated charges to the borrower for the loan and an itemization of the charges provided if required under RESPA. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery.
(B) No person may earn a mortgage broker's fee unless the person meets the requirements of this chapter, is authorized to conduct mortgage brokerage services by this chapter, or is exempt from the requirements of this chapter.
(C) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by RESPA.
Section 40-58-80. (A) Upon the finding that an action of a mortgage loan broker may be in violation of this chapter, or of a law or regulation of this State or of the federal government or an agency of them, the department, after reasonable notice to the mortgage loan broker and an opportunity for the mortgage loan broker to be heard, shall order it to cease and desist from the action.
(B) If the mortgage loan broker fails to appeal the cease and desist order of the department in accordance with Section 40-58-90 and continues to engage in the action in violation of the department's order, he is subject to a penalty of not less than one thousand nor more than two thousand five hundred dollars, in the discretion of the department, for each action he takes in violation of the department's order. The penalty provision of this section is in addition to and not instead of other provisions of law applicable to a mortgage loan broker for the mortgage loan broker's failure to comply with an order of the department.
(C) The department, upon the finding that a mortgage loan broker has engaged intentionally or repeatedly in a course of conduct in violation of this chapter, may revoke the license of the mortgage loan broker temporarily or permanently in its discretion after reasonable notice to the broker and an opportunity for the broker to be heard and may increase the required bond up to a maximum of twenty-five thousand dollars to ensure that the public is protected adequately. The department also may impose upon persons violating the provisions of this chapter administrative fines of not more than five hundred dollars for each offense or not more than five thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. The department, if it determines that the required bond must be increased, shall state in writing the reasons for the increase and immediately serve it upon the mortgage loan broker. The mortgage loan broker shall provide the new bond within thirty days or the department shall revoke the license of the mortgage loan broker.
(D) A person who violates a provision of this chapter is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(E) Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law.
(F) The administrator of the department may suspend the right of an individual to engage in mortgage loan broker activity after finding that an employee of a licensed mortgage loan broker has failed to comply with a provision of this chapter.
Section 40-58-90. An aggrieved party, within thirty days after the final decision of the department and by written notice to the department, may appeal to the circuit court of the county where the appellant resides as provided by Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 40-58-100. The department may promulgate regulations necessary to effectuate the purposes of this chapter.
Section 40-58-110. (A) In addition to the initial license application fee of five hundred fifty dollars required by Section 40-58-50, first time licensees also shall pay a one-time, nonrefundable processing fee of two hundred dollars. Thereafter, a licensee shall pay an annual renewal fee of five hundred fifty dollars. A licensee shall pay an initial fee of one hundred fifty dollars and, thereafter, a renewal fee of one hundred fifty dollars for each satellite location. The broker shall notify the department in writing ten days before opening a new, official branch or satellite location. No initial fee is required when the licensee notifies the department of a change in address for an official branch or satellite location.
(B) The term of each license is one year. Licenses issued under this chapter expire on September thirtieth each year and must be renewed in accordance with the provisions of this section.
(C) Failure to renew a license within thirty days of its expiration results in the license being canceled by the department. A license may be renewed after the thirty-day grace period provided the renewal is accompanied by a late penalty of two hundred fifty dollars in addition to the five hundred fifty dollar license renewal fee. All renewable applications must contain information required by the department. All fees collected by the department pursuant to this chapter must be used to implement the provisions of this chapter.
Section 40-58-2. This chapter may be cited as the 'Licensing Requirements Act of Certain Loan Brokers of Mortgages on Residential Real Property'.
Section 40-58-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to mortgage loan brokers. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-58-10. There is created the South Carolina Mortgage Loan Brokers Board under the administration of the Department of Labor, Licensing and Regulation.
The board consists of four mortgage loan brokers, each of whom must have five years or more experience and hold a valid license issued under this chapter, one realtor who is a real estate broker or real estate appraiser, one representative of a financial institution, and one member of the public. No member may have an ownership interest in any business entity that provides or procures continuing professional education courses, programs, or seminars for mortgage loan brokers. All members must be appointed by the Governor. Nominations for the appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years with no more than two consecutive terms and until a successor has been appointed and qualifies. A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment.
The Governor may remove a member of the board in accordance with Section 1-3-240.
Section 40-58-20. As used in this chapter:
(1) 'Director' means the Director of the Department of Labor, Licensing and Regulation or the director's designee.
(2) 'Department' means the South Carolina Department of Labor, Licensing and Regulation.
(3) 'FHA' means the Federal Housing Administration.
(4) 'HUD' means the Department of Housing and Urban Development.
(5) 'Licensee' means an individual licensed pursuant to this chapter engaging in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others and who has final loan decision authority.
(6) 'Mortgage loan' means a loan to a natural person made primarily for personal, family, or household use primarily secured by a mortgage on residential real property.
(7) 'Mortgage loan broker' or 'broker' means an individual in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others and who has final loan decision authority. 'Mortgage loan broker' also includes an individual who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).
(8) 'Mortgage loan brokerage office' means a firm, partnership, association, corporation, or other form of business registered by the department for the purpose of soliciting, processing, placing, or negotiating mortgage loans and that is staffed by at least one licensed mortgage loan broker.
(9) 'Originator' means an employee of a mortgage loan broker whose primary job responsibilities include direct contact with and informing loan applicants of the rates, terms, disclosure, and other aspects of the mortgage. It does not mean an employee whose primary job responsibilities are clerical in nature, such as processing the loan.
(10) 'Recasting' means a promise for an individual to recoup a home sold to a third party with the intent of the original seller to rent back the property for a specific time at which the original seller will have the option to purchase the property back at a specific price. The specific period of time would normally be one year.
(11) 'Residential real property' means real property located in this State upon which there is located or there is to be located one or more single family, owner-occupied dwellings or dwelling units.
(12) 'RESPA' means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., as amended.
(13) 'Satellite office' means a location at which a mortgage broker may conduct mortgage loan broker business other than at a location that is open for regular business hours and is not required to be staffed full time.
(14) 'Soliciting, processing, placing, or negotiating a mortgage loan' means for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party.
(15) 'VA' means the Veteran's Administration.
Section 40-58-30. (A) No individual may act as a mortgage loan broker engaging in the business of soliciting, processing, placing, or negotiating a mortgage loan in this State without first being licensed pursuant to this chapter.
(B) Notwithstanding subsection (A), this chapter does not apply to:
(1) a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 34 and their affiliates and subsidiaries, a HUD or FHA approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them; or persons or organizations which sell or place all of their conventional mortgage loans on real property with federally insured or regulated financial institutions including, but not limited to, banks, savings and loan associations, and credit unions;
(2) a person employed by an organization set forth in item (1); a title company which is qualified to issue title insurance, directly or through its agents;
(3) an attorney at law licensed to practice law in South Carolina who is not engaged principally in negotiating mortgage loans when the attorney renders services in the course of his practice as an attorney at law;
(4) an individual employed by and solely responsible to a licensed mortgage loan broker and who prepares supporting documentation and performs ministerial functions pursuant to specific instructions of the licensee but who may not exercise independent discretion or judgment regarding a final loan decision or hold himself out to the public as a mortgage loan broker.
Section 40-58-50. (A) In addition to an initial license application fee of twenty-five dollars, the applicant shall pay a license fee not to exceed eight hundred dollars biennially.
(B) The fee required to register each mortgage loan brokerage office or satellite office is fifty dollars biennially.
(C) Application, license, and registration fees are payable to the department in advance and must accompany a license application. Application fees are nonrefundable.
Section 40-58-60. (A) The board annually shall elect from among its members a chairman, vice-chairman, and other officers as the board determines necessary. The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
(B) The board shall meet upon the call of the chairman or the department.
(C) Four members of the board constitute a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.
(D) Any business conducted by the board must be by a positive majority vote. For purposes of this subsection, 'positive majority vote' means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
Section 40-58-70. (A) The board shall:
(1) advise the department on matters relating to the regulation and issuance of licenses to mortgage loan brokers and on policies necessary to carry out this chapter;
(2) hear disciplinary actions against licensees as authorized under this chapter and may impose penalties and sanctions pursuant to this chapter.
(B) The board has only those powers and duties provided for in this section and as is otherwise specifically set forth in this chapter.
Section 40-58-80. For the purpose of conducting an investigation or proceeding under this chapter, the department may subpoena witnesses, take evidence, and require the production of any documents or records which is considered relevant to the inquiry.
Section 40-58-90. (A) If, from the results of an investigation by the department, it appears that a violation has occurred or that a licensee has become unfit to practice as a mortgage loan broker, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
(B) For the purpose of a proceeding under this chapter, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the department may apply to an administrative law judge for an order requiring the individual to comply with the subpoena.
Section 40-58-100. (A) When the department has reason to believe that a mortgage loan broker is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, in addition to all other remedies, it may order the broker immediately to cease and desist from engaging in the conduct. If the individual is practicing as a mortgage loan broker without being licensed under this chapter, is violating a board or department order, a provision of this chapter, or a regulation promulgated under this chapter, the department also may apply, in accordance with the rules of the Administrative Law Judge Division, to an administrative law judge for a cease and desist order.
(B) If the mortgage loan broker fails to appeal the cease and desist order of the department and continues to engage in the action in violation of the department's order, the broker is subject to a penalty to be imposed by the department of not less than one thousand dollars and not more than two thousand, five hundred dollars for each action taken in violation of the department's order. This penalty is in addition to other provisions of law applicable to a mortgage loan broker for the broker's failure to comply with an order of the department.
(C) The department may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter.
(D) The director, an employee of the department, or a member of the board may not be held liable for damages resulting from a wrongful cease and desist order.
