Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words recorded by St. Matthew, Chapter 7:7:
"Ask, and it will be given you;
Search, and you will find;
Knock, and the door will be opened for you."
Let us pray.
Father, we thank You for these words in times like these! Help us to believe them because our hearts cry out for them to be true.
With Holy Week for the Christians and the Passover for the Jews, we are reminded again that our praying is not only a privilege but a necessity.
Since it is one of our Lord's imperatives, we cry out, "Lord, I believe, help Thou my unbelief."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611-3845
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Bobby L. Morgan, P. O. Box 506, Marietta, S.C. 29661-0506
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Gerald W. Barron, Jr., 19 Linden Drive, Greenville, S.C. 29617
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Charles F. Crump, 217 Covington Road, Greenville, S.C. 29617 VICE Nelle G. Powers
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
J. W. Henderson, 26 Carter Street, Greenville, S.C. 29607
March 18, 2002
Mr. President and Members of the Senate:
I respectfully request withdrawal from your consideration the appointment listed below:
Respectfully,
Jim Hodges
Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2000, and to expire July 14, 2002
Highway Beautification
Diane Alford Marlow, 2600 Bull St., Columbia, S.C. 29201 - vacant
On motion of Senator RYBERG, the Senate acceded to the Governor's request and the Clerk was directed to return the appointment to the Governor.
Senator LEVENTIS introduced Dr. William Ward of Sumter, S.C., Doctor of the Day.
Senator PEELER rose for an Expression of Personal Interest.
Senator PINCKNEY rose for an Expression of Personal Interest.
S. 985 (Word version) -- Senators Grooms, Ravenel, Mescher, Kuhn, Ford and Pinckney: A BILL TO AMEND SECTION 6-1-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE DEVELOPMENTAL IMPACT FEE ACT, SO AS TO REVISE THE DEFINITION OF "PUBLIC FACILITIES" TO INCLUDE SCHOOL BUILDINGS AND FACILITIES.
On motion of Senator KUHN, with unanimous consent, the name of Senator KUHN was removed as a co-sponsor of S. 985.
H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator SETZLER asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Joint Resolution was recalled from the committee.
Senator SETZLER asked unanimous consent to give the Joint Resolution a second reading.
The Joint Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SETZLER, with unanimous consent, H. 4497 was ordered to receive a third reading on Wednesday, March 27, 2002.
The following were introduced:
S. 1154 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN CONDITIONS.
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Senator PATTERSON spoke on the Bill
Read the first time and, on motion of Senator PATTERSON, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator COURSON, with unanimous consent, S.1154 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1155 (Word version) -- Senator Courson: A SENATE RESOLUTION CONGRATULATING DUTCH FORK HIGH SCHOOL FOR EARNING THE COVETED "PALMETTO'S FINEST" AWARD AND FOR EARNING THE SCHOOL GRADE OF "EXCELLENT" ON ITS ANNUAL SCHOOL REPORT CARD ISSUED BY THE STATE UNDER THE EDUCATION ACCOUNTABILITY ACT.
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The Senate Resolution was adopted.
S. 1156 (Word version) -- Senator Land: A SENATE RESOLUTION TO EXPRESS HEARTFELT SYMPATHY TO THE FAMILY AND MANY FRIENDS OF REVEREND JOHN HENRY ELLISON UPON HIS PASSING AND TO RECOGNIZE HIS EFFORTS TO PREACH THE WORD OF GOD IN NURSING HOMES AND COMMUNITY CENTERS THROUGHOUT THE STATE.
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The Senate Resolution was adopted.
S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
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Read the first time and referred to the Committee on Education.
S. 1158 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1159 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO INCREASE THE AMOUNTS OF THE TAXES; TO AMEND SECTIONS 12-21-1020, 12-21-1030, 12-21-1040, AND 12-21-1310 RELATING TO TAXES ON BEER AND WINE, SO AS TO INCREASE THE AMOUNTS OF THE TAXES; AND TO AMEND SECTIONS 12-33-230, 12-33-240, 12-33-245, 12-33-410, 12-33-420, 12-33-425, AND 12-33-460, RELATING TO TAXES ON ALCOHOLIC LIQUORS, SO AS TO INCREASE THE AMOUNTS OF THE TAXES.
