Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the word is that "sometime this week" Senator ED SALEEBY will undergo surgery in McLeod Hospital in Florence. Hear word from the physician, St. Luke, Chapter 5:17:
"and the power of the Lord was with him to heal."
Let us pray.
Father, we commend to Your tender care our brother, Ed.
Grant, dear Lord, to the doctors, the nurses and the technicians, all the skills needful for the healing of Ed's body... and a full measure of Your Divine Grace.
Give to his family the sense of Your Presence and Power... and peace of mind! Lift up their hearts!
Guide us here and make us equal to our tasks; and to You, O lord, we give our thanks, honor and praise!
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, Berkeley County Master-in-Equity, with term to commence November 7, 2002, and to expire November 7, 2008
Robert E. Watson, P. O. Box 118, Moncks Corner, S.C. 29461
Reappointment, Charleston County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
At-Large
Alice E. Mitchell, 2011 Savage Road, Charleston, S.C. 29407
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. John L. Miles, 152 East Friendfield Road, Coward, S.C. 29583
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2000, and to expire October 21, 2004
Allendale County
Heather Lea Simmons, P. O. Box 190, Allendale, S.C. 29810 VICE Henry C. Scott
Senator PEELER asked unanimous consent to recall the following appointment from the Committee on Medical Affairs.
There was no objection and the appointment was recalled.
Senator PEELER asked unanimous consent to make a motion to commit the following appointment to the Committee on Judiciary.
There was no objection and the appointment was committed to the Committee on Judiciary.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2002, and to expire April 1, 2006
Lewis E. Cooley, 3 Holland East Court, Simpsonville, S.C. 29681-5817 VICE Jack D. Leard
Senator MATTHEWS introduced Dr. Lamar W. Dawkins of Orangeburg, S.C., Doctor of the Day.
At 11:10 A.M., Senator SETZLER requested a leave of absence from 4:00 - 7:00 P.M. today.
At 11:15 A.M., Senator ANDERSON requested a leave of absence, beginning at 2:30 P.M., for the balance of the day.
H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J.E. Smith, Stuart and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
H. 4826 (Word version) -- Reps. Edge, Keegan, Kelley, Barfield, Miller and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH THE CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
H. 3167 (Word version) -- Reps. J. Young, Simrill, Whatley, Davenport, Sandifer, Vaughn, Robinson, Altman, Loftis, White, Lourie and Campsen: A BILL TO ENACT THE "SOUTH CAROLINA EXILE ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE INCREASED PENALTIES FOR AN OFFENDER WITH A PREVIOUS CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 16-23-490, AS AMENDED, RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING COMMISSION OF A VIOLENT CRIME, SO AS TO PROVIDE A SEPARATE OFFENSE FOR THE POSSESSION OF A FIREARM DURING AN OFFENSE INVOLVING A CONTROLLED SUBSTANCE AND TO PROVIDE A SEPARATE, MANDATORY MINIMUM TERM OF IMPRISONMENT UPON CONVICTION; TO AMEND SECTION 17-15-10, RELATING TO BAIL AND RECOGNIZANCE, SO AS TO ADD OTHER CONDITIONS OF RELEASE AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-15-30, RELATING TO THE COURT'S CONSIDERATION OF CERTAIN FACTORS WHEN MAKING A BAIL DECISION, SO AS TO PROVIDE ADDITIONAL FACTORS AND TO REQUIRE THE COURT TO CONSIDER EACH FACTOR WHEN MAKING ITS DECISION; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS, SO AS TO PROVIDE ADDITIONAL OFFENSES FOR WHICH THE MAGISTRATE MAY DENY BAIL AND TO REQUIRE THE MAGISTRATE TO OBTAIN, WHEN FEASIBLE, THE PERSON'S CRIMINAL HISTORY FROM THE ARRESTING LAW ENFORCEMENT AGENCY BEFORE CONDUCTING THE BOND HEARING AND TO PROVIDE A DEFINITION OF CRIMINAL HISTORY.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
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.
Senator PATTERSON asked unanimous consent to make a motion to recall the Bill from the House of Representatives.
There was no objection.
A message was sent to the House accordingly.
The House returned the Bill, as requested.
Senator PATTERSON asked unanimous consent to take up the Bill for immediate consideration.
Senator GIESE objected.
S. 1007 (Word version) -- Senators Bauer, Gregory, Ravenel, Ritchie, Branton, Hawkins, Fair, Hayes and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 23-1-240 SO AS TO PROVIDE THAT MONIES FOR THE PREMIUMS FOR TORT LIABILITY INSURANCE FOR STATE CONSTABLES OBTAINED THROUGH THE OFFICE OF INSURANCE SERVICES OF THE BUDGET AND CONTROL BOARD AND FOR WORKERS' COMPENSATION INSURANCE MUST BE PROVIDED BY APPROPRIATIONS TO THE STATE LAW ENFORCEMENT DIVISION; AND SECTION 42-1-135 SO AS TO PROVIDE THAT THE TERM "EMPLOYEE" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW INCLUDES ALL SOUTH CAROLINA STATE CONSTABLES WHILE PERFORMING DUTIES IN CONNECTION WITH THEIR APPOINTMENT; AND TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO THE DESIGNATION OF "AVERAGE WEEKLY WAGE" FOR CERTAIN CATEGORIES OF PERSONS FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR ALL VOLUNTEER STATE CONSTABLES SERVING WITHOUT COMPENSATION IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence with the House amendments.