Section 40-58-110. (A) In addition to grounds for disciplinary action as set forth in Section 40-1-110 and in accordance with Section 40-58-120, the board may take disciplinary action against a licensee who:
(1) violates federal or state laws relating to practicing as a mortgage loan broker;
(2) violates a provision of this chapter or an order issued under this chapter or a regulation promulgated under this chapter;
(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license;
(4) aids or abets a person who is not a licensed mortgage loan broker in illegally practicing as a mortgage loan broker within this State;
(5) participates in the fraudulent procurement or renewal of a license for himself or another person or allows another person to use his license;
(6) commits fraud or deceit in practicing as a mortgage loan broker including, but not limited to:
(a) using or promoting or causing the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand insignia, or representation;
(b) wilfully making or filing a false report or record in practicing as a mortgage loan broker or in satisfying requirements of this chapter;
(c) submitting a false statement to collect a fee or obtaining a fee through fraud or misrepresentation;
(7) commits an act of dishonest, immoral, or unprofessional conduct while practicing as a mortgage loan broker including, but not limited to:
(a) engaging in illegal, incompetent, or negligent practice of a mortgage loan broker;
(b) providing professional services while mentally incompetent or under the influence of alcohol or drugs;
(8) is convicted of or pleads guilty or nolo contendere to a felony, a crime of moral turpitude, fraud, breach of trust, or violation of a federal, state, or local drug law;
(9) fails to report to the department, in writing by certified mail within ten days, a conviction, guilty plea, or plea of nolo contendere to any offense enumerated in this subsection;
(10) is disciplined by a licensing or disciplinary authority of another state, country, or nationally recognized professional organization or convicted of or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(11) violates the code of ethics promulgated in regulation by the department;
(12) misrepresents material facts or makes false promises likely to influence, persuade, or induce an applicant for a mortgage loan or a mortgagor to take a mortgage loan, including presenting the broker in the guise of a lender or pursuing a course of misrepresentation through agents or otherwise;
(13) intentionally misrepresents or conceals a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor;
(14) engages in a transaction, practice, or course of business which is unconscionable in light of the regular practices of a mortgage loan broker, or which perpetrates a fraud upon a person, in connection with the making of or purchase or sale of a mortgage loan;
(15) fails to use due diligence or make reasonable efforts to procure a loan on behalf of a borrower;
(16) collects any third party fees before a conditional loan commitment is obtained by the mortgage broker with the exception of normal processing expenses associated with the making of mortgage loans as authorized or allowed by the Federal National Mortgage Association, Federal Home Loan Mortgage Commission, or any additional fees authorized or allowed by the department;
(17) engages in recasting unless the applicant obtains the advice and counsel of a licensed attorney who is independent to the transaction. No party to a transaction, other than the consumer, may recommend, retain, or influence the selection of independent counsel. An applicant for recasting shall provide to the broker a document identifying the applicant, a brief summary of the proposed transaction, and a written statement from an attorney certifying that the applicant has been advised of the potential consequences of recasting.
(B) The board may suspend the right of an individual to engage in mortgage loan broker activity after finding that an employee of a licensed mortgage loan broker has failed to comply with a provision of this chapter.
Section 40-58-115. The department and the board, as applicable, have jurisdiction over the actions of licensees and former licensees as provided to boards in Section 40-1-115.
Section 40-58-120. Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions provided for in Section 40-1-110 and Section 40-1-120 including imposing a fine of not more than one thousand dollars for each violation.
Section 40-58-130. The department may deny licensure or license renewal to an applicant who has committed an act that would be grounds for disciplinary action under this chapter or Section 40-1-110. The department must deny a license to an applicant who has failed to demonstrate the qualifications and standards for licensure contained in this chapter.
Section 40-58-140. The department may refuse to license an applicant or refuse to renew a license if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant has:
(1) violated a provision of this chapter or an order of the department;
(2) withheld material information in connection with an application for a license or its renewal or made a material misstatement in connection with the application;
(3) been convicted of a felony or pled nolo contendere to an offense involving breach of trust, theft, fraud, or dishonest dealing within the past ten years. Any person who is in business as a mortgage loan broker or is an agent of a broker before October 1, 1998, and who has been convicted of a felony or an offense involving breach of trust, theft, fraud, or dishonest dealing within the past ten years may continue in business as a mortgage loan broker or agent, but if a mortgage loan broker or an agent of a broker is convicted of the above-referenced offenses on or after October 1, 1998, that person shall be subject to the provisions of this chapter.
Section 40-58-150. A licensee who is under investigation for a violation of this chapter or Section 40-1-110 may voluntarily surrender to the department his license to practice. The voluntary surrender invalidates the authorization to practice at the time of its relinquishment, and no individual whose authorization to practice is surrendered voluntarily may practice unless the department reinstates the license. An individual practicing as a mortgage loan broker during the period of voluntary surrender is considered engaging in unlawful practice and is subject to the penalties provided for in this chapter. The surrender of a license may not be considered an admission of guilt in a proceeding under this chapter and does not preclude the board from taking disciplinary action against the licensee as provided for in this chapter including, but not limited to, imposing conditions that must be met before the department reinstates the license.
Section 40-58-160. An individual aggrieved by an action of the department or the board may appeal the decision to an administrative law judge in accordance with Article 3, Chapter 23, Title 1, Administrative Procedures Act. Notice of appeal does not stay a decision of the department or the board pending completion of the appellate process.
Section 40-58-170. An individual found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-58-180. (A) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the board or department, as the case may be. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the department may collect costs and attorneys' fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in the general fund of the State.
Section 40-58-190. Communications made in connection with an investigation or hearing relevant to a complaint against a licensee are privileged as provided for in Section 40-1-190.
Section 40-58-200. An individual who practices or offers to practice as a mortgage loan broker in this State in violation of this chapter or a regulation promulgated under this chapter or who violates any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
Section 40-58-210. In addition to initiating a criminal proceeding for a violation of this chapter, the department may seek injunctive relief pursuant to Section 40-1-210.
Section 40-58-215. No person or organization may offer or agree to offer loan brokerage services in this State without first depositing and continuously maintaining the amount of ten thousand dollars in cash or securities approved by the director or a bond in the amount of ten thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker.
Section 40-58-220. (A) An application to become licensed as a mortgage loan broker must be complete, in writing, under oath, and in a form prescribed by the department. The application must be accompanied by the appropriate fee.
(B) An applicant must have at least two years of verifiable experience working as an originator under the supervision of a mortgage loan broker before his initial license is issued. In lieu of two years of experience, an applicant may submit proof of two years of employment with a federally insured depository institution, financial institution, or a VA, FHA, or HUD approved mortgagee during which the applicant was actively engaged in originating residential mortgage loans.
In lieu of one of the required years of experience, an applicant may submit proof of the equivalent of six or more semester hours of satisfactorily completed course work in real estate finance, real estate law, or related courses toward a baccalaureate or advanced degree with a major or minor in finance, accounting, business administration, real estate finance economics, or a similar degree from an accredited college or university approved by the department.
(C) The term of each license is two years. Licenses issued under this chapter expire on September thirtieth and must be renewed by the licensee whether or not notice is received. A license which has not been renewed by its date of expiration is lapsed and may be reinstated within six months following expiration upon payment of the license renewal fee and a reinstatement penalty of twenty-five dollars a month for each month or part of a month.
(D) A license which has lapsed and has not been reinstated by the last day of the sixth month following expiration is canceled as of that day.
(E) A license issued under this chapter is nontransferable.
Section 40-58-230. (A) A mortgage loan broker must maintain books, records, and documents pertaining to the broker's business which may be consolidated at any one of the broker's offices. These books, records, and documents must be available for examination by the director upon request, and must be maintained for three years.
(B) A mortgage loan broker shall maintain a place of business in this State open at least thirty hours a week, Monday through Friday, staffed by one or more employees.
(C) A mortgage loan broker may maintain one or more satellite offices and shall notify the department in writing, ten days before opening a satellite office. The broker shall maintain closed records from the satellite office in an office staffed in accordance with subsection (B). Records of any pending mortgage loan application or records in which a loan closing is still in process at a satellite must be made available to the director within two business days of a written request delivered by facsimile transmission, mail, or hand-delivery by the director. The broker shall notify the department in writing within two business days of closing a satellite office.
(D) If a person files a written complaint with the board or the director charging a broker with a violation of this chapter, the director must examine the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter. The director may examine the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter. Unless there is reason to believe a violation of this chapter has occurred, such examinations must be limited to one each year. Records and information obtained by the department during an examination are confidential, and the department must certify that it is in compliance with the Right to Financial Privacy Act.
(E) If the mortgage loan broker fails to notify the department of the existence or closing of a satellite office or the whereabouts of its records, the broker is subject to a penalty of not less than fifty dollars and not more than two hundred fifty dollars. If after the assessment of such a fine within a one-year period, the director finds that additional violations of this section are both intentional and repeated, the mortgage loan broker is subject to penalties for violations of this chapter set forth in Section 40-58-120.
(F) In addition to the powers conferred upon the director pursuant to the provisions of this chapter, the director or his appointed designee within the department shall examine, on an unannounced basis, not less frequently than every two years the books, records, and other documents maintained pursuant to this section to determine if the broker has substantially complied with this chapter.
Section 40-58-240. (A) As a condition of license renewal an individual licensed as a mortgage loan broker must complete at least sixteen hours of continuing professional education biennially. (B) Upon license renewal a licensee must certify that he has completed the required hours of continuing professional education. The licensee shall maintain copies of continuing professional education certificates of completion issued pursuant to subsection (C) which are subject to audit by the department. Up to eight hours of continuing professional education may be carried forward from one renewal period to the next.