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Read the first time and referred to the Committee on Finance.
S. 1160 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1161 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-305 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM GIVING NOTICE TO HEALTH CARE FACILITIES PRIOR TO CONDUCTING AN INSPECTION OF THE FACILITY.
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Read the first time and referred to the Committee on Medical Affairs.
H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Read the first time and referred to the Committee on Education.
H. 4949 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO COMMEND GLAXOSMITHKLINE, NOVARTIS, PFIZER, AND ELI LILLY PHARMACEUTICAL COMPANIES FOR STEPPING FORWARD WITH THEIR PLANS TO REDUCE PRESCRIPTION COSTS FOR SOUTH CAROLINA'S ELDERLY CITIZENS, AND TO URGE STATE POLICY MAKERS TO CONTINUE TO HELP FOSTER THESE COOPERATIVE EFFORTS OF STATE GOVERNMENT AND LOCAL AND NATIONAL COMPANIES ALL WITH THE GOAL OF ENHANCING THE HEALTH CARE OPTIONS AND OPPORTUNITIES FOR ALL OF OUR STATE'S CITIZENS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4950 (Word version) -- Reps. Miller, 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, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MARCH 25-30, 2002, AS "SOUTH CAROLINA MARINE AND WILDERNESS INSTITUTE WEEK" AND TO URGE COMMUNITY SUPPORT AND PARTICIPATION IN THE REDUCTION AND PREVENTION OF JUVENILE CRIME.
The Concurrent Resolution was introduced and referred to the Committee on Corrections and Penology.
H. 4951 (Word version) -- Reps. J. Young, G. Brown, J.H. Neal, G.M. Smith and Weeks: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO ALL THE FAMILY AND FRIENDS OF MR. CLIFTON C. GOODWIN, JR., OF SUMTER COUNTY, UPON LEARNING OF HIS PASSING AND TO PAUSE TO RECOGNIZE HIS SELFLESS ACTS OF SERVICE TO HIS NATION, STATE, AND COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4952 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND WILLIAM P. BASKIN III OF BISHOPVILLE, SOUTH CAROLINA, FOR ALL HE HAS DONE TO IMPROVE THE LIVES OF HIS FELLOW SOUTH CAROLINIANS AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS UPON HIS RETIREMENT AS CHIEF OF THE BISHOPVILLE RESCUE SQUAD.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4953 (Word version) -- Reps. J.E. Smith, 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, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 391 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "REGISTERED NURSE FIRST ASSISTANTS ACT" WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT, WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS PAY FOR SURGICAL FIRST ASSISTING SERVICES, THEY MUST PAY FOR A RNFA WHO PERFORMS SUCH SERVICES.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:
S. 753 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 44-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITATION TO ARTICLE 3, CHAPTER 7, TITLE 44, ENTITLED "STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT", SO AS TO REVISE THE ARTICLE NAME; TO AMEND SECTION 44-7-120, AS AMENDED, RELATING TO THE PURPOSE OF THIS ARTICLE, SO AS TO REVISE THE PURPOSE TO INCLUDE CARRYING OUT THE STATE'S HEALTH PLANNING EFFORT AND TO DELETE THE PROVISION RELATING TO DEVELOPING PROCEDURES FOR THE APPLICATION AND REVIEW PROCESS FOR CERTIFICATES OF NEED; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS USED IN THIS ARTICLE, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DELETE OTHERS; TO AMEND SECTION 44-7-150, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN CARRYING OUT THE PURPOSES OF THIS ARTICLE, SO AS TO INCLUDE DATA COLLECTION; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES UNDER WHICH A CERTIFICATE OF NEED IS REQUIRED, SO AS TO REVISE THESE CIRCUMSTANCES; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE ARTICLE, SO AS TO REVISE THE EXEMPTIONS; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE HEALTH PLANNING COMMITTEE AND THE STATE HEALTH PLAN, SO AS TO REVISE THE CONTENTS OF THE PLAN AND TO REQUIRE THAT THE DEPARTMENT BE NOTIFIED WHEN A PERSON PROPOSES TO OFFER HEALTH SERVICES FOR WHICH UTILIZATION DATA ARE MAINTAINED IN THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-190 