(C) A course teacher or sponsor, including teachers or sponsors of correspondence courses, must issue an attendee a certificate of completion showing the completed number of hours of continuing professional education. If the course is taught in a classroom setting fifty minutes of classroom contact equal one hour of continuing professional education. Course sponsors shall maintain records of attendance for two years. For a course to qualify for continuing professional education hours it must be offered by the National Association of Mortgage Brokers or the South Carolina Mortgage Brokers Association, or it must be preapproved by the department pursuant to policies and procedures promulgated by the department in regulation and related to real estate law or related law topics, appraisals, mortgage lending, financial management, financial planning, or mortgage processing.
Section 40-58-250. (A) Within three business days of the receipt of an application for a loan, the broker must disclose in a statement the total estimated charges to the borrower for the loan and an itemization of the charges provided if required under RESPA. The disclosure is considered delivered when deposited with the United States Postal Service for first-class delivery.
(B) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by RESPA.
Section 40-58-260. Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law.
Section 40-58-270. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
B. Of the initial appointments to the South Carolina Mortgage Loan Brokers Board, provided for in Section 40-58-10 of the 1976 Code, as amended in this Act, the Governor shall designate two members to serve terms of four years, two members to serve terms of three years, and two members to serve terms of two years. Subsequently appointed members shall serve terms of four years, as provided for in Section 40-58-10.
C. This section takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\AMEND\11774AC02), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-58-10 on page 42-12, lines 24-43 and inserting:
/Section 40-58-10. (A) There is created the South Carolina Mortgage Loan Brokers Board under the administration of the Department of Labor, Licensing and Regulation.
(B) The board consists of four mortgage loan brokers, each of whom must have five years or more experience and hold a valid license issued under this chapter, one realtor who is a real estate broker or real estate appraiser, one representative of a financial institution, and one member of the public. No member may have an ownership interest in any business entity that provides or procures continuing professional education courses, programs, or seminars for mortgage loan brokers. All members must be appointed by the Governor. Nominations for the appointment to the board may be submitted to the Governor from a group, individual, or association and must be considered in accordance with Section 40-1-45. Members shall serve terms of four years with no more than two consecutive terms and until a successor has been appointed and qualifies. A vacancy on the board must be filled for the remainder of the unexpired term in the manner of the original appointment.
(C) Members of the board are entitled to per diem, subsistence, and mileage as is provided by law for members of state boards, committees, and commissions.
(D) The Governor may remove a member of the board in accordance with Section 1-3-240./
Amend the bill further, by deleting Section 40-58-50 on page 42-15, line 5-12 and inserting:
/ Section 40-58-50. (A) An applicant shall pay an initial application processing fee of two hundred dollars. The biennial license fee is eleven hundred dollars.
(B) The fee required to register each mortgage loan brokerage office or satellite office is three hundred dollars biennially.
(C) Application, license, and registration fees are payable to the department in advance and must accompany a license application. Application fees are nonrefundable. /
Amend the bill further, by deleting SECTION 3 of the bill and inserting:
/SECTION 3. Notwithstanding any other provision of law, personnel employed by the Department of Consumer Affairs immediately before this act's effective date, who administer the registration of and regulate mortgage loan brokers pursuant to Chapter 58, Title 40 of the 1976 Code and who enforce the provisions of that chapter, are on this act's effective date transferred to the Department of Labor, Licensing and Regulation for the purpose of carrying out the responsibilities of the department and the South Carolina Mortgage Loan Brokers Board under that chapter, as amended by Section 1 of this act. The funds appropriated to the Department of Consumer Affairs for salaries and benefits attendant to these positions and the FTE's must also be transferred on this act's effective date to the Department of Labor, Licensing and Regulation.
SECTION 4. This act takes effect January 1, 2003./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. HOWARD spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Barrett Battle Cato Chellis Cooper Dantzler Easterday Fleming Frye Gilham Govan Hamilton Harrell Hinson Huggins Keegan Kelley Law Leach Littlejohn Lourie McGee Merrill Ott Owens Quinn Rice Riser Sandifer Scarborough Smith, D.C. Stille Taylor Thompson Townsend Tripp Walker Webb White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Cotty Delleney Emory Gourdine Hayes Hines, J. Hosey Howard Jennings Kirsh Lee Lloyd Lucas Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Phillips Rhoad Sheheen Smith, F.N. Smith, G.M. Smith, W.D. Talley Weeks Whatley Young, J.
So, the amendment was adopted.
Had I been present I would have voted 'yes' on Amendment No. 2.
Rep. Chip Limehouse
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\21420SD02):
Amend the bill, as and if amended, by adding a new Section 40-58-255 immediately after Section 40-58-250, page 42-23, to read:
/ Section 40-58-255. Notwithstanding any other provision of this chapter, the Department of Consumer Affairs is authorized to audit any mortgage loan broker for compliance with the Consumer Protection Code, the Federal Truth in Lending Act, and the Federal Real Estate Settlement Procedures Act. The department may bill audited BROKERS for its reasonable costs for these audits. Unless an audit shows noncompliance with the above referenced provisions of law, the department may not audit more frequently than once in a calendar year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. LAW spoke against the amendment.
Rep. LAW moved to adjourn debate on the Bill until Tuesday, June 4, which was agreed to.
Rep. KELLEY moved to adjourn debate upon the following Bill until Friday, June 7, which was adopted:
S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.
The following Bill was taken up:
S. 12 (Word version) -- Senators Richardson, Mescher, Grooms, McConnell and Branton: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO FURTHER PROVIDE FOR THE ORGANIZATION, OPERATION, AND GOVERNANCE OF CHARTER SCHOOLS.
The Education and Public Works Committee proposes the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11750AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:
Section 59-40-10. This chapter is known and may be cited as the 'South Carolina Charter Schools Act of 1996'.
Section 59-40-20. This chapter is enacted to:
(1) improve student learning;
(2) increase learning opportunities for students;
(3) encourage the use of a variety of productive teaching methods;
(4) establish new forms of accountability for schools;
(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(6) assist South Carolina in reaching academic excellence.
Section 59-40-30. In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued, and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.
Section 59-40-40. As used in this chapter:
(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school which operates within a public school district, but is accountable to the local school board of trustees of that district, which grants its charter.
(2) A charter school:
(a) is considered a public school and part of the school district in which it is located for the purposes of state law and the state constitution;
(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected in the manner, as provided in Section 59-40-50(B)(8)(9);
(d) shall not charge tuition or other charges of any kind except as may be allowed by the sponsor.
(3) 'Applicant' means the person who desires to form a charter school and files the necessary application therefor with the local school board of trustees. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.
(4) 'Sponsor' means the local school board of trustees established, as provided by law, from which the charter school applicant requested its charter, and which granted approval for the charter school's existence.
(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.
(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught, and who has been approved by the charter committee of the school completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.
(7) 'Charter committee' means the governing body of a charter school and also shall be formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation which must be organized as the governing body and the charter committee is dissolved.
Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.
(B) A charter school shall must:
(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district;
(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;
(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;
(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity shall does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools shall must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district are relieved;
(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion hire noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers shall be are considered pro rata in calculating this percentage based on the hours which they are expected to teach;
(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified or experienced in the field of school administration;
(6)(7) admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent, it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student population which the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent from that population. This requirement is also subject to the provisions of Section 59-40-70(D). If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall must be accepted by lot, and there is no appeal to the sponsor;
(7)(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, and children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school;
(8)(9) elect its governing body board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school shall be are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school; and At all times, the governing body of the charter school shall include one or more teachers;
(9)(10) be subject to the Freedom of Information Act, including the charter school and its governing body.
(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trustees. The decision shall be is binding on the student and the charter school.
(2) If a charter school suspends or expels a student, the school district shall have has the authority but not the obligation to refuse admission to the student.
(3) The sponsor shall have has no obligation to provide extracurricular activities or access to facilities of the school district for students enrolled in the charter school; however, the charter contract may include participation in agreed upon interscholastic activities at a designated school within the sponsor district. Students participating under this agreement shall be considered eligible to participate in league events if all other eligibility requirements are met.
Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms shall must be the terms of a contract between the charter school and the sponsor.
(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.
(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.
(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:
(1) organize the charter school as a nonprofit corporation under pursuant to the laws of this State;
(2) elect form a charter committee for the charter school which includes one or more teachers; and
(3) submit a written charter school application to the local school board of trustees for the school district in which the charter school will is to be located.
(E) A charter committee shall be is responsible for and have has the power to:
(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;
(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers, as provided by law, before they may teach in the charter school; and
(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.
(F) The charter school application shall be a proposed contract and shall must include:
(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes as set forth in pursuant to Section 59-40-20;
(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;
(3) evidence that an adequate number of parents, teachers, pupils, or any combination thereof of them support the formation of a charter school;
(4) a description of the charter school's educational program, pupil achievement standards, and curriculum, which must meet or exceed any content standards adopted by the school district in which the charter school is located and must be designed to enable each pupil to achieve these standards;
(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action in the event if that pupil achievement falls below the standards;
(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;
(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;
(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district or the targeted student population the charter school proposed to serve and provide assurance that the school does not conflict with any school district desegregation plan or order in effect;
(9) a description of how the charter school plans to meet the transportation needs of its pupils;
(10) a description of the building, facilities, and equipment and how they shall be obtained;
(11) an explanation of the relationship that shall exist between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;
(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing before the governing body of the charter school. The application shall must state whether or not the provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at the charter school;
(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school prior to before expulsion;
(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school will must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and
(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.
(G) Nothing in this section shall require a Charter School applicant to provide a list of prospective or tentatively enrolled students or prospective employees with the application.