RELATING TO PROJECT REVIEW CRITERIA FOR USE IN DETERMINING THE NEED FOR HEALTH CARE FACILITIES, BEDS, SERVICES, AND EQUIPMENT, SO AS TO SPECIFICALLY DEFINE THE EQUIPMENT REQUIRING USE OF THIS CRITERIA IN DETERMINING THE NEED FOR THE EQUIPMENT; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOR COMPLETION OF CERTIFICATE OF NEED APPLICATIONS AND FOR APPEALS OF STAFF DECISIONS, SO AS TO CLARIFY THESE PROCEDURES TO REVISE THE DATE INDICATING WHEN CERTAIN METHADONE TREATMENT FACILITIES DO NOT HAVE TO OBTAIN A CERTIFICATE OF NEED; TO AMEND SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF A FINAL BOARD DECISION, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO LIMITATIONS ON A CERTIFICATE OF NEED, SO AS TO PROVIDE PENALTIES WHEN IMPLEMENTATION OF A PROJECT OR THE OPERATION OF A FACILITY IS NOT IN ACCORDANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 44-69-75, AS AMENDED, RELATING TO HOME HEALTH AGENCIES REQUIRING A CERTIFICATE OF NEED, SO AS TO DELETE THE PROVISION EXEMPTING HOME HEALTH AGENCIES FROM THE CERTIFICATE OF NEED IF THE AGENCY PROVIDED HOME HEALTH SERVICES BEFORE JULY 1, 1980; TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY BEFORE JULY 1, 2003, OF OTHER STATES THAT HAVE REPEALED THEIR CERTIFICATE OF NEED PROGRAMS; AND TO REPEAL SECTION 44-7-185 RELATING TO A TASK FORCE TO STUDY OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES AND SECTION 44-7-240 RELATING TO FACILITIES CONSTRUCTION PROGRAM.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J.M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J.E. Smith, J.R. Smith, Taylor, Thompson, Trotter, Walker, White, Witherspoon and Knotts, Clyburn and Rice: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4529 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 4593 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR PERMITTING BODY PIERCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2623, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4946 favorable:
H. 4946 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 24, 2002, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
AYES
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4927 favorable:
H. 4927 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, APRIL 9, 2002, 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 MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2002, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
AYES
Courson Matthews Patterson O'Dell McGill Waldrep Alexander Bauer Peeler Elliott Kuhn
On motion of Senator COURSON, with unanimous consent, the Resolution was taken up for immediate consideration.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Resolution.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., March 21, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
asks for a Committee of Conference, and has appointed Reps. Riser, Ott and Witherspoon to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J.M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Whereupon, Senators HUTTO, GREGORY and GROOMS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4455 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 16-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSIFYING OR ALTERING COLLEGE TRANSCRIPTS OR DIPLOMAS AND THE FRAUDULENT USE OF THE FALSIFIED OR ALTERED TRANSCRIPTS OR DIPLOMAS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO HIGH SCHOOL DIPLOMAS AND TRANSCRIPTS INCLUDING GED DIPLOMAS.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 42 (Word version) -- Senators J. Verne Smith, Giese, Branton and Reese: 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.
S. 1005 (Word version) -- Senators J. Verne Smith, Ryberg, Ravenel, Peeler, Grooms, Thomas, Giese, Ritchie, Anderson, Branton, Courson, Alexander, Fair, Mescher, Martin, Hawkins, Hayes, Kuhn, Leatherman and O'Dell: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES ISSUED BY COUNTY ASSESSORS AND THE TIME ALLOWED FOR APPEALS OF THE VALUES PROVIDED IN THESE NOTICES, SO AS TO PROVIDE THAT A NOTICE OF OBJECTION TO A PROPOSED VALUE IN A PROPERTY TAX ASSESSMENT NOTICE MAY BE TIMELY FILED AT ANY TIME AND THIS NOTICE OF OBJECTION APPLIES FOR ALL OPEN PROPERTY TAX YEARS.