Section 59-40-70. (A) The local school board may establish a schedule for receiving applications from charter schools and shall make a copy of any schedule available to all interested parties upon request. If the local school board finds the charter school application is incomplete or fails to meet the spirit and intent of this chapter, it immediately shall request the necessary information from the charter applicant. The Charter School Advisory Committee shall be established by the State Board of Education to review charter school applications for compliance with established standards that reflect the requirements and intent of this chapter. Members shall be appointed by the State Board of Education unless otherwise indicated.
(1) The advisory committee shall consist of eleven members as follows:
(a) South Carolina Association of Public Charter Schools - the president or his designee and one additional representative from the association;
(b) South Carolina Association of School Administrators - the executive director or his designee;
(c) South Carolina Chamber of Commerce - the executive director or his designee and one additional representative from the chamber;
(d) South Carolina Education Oversight Committee - the chair or a business designee;
(e) South Carolina Commission on Higher Education - the chair or his designee;
(f) South Carolina School Boards Association - the executive director or his designee;
(g) South Carolina Alliance of Black Educators - the president or his designee ; and
(h) One teacher and one parent to be appointed by the State Superintendent of Education.
(2) As an application is reviewed, a representative from the local school board of trustees of the affected school district and a representative of the charter committee shall serve on the advisory committee as ex officio nonvoting members.
(3) Appointing authorities shall give consideration to the appointment of minorities and women as representatives on the committee.
(4) The committee shall be convened by the State Superintendent of Education on or before July 1, 2002, who shall serve as interim chair. At the first meeting the membership shall elect a chairman and any other officers it deems necessary.
(5) The committee shall establish by-laws for its operation which shall include terms of office for its membership.
(6) An applicant shall submit the application to the advisory committee and a copy to the affected school district. The advisory committee shall receive input from the school district and shall request clarifying information from the applicant. Within sixty days, the advisory committee shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district with a letter stating the application is in compliance. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the State Board of Education.
(B) After giving reasonable public notice, the local school board shall hold community meetings in the affected areas or the entire school district to obtain information to assist it in their decision to grant a charter school application. The local school board shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within ninety thirty days after receiving the application. If there is no ruling within ninety thirty days, the application is considered approved.
(C) A local school board of trustees shall only deny an application if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shall be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Committee.
(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district or the targeted student population by more than twenty percent, despite its best efforts, the local school district board shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the local school district board that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter as provided herein or in Section 59-40-110, as may be applicable. A finding by the local school district board that the applicant is not operating in a racially discriminatory manner shall justify approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects.
(E) If the local school board of trustees denies a charter school application, the charter applicant may amend its application to conform with the reasons for denial and reapply to the local board, which has thirty days to approve or deny the application, or may appeal the denial to the State Board of Education pursuant to Section 59-40-90.
(E)(F) If the local school board approves the application, it becomes the charter school's sponsor and shall sign the approved application which shall constitute constitutes a contract with the charter committee of the charter school. A copy of the charter shall must be filed with the State Board of Education.
Section 59-40-80. A local school board may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.
Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.
(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees with a notice of appeal within ten days of the local board's decision.
(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process shall must be:
(1) within as contained in this section. Within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, or reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. These instructions shall include specific recommendations concerning the matters requiring reconsideration;
(2) within thirty days following the remand of a decision to the local board of trustees and with reasonable public notice, the local school board of trustees, at a public hearing, shall reconsider its decision and make a final decision. No further administrative appeal may be taken from this decision. However, any final decision of the local school board of trustees after remand from the state board or a
(D) A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.
Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. Parents or guardians of a student shall have one vote for each student enrolled in the school seeking conversion. The application shall must be submitted pursuant to Section 59-40-70(A)(6) by the principal of that school or his designee who shall must be deemed considered the applicant. The application shall must include all information required of other applications under pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.
(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.
(C) All students enrolled in the school at the time of conversion must be given priority enrollment.
(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases therein. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 will apply to the employment and dismissal of teachers at a converted school.
Section 59-40-110. (A) A charter may be approved or renewed for a period not to exceed three of five school years; however, the charter may be revoked or not renewed under the provisions of subsection (C) of this section.
(B) A charter renewal application shall must be submitted to the school's sponsor, and it shall must contain:
(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and
(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.
(C) A charter may must be revoked or not renewed by the sponsor if it determines that the charter school:
(1) committed a material violation of the conditions, standards, or procedures set forth provided for in the charter application;
(2) failed to meet or make reasonable progress toward pupil achievement standards identified in the charter application;
(3) failed to meet generally accepted standards of fiscal management; or
(4) violated any provision of law from which the charter school was not specifically exempted.
(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action in writing. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure set forth herein provided for in this section.
(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days shall must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.
(F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.
Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts shall must be returned to that entity. All other assets become property of the sponsor.
Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date under provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left, but without assurance as to the school or supplemental position to which they may be assigned.
(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.
(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation shall be is governed by Section 59-40-100(C).
Section 59-40-140. (A) A sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment shall must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding shall must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.
(B) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.
(C) Notwithstanding subsection (B), the proportionate share of state and federal resources generated by students with disabilities or staff serving them shall must be directed to charter schools. The proportionate share of funds generated under other federal or state categorical aid programs shall must be directed to charter schools serving students eligible for the aid.
(D) All services centrally or otherwise provided by the school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school district.
(E) All awards, grants, or gifts collected by a charter school shall must be retained by the charter school.
(F) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. No gifts gift or donation shall be a requirement required for admission. However, no gift, donation, or grant may be accepted by the governing board if subject to any condition contrary to law or contrary to the terms of the contract between the charter school and the governing body. All gifts, donations, or grants must be reported to the local school district in their annual audit report as required in Section 59-40-50 (B) (3).
(G) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.
(H) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.
(I) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.
(J) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.
(K) For those charter schools established on and after July 1, 2003, during the first year of its operation and upon verification by the State Department of Education that the charter school is receiving funding consistent with this chapter, the local school district shall receive through a state reserve fund established by the General Assembly beginning with fiscal year 2003-2004 an amount equivalent to the base student cost times a 1.0 weighted pupil unit for each student enrolled in the charter school who was enrolled in another noncharter public school in the district on the one hundred thirty-fifth day of the previous school year. The reserve fund shall be available only when the charter school is not initiated or operated by the district. Upon the filing of a charter school application, the State Department of Education must verify to the Charter School Advisory Committee and the affected school district that adequate funds are in the state reserve fund to meet this requirement.
Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence; however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40(2)(b) and 59-40-50(B)(7) and (8) according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C), as applicable.
Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.
(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.
(C) The department shall bear the cost of complying with this section.
Section 59-40-160. (A) The State Board of Education shall compile evaluations of charter schools received from local school boards of trustees. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.
(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.
(C) In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.
(D) An impact study shall be conducted by the State Board of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process.
Section 59-40-170. The Department of Education, in conjunction with the Budget and Control Board, shall publish annually make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this State or by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list shall must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given the first refusal to purchase or lease the building under the same or better terms and conditions as it would be offered to the public.
Section 59-40-180. The State Board of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including state board appeal, by December first of the year preceding the charter school's opening.
Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.
(B) A sponsor is not liable for any of the debts of the charter school.
(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.
Section 59-40-200. Notwithstanding any other provision of this chapter, charter schools with conditional charters, with applications pending with local school district boards, or with planning-implementation grants supported by the Public Charter Schools Grant Program whose timelines stipulate having charter applications approved prior to December 1, 2003, shall apply directly to the local school district board of trustees without review by the charter school advisory committee.
Section 59-40-210. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. WEEKS moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, G. Brown, R. Cobb-Hunter Gourdine Govan Howard Jennings Kennedy Lee Lloyd Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Scott Snow Stuart Weeks Whatley Whipper Wilder
Those who voted in the negative are:
Allison Barrett Battle Bowers Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hines, J. Hinson Hosey Huggins Keegan Kelley Kirsh Koon Law Leach Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Neilson Ott Owens Perry Phillips Rhoad Rice Riser Sandifer Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Thompson Townsend Tripp Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
Had I been present I would have voted 'no' to tabling Amendment No. 1.
Rep. Chip Limehouse
The question then recurred to the adoption of the amendment.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barrett Battle Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Fleming Frye Gilham Hamilton Harrell Haskins Hines, J. Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Littlejohn Loftis Lourie Lucas Martin McCraw Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rice Riser Sandifer Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Talley Thompson Townsend Tripp Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, R. Cobb-Hunter Gourdine Govan Howard Jennings Kennedy Lee Lloyd Mack McLeod Miller Moody-Lawrence Neal, J.H. Parks Scott Stuart Weeks Whipper Wilder
So, the amendment was adopted.
Had I been present I would have voted 'yes' on Amendment No. 1.
Rep. Chip Limehouse
Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of amendments.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 40-19-235. A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter may apply for a license to practice in this State by submitting the appropriate nonrefundable fee, an application on a board-approved form, and a board-certified statement from the state or territory in which the person holds the license and has successfully taken and passed that state law exam. The board may approve an applicant who presents evidence of licensure in another jurisdiction, even though that jurisdiction does not require substantially similar requirements, upon a showing that the applicant has engaged in the licensed practice of funeral service for at least five years and the applicant has achieved a passing score on an examination approved by the board."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-19-265. (A) A permit for a funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation; and
(6) is in full compliance with Section 40-19-290.
(B) A permit for a branch funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290; and
(7) provides the name of the parent funeral home.
(C) A permit for a retail sales outlet may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee; and
(4) is in full compliance with Section 40-19-290.
(D) A permit for a crematory may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290; and
(7) provides evidence of employment of a factory trained operator.
(E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business."
SECTION 3. Section 40-19-10 of the 1976 Code, as last amended by Act 380 of 1998, is further amended to read:
"Section 40-19-10. There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment.
The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur. Any business conducted by the board must be by a positive majority vote. For purposes of this subsection 'positive majority vote' means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time."
SECTION 4. Section 40-19-20 of the 1976 Code, as last amended by Act 380 of 1998, is further amended to read:
"Section 40-19-20. As used in this chapter:
(1) 'Advertisement' means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over radio or television. The term does not include funeral or death notices and obituaries.
(2) 'Apprentice' means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120.
(3) 'Board' means the South Carolina State Board of Funeral Service.
(4) 'Branch funeral home' means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities, a chapel, a lay-out room, or a sales room, or both any combination of these.
(5) 'Chapel' means a separate facility from the parent funeral home that has only layout or chapel facilities, or both, but does not have embalming facilities or a sales room.
(6) 'Cremation' or 'calcination' means the reduction of the dead body by intense heat to residue.
(7)(6) 'Crematory' means an establishment in which the dead body is reduced to residue by intense heat.
(8)(7) 'Disposition' means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation or removal from the State pursuant to obtaining a burial transit permit.
(9)(8) 'Embalmer' means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body.
(10)(9) 'Embalming' means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(11)(10) 'Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(12)(11) 'Funeral home', 'funeral establishment', or 'mortuary' means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities:
(a) a chapel or parlor in which funeral services may be conducted;
(b) a preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies;
(c) a room containing a displayed stock of at least six adult caskets and other necessary funeral supplies; and
(d) at least one motor hearse for transporting casketed human remains.
(13)(12) 'Funeral merchandise' means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, the receptacle into which the body is directly placed caskets, cremation caskets, urns, and burial clothing. The term does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.
(14)(13) 'Funeral service' or 'funeral' means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.
(15)(14) 'Graveside service' means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.
(16)(15) 'Inspector' means an inspector employed by the board Department of Labor, Licensing and Regulation.
(17)(16) 'Manager' means a licensed funeral director who has been a resident of licensed in this State for at least one year, who is a fulltime regular employee, and who is responsible for and has the binding authority from the owner for the day-to-day management of funeral establishments or crematories including compliance with all applicable laws governed by this chapter and Chapters 7 and 8 of Title 32.
(18)(17) 'Memorial service' means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.
(19)(18) 'Practice of funeral service' means:
(a) engaging in providing shelter, care, and custody of the human dead;
(b) the practice of preparing the human dead by embalming or other methods for burial or other disposition;
(c) arranging for the transportation of the human dead;
(d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; and
(e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.
(19) 'Retail sales outlet' means an establishment wherein funeral merchandise is sold or provided, or both, to the general public. A retail sales outlet may not contain lay-out or chapel facilities and is restricted solely to the sale of funeral merchandise and may not handle or arrange for the handling or disposition, or both, of dead human remains and may not offer or execute preneed funeral contracts, except as authorized by Chapter 7, Title 32.
(20) 'Owner' means a sole proprietor, partnership, limited partnership, corporation, limited liability corporation, or any business entity possessing authority and control over a funeral establishment."
SECTION 5. Section 40-19-110(3), (14), and (15) of the 1976 Code, as last amended by Act 380 of 1998, are further amended to read:
"(3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or a licensee's agents, assistants, or employees an agent, assistant, or employee of a licensee or of any establishment licensed under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;"
"(14) violating a state or federal law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies concerning funeral establishments or the practice of funeral service;"
"(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need engage in the practice of funeral service."
SECTION 6. Section 40-19-230 of the 1976 Code, as added by Act 380 of 1998, is amended to read:
"Section 40-19-230. (A) A person may be issued a license as an embalmer if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board;
(4) has completed successfully a regular course in an embalming college accredited by the National Conference of State Examining Boards American Board of Funeral Service Education and approved by the board;
(5) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State;
(6) has passed an examination prescribed by the board. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.
(B) A person may be issued a license as a funeral director if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college;
(4) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State;
(5) has passed an examination prescribed by the board. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(C) An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation.
An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination.
(D) A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter and has been licensed for a minimum of five years, upon establishing residence in this State, may apply for a license to practice in this State by filing with the board a certified statement from the examining board of the state or territory in which the applicant holds the license, showing the basis upon which the license was granted and a recommendation for licensure. If the board finds that the applicant has fulfilled substantially similar requirements, the board shall grant a license upon receipt of a fee established by the board in regulation and upon satisfying the board that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.
(E) No license may be issued or renewed for a period exceeding one year two years, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board.
(F)(E) A person holding a license under this chapter may have the license renewed for a one-year two-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient.
(F) A permit for a crematory or a permit for a funeral establishment which operates a crematory may be renewed for a two-year period by applying within thirty days preceding or following the expiration of the permit, upon forms provided by the board, payment of a renewal fee as established by the board in regulation and passage of an inspection conducted by the board."
SECTION 7. Section 40-19-270 of the 1976 Code, as added by Act 380 of 1998, is amended to read:
"Section 40-19-270. (A) No person shall conduct, maintain, manage, or operate a funeral establishment or, crematory, or retail sales outlet unless a permit for each establishment or, retail sales outlet, or crematory has been issued by the board and is displayed conspicuously in the funeral establishment or crematory, or retail sales outlet. Funeral services held in a private residence, church, or lodge hall require no permit.
(B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, chapel, retail sales outlet, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
(C) No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a person licensed as a funeral director who resides a reasonable distance from the establishment or crematory and is accessible at all times manager when the establishment or crematory is open for any type of funeral business or activity. The board must be notified within thirty days upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory, the board as provided for in Regulation 57-10(c) and may issue a temporary permit to another person manager upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located.
(D) An application for a funeral establishment permit or, crematory, or retail sales outlet permit must be made on forms furnished by the board and must be filed with the board before July second of each year accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each odd-numbered year.
(E) When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the board as the manager of the funeral establishment or crematory or the corporation or partnership must employ a full-time manager. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter."
SECTION 8. Section 40-19-280(E) of the 1976 Code, as added by Act 380 of 1998, is amended to read:
"(E) It is unlawful for a person, partnership, corporation, or association who has not been licensed or registered as provided for in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment, crematory, or retail sales outlet within this State."
SECTION 9. Section 40-19-290 of the 1976 Code, as added by Act 380 of 1998, is amended to read:
"Section 40-19-290. (A) The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.
(B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
(C) A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure in each casket with each piece of funeral merchandise stating the price of the casket merchandise.
(D) The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:
(1) the price of the service that the persons have selected and what is included in the service;
(2) the price of each of the supplemental items of service and merchandise requested;
(3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family;
(4) the method of payment.
(E) All payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered in accordance with the sales agreement."
SECTION 10. A. Title 40 of the 1976 Code is amended by adding:
Section 40-8-10. This chapter may be cited as the 'South Carolina Perpetual Care Cemetery Act'.
Section 40-8-20. For the purposes of administering this chapter, there is established a South Carolina Perpetual Care Cemetery Board with the power and duty to promulgate regulations, approved by the Director of the Department of Labor, Licensing and Regulation, to carry out this chapter as provided for by Section 40-1-10.
Cemeteries, burial grounds, and any agreement or contract which has for a purpose the furnishing or delivering of a person, property, or merchandise of any nature in connection with the final disposition of a dead human body, must be subject to sufficient regulation by the State to ensure that sound business practices are followed by all entities subject to this chapter.
Section 40-8-30. As used in this chapter, unless otherwise stated or unless the context clearly indicates otherwise:
(1) 'Administrator' means the individual, appointed by the director, to whom the director has delegated authority to administer the programs of the South Carolina Perpetual Care Cemetery Board.
(2) 'Authorization to operate' or 'operation authorization' means the approval to operate a cemetery, which has been granted by the South Carolina Perpetual Care Cemetery Board. This authorization is granted in the form of a license.
(3) 'Board' means the South Carolina Perpetual Care Cemetery Board.
(4) 'Cared-for' means the physical appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall.
(5) 'Cemetery' means a place used, dedicated, or designated for cemetery purposes including any one or combination of:
(a) perpetual care cemeteries;
(b) burial parks for earth interment;
(c) mausoleums; and
(d) columbariums.
(6) 'Cemetery company' means a legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by cemetery sales organizations or cemetery management organizations or any other entity.
(7) 'Columbarium' means a structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person.
(8) 'Department' means the Department of Labor, Licensing and Regulation.
(9) 'Director' means the Director of the Department of Labor, Licensing and Regulation, or the director's official designee.
(10) 'Grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person.
(11) 'Human remains' or 'remains' means the body of a deceased person and includes the body in any stage of decomposition.
(12) 'Licensee' means a person granted an authorization to operate pursuant to this chapter and refers to a person holding a license granted pursuant to this chapter.
(13) 'Mausoleum' means a structure or building substantially exposed aboveground, intended to be used for the entombment of the remains of a deceased person.
(14) 'Memorial' means a bronze marker set approximately level with the turf for the purpose of identification, or interchanged to mean upright markers in garden sections which are plotted and specified for the use of upright markers. The term 'marker' is interchanged with the term 'memorial' in this chapter.
(15) 'Merchandise' means items used in connection with grave space, niches, mausoleum crypts, granite, memorials, grave liners, and vaults; however, merchandise shall expressly exclude caskets and cremation urns, burial clothing, facilities used for preparation, viewing, and automotive equipment and transportation. Items expressly excluded under the definition of merchandise in this provision must be governed by Chapter 7 of Title 32.
(16) 'Outer burial container' means the following:
(a) Category I - Protective Outer Burial Container - An outer burial container (vault) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing while resisting the entrance of water or any other element found in the soil in which it is interred.
(b) Category II - Nonprotective Outer Burial Container - A nonsealing outer burial container (grave liner) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing.
(17) 'Perpetual care' means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a cemetery properly maintained using a care and maintenance trust fund. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery must be considered a perpetual care cemetery for the purposes of this chapter.
(18) 'Person' means an individual, entity, corporation, partnership, joint venture, or association.