Senator J. VERNE SMITH explained the Bill.
On motion of Senator MOORE, with unanimous consent, the names of Senators BAUER, DRUMMOND, ELLIOTT, FORD, GLOVER, GREGORY, HOLLAND, HUTTO, JACKSON, LAND, LEVENTIS, MATTHEWS, McCONNELL, McGILL, MOORE, PATTERSON, PINCKNEY, RANKIN, REESE, RICHARDSON, SALEEBY, SETZLER, SHORT, VERDIN and WALDREP were added as co-sponsors of S.1005.
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
S. 1138 (Word version) -- Judiciary Committee: A BILL TO AMEND CHAPTER 3, TITLE 53, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL DAYS, SO AS TO DESIGNATE SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY".
S. 1142 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1143 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NITROGEN OXIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2593, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1144 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2640, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1146 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1109 (Word version) -- Senators McConnell, Moore, Land and Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
Senator THOMAS proposed the following Amendment No. 1 (DKA\ 4806DC02), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding appropriately numbered sections to read:
/ SECTION __. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:
"In addition to the exemptions provided and authorized in this section, owner-occupied residential property and motor vehicles are exempt from property tax with the revenue not collected thereby replaced by a county sales and use tax imposed in the manner that the General Assembly provides by law. After implementation of the exemptions allowed by this paragraph, property tax millage imposed by property taxing jurisdictions in the county must not exceed the millage imposed in the year of implementation of these exemptions. Where the necessary rate of the county sales and use tax exceeds by more than fifty percent the average of the rate of such taxes in all counties, the governing body of the county, by an affirmative two-thirds vote, may determine not to impose the sales and use tax and, upon such a vote, the exemptions and millage rate limitation provided by this paragraph shall not apply in the county."
SECTION__. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions, be amended so as to exempt owner-occupied residential property and motor vehicles from property tax with the revenue not collected thereby replaced by a county sales and use tax imposed as the General Assembly shall provide by law, to provide that property tax millage rates applicable in the county must not exceed the millage rate applicable for the year of implementation of the exemptions allowed by this amendment and provide that these exemptions and the millage limitation do not apply in a county where the rate of the sales and use tax required exceeds by more than fifty percent the average of these taxes in all counties if the governing body of the county, by an affirmative two-thirds vote, determines not to impose the sales and use tax?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it would require a subsequent referendum.
Senator THOMAS spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator THOMAS spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator McCONNELL moved that the text of the Joint Resolution be printed upon the pages of the Journal and the Joint Resolution be ordered to receive a third reading.
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 8, Article XVII of the Constitution of this State be amended to read:
"Section 8. It shall be unlawful for any person holding an office of honor, trust, or profit to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death. This prohibition does not apply to participation in lotteries conducted by the State of South Carolina."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 8, Article XVII of the Constitution of this State relating to the prohibition on public officers gambling or betting on games of chance, be amended so as to provide an exception that allows participation in lotteries conducted by the State of South Carolina?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The question then was the third reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Kuhn Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
The Joint Resolution was read the third time, passed and ordered returned to the House of Representatives.
S. 820 (Word version) -- Senators Reese, Elliott and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH "CLONING" TO GROW OR CREATE A HUMAN BEING, OR ANY HUMAN PART, OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (JUD0820.006), which was adopted:
Amend the bill, as and if amended, page 1, line 41, in Section 16-17-745(D), as contained in SECTION 1, by striking line 41 in its entirety and inserting therein the following:
/ the cloning of a human being. Academic discussion, non-clinical research, or writing on the cloning of a human being does not constitute evidence of conspiracy to clone a human being. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1123 (Word version) -- Senators Mescher and Kuhn: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.