(19) 'Trust institution' means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.
Section 40-8-35. The cemetery contract must disclose to the consumer:
(1) the type of outer burial container being purchased (a Category I, Protective Outer Burial Container, or a Category II, Nonprotective Outer Burial Container);
(2) that the outer burial container either has a warranty or that it does not have a warranty; and
(3) if the outer burial container purchased in advance of need is not available at the time of need, the cemetery shall make available to the purchaser or his representative an outer burial container of equal or greater value. The purchaser or his representative is entitled to approve any substitutions.
Section 40-8-40. No entity may engage in the business of operating a perpetual care cemetery company, except as authorized by this chapter, without first obtaining a license from the board. A license issued under this chapter is not transferable or assignable and a licensee may not develop or operate a perpetual care cemetery authorized by this chapter under a name or a location other than that contained in the license.
No entity may hold itself out to be a perpetual care cemetery without an authorization to operate as such by the South Carolina Perpetual Care Cemetery Board.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall identify the appropriate sections of the cemetery at application and shall designate each section by a sign on the premises. Portions designated 'Perpetual Care' may not be changed to 'No Perpetual Care' once the designation is made.
Section 40-8-50. The board consists of seven members appointed by the Governor with the advice and consent of the Senate. Three appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral-related business, and four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association. The Governor shall appoint members of the board in the manner provided in this section. Of the seven members, three of the initial board members must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. Nominations for appointment for the four professional members must be received by the Governor from the South Carolina Cemetery Association. If the Governor does not approve the recommendations, the association shall provide the Governor with another list of nominees, and the Governor may select a nominee from the list provided or appoint another suitable candidate of his choice. The Governor may replace any board member at any time for cause. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment.
Section 40-8-60. The board shall elect annually a chairman and vice chairman. Each member of the board shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. All expenses of the board must be paid from fees received by the board.
The board shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chairman or upon written request of at least four members.
Section 40-8-70. In addition to the powers and duties included in Sections 40-1-70 through 40-1-100, the board shall establish policies and procedures consistent with this chapter, shall have the full power to regulate the issuance of licenses, and shall discipline licensees in any manner permitted by this chapter or under the provisions of Sections 40-1-110 through 40-1-150.
Section 40-8-75. The board shall have and use an official seal bearing the name of the board.
Section 40-8-80. (A) The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor, Licensing and Regulation in accordance with this chapter and the provisions of Section 40-1-50(D):
(1) a license fee of eight hundred fifty dollars, annually; and
(2) an application fee of two hundred fifty dollars.
(B) Notwithstanding subsection (A), the fees for a cemetery in existence on the effective date of this chapter, which consists of ten acres or less of land are as follows:
(1) a license fee of four hundred dollars, annually; and
(2) an application fee of two hundred fifty dollars.
(C) The license period is from January first through December thirty-first.
(D) Failure to renew a license by the December thirty-first renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January thirty-first. Delinquent renewal requests not postmarked on or before January thirty-first require that a new application be submitted under the guidelines in effect for the current period.
(E) All fees are nonrefundable.
Section 40-8-90. (A) A legal entity wishing to establish a cemetery shall file a written application for authority to do so with the board on forms prescribed and provided by the department.
(1) Upon receipt of the application and a nonrefundable application fee, the board shall cause an investigation to be made to establish the following criteria for approval of the application:
(a) creation of a legal entity to conduct a cemetery business and the proposed financial structure;
(b) establishment and maintenance of an irrevocable care and maintenance trust fund agreement with a trust institution doing business in this State, with an initial deposit of not less than fifteen thousand dollars and a bank cashier's or certified check attached for the amount and payable to the trustee with the trust executed by the applicant and accepted by the trustee, conditioned only upon the approval of the application;
(c) presentation of a plat of the land to be used for a cemetery showing the county or municipality and the names of roads and access streets or ways;
(d) designation by the legal entity, wishing to establish a cemetery, of a general manager who must be a person having had not less than two years' experience in the cemetery business; and
(e) presentation of development plans sufficient to ensure the community that the cemetery shall provide adequate cemetery services and that the property is suitable for use as a cemetery.
(2) The board, after receipt of the investigating report and within ninety days after receipt of the application, shall grant or refuse to grant the authority to organize a cemetery.
(3) If the board intends to deny an application, it shall give written notice to the applicant of its intention to deny. The notice shall state a time and place for a hearing before the board and a summary statement of the reasons for the proposed denial. The notice of intent must be mailed by certified mail to the applicant at the address stated in the application at least fifteen days before the scheduled hearing date. Within thirty days of the hearing, the board must provide the applicant with its written decision regarding its intent to deny the application. An appeal from the board's decision must be made in accordance with the Administrative Procedures Act.
(4) If the board intends to grant the authority, it shall give written notice that the authority to organize a cemetery has been granted and that a license to operate must be issued upon the completion of the:
(a) establishment of the irrevocable care and maintenance trust fund and receipt by the board of a certificate from the trust institution certifying receipt of the initial deposit required under this chapter;
(b) development, ready for burial, of not less than two acres, certified by inspection of the board or its representative;
(c) presentation of a description, by metes and bounds, of the acreage tract of the proposed cemetery, with evidence, by title insurance policy or certificate or certification by an attorney at law, that the applicant is the owner in fee simple of the tract of land which must contain not less than thirty acres, and may not mortgage, lease, or encumber it. In counties with a population of less than thirty-five thousand inhabitants according to the latest official United States census, the tract needs to be only fifteen acres; and
(d) submission to the board, for its approval, a copy of the cemetery company's policies and procedures as provided for in this chapter.
(B) If a person proposes to purchase or acquire control of an existing cemetery either by purchasing the outstanding capital stock of any cemetery company or the interest of the owner and thereby to change the control of the cemetery company, the person shall make application on a form prescribed and provided by the board for a license change. The application shall contain the name and address of the proposed new owner. The application for a license change must be accompanied by an initial application fee.
(C) The provisions of subsection (A)(4)(c) relating to the minimum acreage do not apply when the governing body of a municipality which is within fifteen miles of the corporate limits of the City of Charlotte, North Carolina, and in which the cemetery is to be located passes an ordinance authorizing a cemetery with less than thirty acres of land when a license establishes an irrevocable trust with a trust corpus of at least fifteen thousand dollars and five acres of land, and the dedication of fifteen percent of all future sales to deposit in the trust on a quarterly basis.
Section 40-8-100. (A) A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in which the burial was made. Sales, trust funds, accounting records, and other records of the licensee must be available at the licensee's principal place of business at reasonable times during regular business hours for examination by the department. In addition, the owner of a perpetual care cemetery shall have the records of the care and maintenance fund examined annually by a licensed public accountant and shall submit a copy of the report to the board or its designee.
(B) A record must be kept of each written complaint received, action taken, and disposition of the complaint. These records must be available for examination by the chairman or other authorized representative of the board.
(C) The owner of a cemetery shall adopt and enforce policies and procedures for the use, care, control, management, restriction, and protection of the cemetery and its parts and subdivisions, the use of property within a cemetery, the introduction and care of plants or shrubs within the grounds, the conduct of persons and prevention of improper assemblages, and other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish the policies and procedures pursuant to subsection (H). The regulations must be printed or typewritten plainly, posted conspicuously, and maintained, subject to inspection by the board or its designee, at the usual place for transacting the regular business of the cemetery. The owner must also include in this posting a statement explaining that it is acceptable to purchase memorials and merchandise from vendors other than the cemetery if the items meet the reasonable policies and procedures established for those items by the cemetery. However, a cemetery licensed under this chapter may not adopt policies or procedures in conflict with this chapter or in derogation of the contract rights of lot owners.
(D) The owner of a cemetery shall establish reasonable policies and procedures regarding the type material, design, composition, finish, specifications, and installation of merchandise to be used in the cemetery. However, a policy or procedure may not be promulgated which:
(1) requires the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from the cemetery company;
(2) restricts the right of the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument from the vendor of his choice;
(3) charges the owner or purchaser of a lot a fee for purchasing a monument or marker or the actual installation of a monument from a vendor or charges a vendor a fee for delivering or installing the monument; and
(4) discriminates against an owner or a purchaser of a lot who has purchased a monument or services related to installation of a monument from a vendor.
(E) Subsection (D) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services actually performed by the cemetery relating to the installation, care, and maintenance of a monument or marker including, but not limited to, the survey, recording, and supervision of the installation of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor.
(F) These policies and procedures must be posted conspicuously and maintained, subject to inspection by the department, at the usual place for transacting the regular business of the cemetery. A cemetery owner may not prevent the use of merchandise purchased by a lot owner or his representative, agent, heirs, or assigns from any source if the merchandise meets cemetery regulations.
(G) When an internment right is sold, the cemetery must provide a written listing of the current charges associated with all merchandise, memorials, and services that are then required by the cemetery. The cemetery also shall provide a list of cemetery services for which there may be a later charge. When a monument, marker, or memorial is sold by a cemetery company, the cemetery shall provide on the sales contract an itemized statement of the fees charged for installation, care, and maintenance of the monument, marker, or memorial. Fees charged for installation, care, and maintenance of a monument, marker, or memorial must be shown on the statement as charges separate from its price, and the statement shall disclose the amount of fees to be placed in trust by the cemetery company. The board shall promulgate regulations for the disclosure of fees and services.
(H) Policies and procedures established, amended, or abolished by a cemetery pursuant to this section must be submitted to the board for its approval.
Section 40-8-110. (A) A cemetery company is not permitted to establish a perpetual care cemetery or to operate an already-established perpetual care cemetery without providing for the future care and maintenance of the cemetery, for which a trust fund must be established to be known as 'The Care and Maintenance Trust Fund of (name of licensee)'. If a perpetual care cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this chapter, the board, after thirty days, shall enforce compliance. The trust fund agreement shall contain the name, location, and address of both the licensee and the trustee, showing the date of the trust agreement and the deposit in the trust of the required funds. No person shall transfer the corpus of the care and maintenance trust fund without first obtaining written consent from the board.
(B) At the time of making a sale or receiving the initial deposit on the sale of grave space, niche, or mausoleum crypt, the cemetery company shall deliver to the person to whom the sale is made, or who makes the deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund must be used solely for the care and maintenance of the cemetery, for reasonable costs of administering the care and maintenance, and for reasonable costs of administering the trust fund. This information must be included in the sales contract.
(C) A perpetual care cemetery shall deposit into the care and maintenance fund not less than forty dollars or a minimum of ten percent of the sale price, whichever is greater, per grave space and niche, and one hundred dollars per mausoleum crypt sold or a minimum of five percent of the sales price, whichever is greater. Also, for a memorial or grave marker for installation in a cemetery where perpetual care is promised or guaranteed, the cemetery shall transmit to the care and maintenance trust fund an amount equal to a minimum of eight cents per square inch of the memorial's or the marker's base. All deposits must be made within sixty days upon receipt of final payment.
(D) Within ninety days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund on forms prescribed and provided by the board. The board shall require the trustee to make any additional financial reports the board considers advisable.
(E) The care and maintenance trust fund must be invested and reinvested by the trustee in the same manner as provided by law for the investment of other trust funds. The fees and other expenses of the trust fund may be paid from the corpus. To the extent that the net income is not sufficient to pay the fees and other expenses, they must be paid by the cemetery company.
(F)(1) Upon payment in full, a licensee receiving funds from the sale of merchandise for use in a cemetery in connection with the burial or commemoration of a deceased human being when the use of contracted merchandise is not requested or required immediately shall store or warehouse the contracted merchandise, or bond or deposit the funds in a merchandise account with a financial institution licensed to do business in this State. Notwithstanding any other provision of law, all funds deposited in the merchandise account must be held for the benefit of the purchaser of the merchandise. Any such merchandise account must be subject to Section 40-8-110(G).
The cemetery company shall maintain a record of each deposit into the account, identify the name of the purchaser, the amount of the actual costs to the seller, and the amount of money to be deposited, and maintain a copy of the contract for the merchandise. This section does not prohibit the licensee from commingling the deposits in a fund of this kind to manage and invest the funds.
(2) When a memorial, a mausoleum crypt, or other merchandise is sold in advance of need and not installed, delivered, or bonded until a later date, one hundred percent of the actual cost to the seller at the time of deposit must be placed in a merchandise account within sixty days after completion of the contract with interest to accrue and must not be withdrawn without the consent of the purchaser until the time of delivery or construction.
(3) The funds must be held in a merchandise account as to principal and income earned and must remain intact, until delivery of the merchandise is made by the cemetery company or other entity; however, any service fees charged by the administering financial institution may be deducted from the income. Upon delivery of the merchandise, the cemetery company or other entity shall certify these facts. Upon this certification, the amount of money on deposit to the credit of that particular contract, including principal and income, must be paid to the cemetery company or other entity.
(4) After payment in full and before delivery of merchandise, a purchaser may make written demand for a refund of the amount deposited in the merchandise account to the credit of the purchaser, and within ninety days of receipt of the written demand, the licensee shall deliver the merchandise or refund to the purchaser the amount on deposit to his credit. Upon the refund or delivery of merchandise, the cemetery company is relieved from further liability for this merchandise.
(G) The licensee, annually and within ninety days after the end of the calendar year, shall file a financial report, signed by a licensed accountant, of the merchandise account fund with the board on forms provided by the board setting forth the principal, investments, and payments made and the income earned and disbursed. The board may require the licensee to make additional financial reports the board considers advisable.
(H) The board may cause the examination of the business of a cemetery company or other entity writing contracts for the sale of the property or services described in this section. The written report of the examination must be filed in this office of the board. A person or an entity being examined shall produce the records of the company needed for the examination.
(I) A provision of a contract for the sale of merchandise described in this section which provides that the purchaser or beneficiary may waive this section is void.
(J) Cemetery owners shall have a full and complete schedule of charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery.
(K) A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise account fund is guilty of a misdemeanor and, upon conviction, must be punished pursuant to Section 40-8-190.
(L) If a report is not received within the required time, the board may levy and collect a penalty of not less than twenty-five dollars a day or more than one hundred dollars a day for each day of delinquency.
Section 40-8-120. (A) A licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not mortgage, lease, or encumber it.
(B) The fee simple title in any land owned by the licensee as a cemetery, which lands are contiguous, adjoining, or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any title, interest, or burial right which may have been sold or contracted to be sold in this land are reconveyed to the licensee before the consummation of any conveyance.
(C) A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.
(D) The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence before the effective date of this chapter. If a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.
Section 40-8-130. (A)(1) A cemetery company is required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale, or refund the money. The construction of the mausoleum section or bank of belowground crypts must be completed within sixty months after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown.
(2) After construction has begun on the mausoleum section or bank of belowground crypts, the cemetery company shall certify the progress and expenditures and is entitled to withdraw funds from the mausoleum account to meet construction expenditures.
(3) If the mausoleum section or bank of belowground crypts is not completed within the time limits set out in this section, the board shall contract for and cause the project to be completed and paid for from the funds deposited to the project and the cemetery company must be liable for any shortage.
(4) In lieu of the payments to the mausoleum account the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board.
(B)(1) Burial vaults must be at least ten inches below the earth's surface. As used in this section, 'burial vaults' includes caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.
(2) This section does not apply to cemeteries located in the coastal and lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that where the water table is two feet or less from the surface, cemeteries not subject to tidal or surface flooding may place vaults level with the ground.
Section 40-8-140. All cemeteries in this State shall display a sign at each entrance containing letters not less than six inches in height stating 'Perpetual Care' or 'Endowment Care' or 'No Perpetual Care' or 'No Endowment Care' depending upon which method of operation the cemetery is using.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated 'Perpetual Care' cannot be changed to 'No Perpetual Care' once the designation is made.
Section 40-8-150. In addition to grounds for disciplinary actions as set forth in Section 40-1-110, the board shall take disciplinary action against a licensee who:
(1) fails to pay the required fees;
(2) fails to make required reports;
(3) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;
(4) knowingly makes a false statement intended to influence or persuade;
(5) knowingly and continually makes flagrant misrepresentations or knowingly condones false promises by its cemetery agents or salesmen;
(6) wilfully violates this chapter or regulations promulgated by the board;
(7) acts in a fraudulent manner, whether of the same or a different character than specified in this section; and
(8) fails to make required contributions to the care and maintenance trust fund or any other funds required to be established and maintained by this chapter.
Section 40-8-160. Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 40-8-150 and 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120, impose a fine not to exceed ten thousand dollars. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source to which the board wishes to furnish this information.
Section 40-8-170. A licensee who is under investigation for any of the grounds provided for in Section 40-8-150 for which the board may take disciplinary action may voluntarily surrender his license to the board in accordance with the provisions of Section 40-1-150.
Section 40-8-180. A person aggrieved by any action of the board may seek review of the decision in accordance with the provisions of Section 40-1-160.
Section 40-8-190. A person who operates a cemetery in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or more than ten thousand dollars or imprisoned not less than thirty days or more than twelve months, or both.
Section 40-8-200. The provisions of this chapter do not apply to governmental cemeteries, nonprofit cemeteries, church cemeteries, nature preserve cemeteries, or family burial grounds.
Section 40-8-210. (A) A perpetual care cemetery licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1990, may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board.
(B) A perpetual care cemetery established between July 1, 1990, and the effective date of this chapter may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the perpetual care cemetery, and a copy of the same is on file with the board.
(C) Effective January 1, 2003, all perpetual care cemeteries must be operated in accordance with the provisions of this chapter.
Section 40-8-220. (A) A cemetery company which offers free burial rights to a person or group of persons, at the time of the offer, clearly shall state all conditions upon which the offer is made.
(B) Cemeteries must be maintained to present a cared-for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall.
(C) Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designations of parts of cemeteries for the specific use of persons whose religious code requires isolation.
Section 40-8-230. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Section 40-8-240. Except as provided in Section 40-8-200, no person including a cemetery company is permitted to establish a new public cemetery unless it is a perpetual care cemetery that meets all requirements of this chapter."
B. (A) As of October 1, 1992, the State Cemetery Board was not reauthorized by the General Assembly, and pursuant to Section 1-20-50(a)(4) of the 1976 Code, terminated on June 30, 1990.
(B) Chapter 55 of Title 39 of the 1976 Code is, therefore, repealed.
C. This section takes effect January 1, 2003.
SECTION 11. This act takes effect July 1, 2002, except as otherwise provided for in this act. /
Amend title to conform.
/s/Thomas C. Alexander /s/Harry F. Cato Clementa C. Pinckney /s/William E. Sandifer III /s/Robert L. Waldrep /s/Donny Wilder On Part of the Senate. On Part of the House.