H. 3672 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING AIKEN COUNTY TO THE GOVERNING BODY OF AIKEN COUNTY AND TO PROVIDE EXCEPTIONS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE proposed the following amendment (3672R002.TLM):
Amend the bill, as and if amended, by striking SECTION 1 and inserting the following:
/SECTION 1. (A) Except for the appointment of magistrates as provided in Section 22-1-10, appointments or recommendations for appointments to offices, boards, and commissions are made by or upon the recommendation of the House Delegation, Senate Delegation, or Joint Legislative Delegation of Aiken County, or any other member or combination of members of the General Assembly by reason of their representing all or a portion of Aiken County, such appointments or recommendations must be made by or upon the recommendation of a majority of the members of the governing body of Aiken County.
(B) The application of subsection (A) does not include:
(1) Veterans Affairs Officer for Aiken County;
(2) members of the Registration and Elections Commission for Aiken County;
(3) the executive director of the Registration and Election Commission for Aiken County;
(4) Aiken County Legislative Delegation Office personnel; and
(5) Aiken County Transportation Committee. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator RYBERG objected to further consideration of the Bill.
S. 1145 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PUBLIC SWIMMING POOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator PEELER, with unanimous consent, the Joint Resolution was carried over.
S. 1147 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator PEELER, with unanimous consent, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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; AND TO AMEND OTHER SECTIONS OF TITLE 40 RELATED TO FUNERAL DIRECTORS, FUNERAL HOMES, AND CREMATORIES. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE was recognized.
On motion of Senator MOORE, with unanimous consent, Amendment No. 5A was taken up for immediate consideration.
Senators J. VERNE SMITH, ALEXANDER and LAND proposed the following amendment (NBD\11462AC02), which was adopted:
Amend the bill, as and if amended, Section 10, page 12, line 14 after /This act takes effect July 1, 2002/ by inserting /, except as otherwise provided for in this act./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Title 40 of the 1976 Code is amended by adding:
Perpetual Care Cemeteries
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;
(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;
(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;
(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;
(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;
(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;
(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;
(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./
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates 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" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; 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 INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A 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, SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS, SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.
Senator MARTIN moved that the Bill be made a Special Order.
Senator FORD objected.
Senator FORD argued contra to the motion.
The question then was the motion to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hayes Kuhn Leatherman Martin McConnell Mescher O'Dell Peeler Ravenel Richardson Ritchie Ryberg Setzler Smith, J. Verne Verdin Waldrep
Anderson Ford Hutto Jackson Land Leventis
Matthews McGill Moore
Patterson
The Bill was made a Special Order.
We voted "no" on the motion to set H. 3142 for Special Order. This Bill deals primarily with the "Right to Work" law in South Carolina. Currently, South Carolina has the strongest "Right to Work" statutes in the United States. This Bill merely repeats existing law and is designed for political games in the upcoming election cycles. We believe South Carolinians are very tired of and disgusted with political games.
H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W.D. Smith, Thompson, Trotter, White, A. Young, Campsen, Bingham, Altman and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
Senator MARTIN moved that the Bill be made a Special Order.
Senator HUTTO objected.
Senator HUTTO argued contra to the motion.
Senator MARTIN spoke on the motion.
On motion of Senator MOORE, with unanimous consent, the Bill was made a Special Order.
Having received a favorable report from the Greenville County Delegation, the following appointments were confirmed in open session:
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611-3845
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Bobby L. Morgan, P. O. Box 506, Marietta, S.C. 29661-0506
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Gerald W. Barron, Jr., 19 Linden Drive, Greenville, S.C. 29617
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Charles F. Crump, 217 Covington Road, Greenville, S.C. 29617 VICE Nelle G. Power
Initial Appointment, Greenville County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
J. W. Henderson, 26 Carter Street, Greenville, S.C. 29607
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Kerry Dozier of Rock Hill, S.C.
At 1:02 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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