Rep. CATO explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 29, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4426:
H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.
and asks for a Committee of Conference and has appointed Senators Mescher, Grooms and Matthews of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. MERRILL, J. YOUNG and SIMRILL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 29, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 852:
S. 852 (Word version) -- Senators Leatherman, Martin and Giese: A BILL TO AMEND SECTION 12-44-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO INCREASE THE EXTENSION ALLOWED IN THE INVESTMENT PERIOD FROM TWO TO FIVE YEARS; AND TO AMEND SECTION 12-44-90, RELATING TO THE FILING REQUIREMENTS UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT A MAXIMUM SIXTY-DAY EXTENSION FOR FILING RETURNS AND TO PROVIDE THE REQUIREMENTS TO OBTAIN THE EXTENSION.
and asks for a Committee of Conference and has appointed Senators Leatherman, Hayes and Moore of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. J. R. SMITH, COOPER and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 29, 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. 1087:
S. 1087 (Word version) -- Senator Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-1-15, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DD 214 ON FILE IN THE OFFICE OF THE CLERK OF COURT IS NOT A PUBLIC RECORD AND MUST NOT BE DISCLOSED OR RELEASED EXCEPT TO THE PERSON WHO IS THE SUBJECT OF THE DD 214, UPON PROOF OF IDENTITY SHOWN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 29, 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. 634:
S. 634 (Word version) -- Senators Wilson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-305 SO AS TO PROVIDE THAT UPON RECEIVING PROPER AUTHORITY FROM THE UNITED STATES GOVERNMENT, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY SHALL PROVIDE SELECTIVE SERVICE REGISTRATION FOR CERTAIN PERSONS AT THE TIME IT ISSUES, RENEWS, OR PROVIDES A DUPLICATE COPY OF A DRIVER'S LICENSE OR IDENTIFICATION CARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 29, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 1131:
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.
Very respectfully,
President
Received as information.
The Bill was ordered returned to the Senate upon their request.
The following was introduced:
H. 5376 (Word version) -- Reps. Dantzler, Hinson, Gourdine, Merrill, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, 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 HOUSE RESOLUTION TO COMMEND AND THANK THE HONORABLE JAMES NORRIS LAW OF BERKELEY COUNTY FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, the Honorable James Norris Law of Berkeley County has ably represented the citizens of House District No. 100 since 1993; and
Whereas, Representative Law is not seeking re-election to the House of Representatives in 2002; and
Whereas, James Norris Law was born on May 6, 1947, in Moncks Corner, South Carolina, the son of the late Norris S. and Rosa M. Law; and
Whereas, educated in the public schools of Berkeley County, James Norris Law is also a 1971 graduate of Massey College; and
Whereas, answering his country's call to arms, James Norris Law served in the United States Army from 1968 to 1971. He is a decorated combat veteran of the Vietnam War whose honorable and faithful service in Vietnam from 1969 to 1970 is attested by his being awarded the Bronze Star, the Army Commendation medal with "V" Device, and the Vietnam Cross of Gallantry with Palm; and
Whereas, James Norris Law's career in public service began as a Commissioner of Public Works in Moncks Corner, where he served in that capacity from 1978 to 1980. He served as a member of the Moncks Corner Town Council from 1980 to 1988, also serving two terms as Mayor Pro Tempore. He was elected Mayor of Moncks Corner in 1988 and served in that capacity until 1992, after which he was elected to his first term as a member of the House of Representatives; and
Whereas, active in community affairs, James Norris Law is a past Commander, American Legion Post 126, a member of the Lions Club, and a faithful member of the First Baptist Church in Moncks Corner; and
Whereas, a successful businessman, James Norris Law is a co-owner of Law's Wholesale, Inc., of Moncks Corner. He has one child and resides with his family at 105 Law Avenue, Moncks Corner; and
Whereas, Representative Law has brought insight to complex state issues as a member of the General Assembly and has provided genuine leadership in the House; and
Whereas, we hope only for the best that life has to offer our good and valued friend and our esteemed colleague in the future. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank the Honorable James Norris Law of Berkeley County for his outstanding service as a member of the House of Representatives and wish him well in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to our wonderful friend and distinguished colleague, James Norris Law of Moncks Corner.
The Resolution was adopted.
The following was introduced:
H. 5377 (Word version) -- Reps. Mack, Breeland, Whipper and R. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. JUANITA HARRISON GIVENS OF CHARLESTON COUNTY AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5378 (Word version) -- Reps. Quinn, Lourie, Barrett, Harrell, Allen, Allison, Altman, Askins, Bales, Barfield, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, 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 HOUSE RESOLUTION TO COMMEND AND THANK THE HONORABLE JAMES S. "JIM" KLAUBER OF GREENWOOD COUNTY FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, Jim Klauber has ably represented the fine citizens of House District 13 since 1995; and
Whereas, Representative Klauber is not seeking re-election to the House of Representatives, but instead has chosen to run for the Third Congressional District seat soon to be vacated by United States Representative Lindsey Graham; and
Whereas, Jim Klauber is a native of Greenwood County and is the beloved son of Dr. William and Betty Klauber; and
Whereas, Jim became an Eagle Scout at the age of eighteen and received the Boy Scout's prestigious God and Country Award; and
Whereas, Jim graduated with honors from The Citadel in 1989 and from the University of South Carolina School of Law in 1993; and
Whereas, even before graduating from law school, Jim was elected to both Greenwood City Council and the South Carolina House of Representatives, each time focusing on common sense, conservative issues, and unparalleled constituent service; and
Whereas, as a member of the House of Representatives, Jim distinguished himself on the important House Judiciary Committee as well as the House Rules Committee; and
Whereas, Representative Klauber has received awards from Mothers Against Drunk Driving and the S. C. Victims Assistance Network for championing stricter drunk driving legislation and fighting for the victims of crime; and
Whereas, Jim Klauber is also a seventeen year veteran of the United States Armed Forces, presently holding the rank of Major and Staff Judge Advocate for the 228th Signal Brigade in the South Carolina Army National Guard; and
Whereas, Jim is the loving husband of the former Teresa Wyatt and the very devoted dad to his daughter Bette, age five; and
Whereas, we hope only for the best that life has to offer our good friend and our esteemed colleague in the future. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, commend and thank the Honorable James S. "Jim" Klauber of Greenwood County for his outstanding service as a member of the House of Representatives and wish him well in all of his future endeavors.
Be it further resolved that a copy of this resolution be presented to our wonderful friend and distinguished colleague, Jim Klauber.
The Resolution was adopted.
Rep. COOPER moved to reconsider whereby S. 1208 received second reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5340 (Word version) -- Rep. J. M. Neal: A CONCURRENT RESOLUTION TO COMMEND AND EXTOL MR. JOHN TAYLOR, SUPERINTENDENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, FOR HIS DEDICATION TO EDUCATING CHILDREN IN SOUTH CAROLINA'S PUBLIC SCHOOLS.
H. 5348 (Word version) -- Reps. Koon, Bingham, Frye, Huggins, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND THE MANAGEMENT AND EMPLOYEES OF THE COLUMBIA METROPOLITAN AIRPORT AIR TRAFFIC CONTROL TOWER FOR THEIR DEDICATION TO AVIATION SAFETY, MAINTAINED AWARENESS, AND CONSTANT DESIRE TO PROVIDE THE VERY BEST IN SERVICE TO THE FLYING PUBLIC, AND TO CONGRATULATE THE COLUMBIA AIR TRAFFIC CONTROL TOWER FOR BEING SELECTED BY THE FEDERAL AVIATION ADMINISTRATION TO RECEIVE BOTH THE SOUTHERN REGIONAL AND THE NATIONAL LEVEL SEVEN AIR TRAFFIC FACILITY OF THE YEAR AWARDS FOR 2001.
H. 5349 (Word version) -- Reps. Koon, Bingham, Frye, Huggins, Riser and Stuart: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE LEXINGTON MEDICAL CENTER, ITS BOARD OF DIRECTORS AND CHIEF EXECUTIVE OFFICER, FOR HAVING THE VISION AND TENACITY IN MEETING AND EXCEEDING THE MEDICAL NEEDS OF THE CITIZENS OF LEXINGTON COUNTY AND THE MIDLANDS.
H. 5355 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MERIE BRADSHAW KING OF CLARENDON COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 5357 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE IN THE FIELD OF PUBLIC EDUCATION OF ANNE HIGHTOWER-PATTERSON OF COLUMBIA, PRINCIPAL OF CRAYTON MIDDLE SCHOOL IN RICHLAND SCHOOL DISTRICT ONE, ON THE OCCASION OF HER RETIREMENT AND WISHING FOR HER SUCCESS, HEALTH, AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
H. 5366 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND THE THAD E. SALEEBY DEVELOPMENTAL CENTER OF DARLINGTON COUNTY FOR ITS EXCELLENT SERVICE TO PERSONS WITH SPECIAL NEEDS, AND TO CONGRATULATE THE CENTER ON ITS DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RECERTIFICATION SURVEY WITH A SCORE OF ONE HUNDRED PERCENT.
The following was received:
Columbia, S.C., May 29, 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. 886:
S. 886 (Word version) -- Senators Leatherman, McGill, Land, Glover, Saleeby, Rankin and Elliott: AN ACT TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO ESTABLISH THE DESIGNATION OF "DISTRESSED COUNTY", PROVIDE THE CRITERIA FOR THE DESIGNATION AND ALLOW A TAX CREDIT EQUAL TO EIGHT THOUSAND DOLLARS FOR EACH NEW FULL-TIME JOB CREATED IN A DISTRESSED COUNTY; TO AMEND SECTION 12-10-85, AS AMENDED, RELATING TO THE STATE RURAL INFRASTRUCTURE FUND, SO AS TO CONFORM THE USE OF FUND REVENUES TO THE "DISTRESSED COUNTY" DESIGNATION AND TO INCREASE FROM FIVE TO TEN MILLION DOLLARS THE THRESHOLD ABOVE WHICH TWENTY-FIVE PERCENT OF FUND REVENUES MUST BE AVAILABLE FOR GRANTS IN COUNTIES ABOVE THE BOTTOM TWO DESIGNATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
At 5:15 p.m. the House, in accordance with the motion of Rep. STUART, adjourned in memory of Martha Cone, stepmother of Tom Cone, deputy director of Legislative Council, to meet at 10:00 a.m. tomorrow.
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