Senator McCONNELL proposed the following amendment (JUD1007.005), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION ___. Section 42-1-130 of the 1976 Code is amended to read:
"Section 42-1-130. The term 'employee' means every person engaged in an employment under any appointment, contract of hire, or apprenticeship, expressed or implied, oral or written, including aliens and also including minors, whether lawfully or unlawfully employed, but excluding excludes a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer; and as relating to those employed by the State;, the term 'employee' includes all members of the South Carolina State and National Guard while performing duties in connection with the membership except duty performed pursuant to Title 10 and Title 32 of the United States Code,; all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division; and all officers and employees of the State, except those elected by the people, or by the General Assembly, or appointed by the Governor, either with or without the confirmation of the Senate; and as relating to municipal corporations and political subdivisions of the State;, the term 'employee' includes all officers and employees of municipal corporations and political subdivisions, except those elected by the people or elected by the council or other governing body of any municipal corporation or political subdivision, who act in purely administrative capacities and are to serve for a definite term of office. Any reference to an employee who has been injured, or when the employee is dead, includes also his legal representative, dependents, and other persons to whom compensation may be payable.
Any sole proprietor or partner of a business whose employees are eligible for benefits under this title may elect to be included as employees under the workers' compensation coverage of the business if they are actively engaged in the operation of the business and if the insurer is notified of their election to be included. Any sole proprietor or partner, upon such this election, is entitled to employee benefits and is subject to employee responsibilities prescribed in this title."
SECTION ___. Section 42-7-65 of the 1976 Code is amended to read:
"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:
(1) For for all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.;
(2) For for all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.;
(3) For for all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.;
(4) For for all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.; and
(5) for all volunteer state constables appointed pursuant to Section 23-1-60, while performing duties in connection with their appointments and authorized by the State Law Enforcement Division, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), (3), and (4), and (5) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), (3), and (4), and (5) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.
Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. No volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality. A voluntary constable appointed pursuant to Section 23-1-60 shall be included under the provisions of this title only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division and only if approved and funded by the governing body of the entity using his services as a voluntary state constable. Notwithstanding any other provision of law, voluntary firemen of organized volunteer fire units and members of organized volunteer rescue squads are covered under this title by the county governing body unless the governing body of the county opts out of the coverage.
The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, marketing education, or apprentice programs on the premises of private companies or while engaged in the Tech Prep or other structured school-to-work programs on the premises of a sponsoring employer is fifty percent of the average weekly wage in the State for the preceding fiscal year."
SECTION ___. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 1246 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
The House returned the Joint Resolution with amendments.
The Senate proceeded to a consideration of the Joint Resolution, the question being the concurrence with the House amendments.
Senator MOORE proposed the following amendment (MOORE1-1246), which was adopted:
Amend the joint resolution, as and if amended, by striking in its entirety and inserting the following:
TO ESTABLISH A COMMITTEE TO STUDY REVISIONS IN THE MANNER IN WHICH THE IMPROVEMENT RATINGS OF SCHOOLS UNDER THE EDUCATION ACCOUNTABILITY ACT IS DETERMINED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) A committee of nine members is established to study and make recommendations concerning revisions to the manner in which the improvement ratings of schools under the Education Accountability Act is determined. The study of the committee shall include, but is not limited to, consideration of the following matters:
(1) revisions to consider:
(a) any significant improvement made by all students between one performance level to the next,
(b) the constant performance of students who perform consistently well from one year to the next, and
(c) students who fall one to five points of reaching the desired performance level, given that many of these same students may have been ten to twenty points short of the mark the previous year;
(2) revisions so that the improvement rating will not be determined under a weighted scheme, which disallows the consideration of individual student improvement, and revisions to avoid the requirement that in order for improvement to be calculated, the student has to move to a different performance level;
(3) adjustments to the improvement rating scale because differences are much too small between the levels at which a rating is assigned, and there is no margin for natural fluctuation. These adjustments should, therefore, include expanding the data points in the scale.
(B) The committee shall consist of nine members, three of whom shall be appointed by the Governor, three shall be appointed by the President Pro Tempore of the Senate, and three shall be appointed by the Speaker of the House of Representatives. The committee shall meet as soon as possible after organizing and elect a chairman and such other officers as it considers necessary. The task force shall issue their report to the House Education and Public Works Committee and the Senate Education Committee no later than January 15, 2003.
(C) Task force members shall receive the usual mileage, subsistence, and per diem provided by law for members of state boards, commissions, and committees while on official business of the task force to be paid from the funds of their appointing authority. Upon issuance of their report, the task force shall be abolished.
SECTION 7. This joint resolution takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was ordered returned to the House with amendments.
The following were introduced:
S. 1315 (Word version) -- Senators Hawkins, Reese and Ritchie: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE LANDRUM HIGH SCHOOL BASEBALL TEAM FOR THEIR OUTSTANDING 2002 CLASS A STATE CHAMPIONSHIP WIN, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
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The Senate Resolution was adopted.
S. 1316 (Word version) -- Senators Matthews and Hutto: A SENATE 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.
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The Senate Resolution was adopted.
S. 1317 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO COMMEND THE "BULLDOGS" OF BOWMAN ACADEMY VARSITY BOYS BASEBALL TEAM AND COACHES FOR AN OUTSTANDING SEASON OF SPIRITED BASEBALL AND TO CONGRATULATE THEM ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION'S CLASS A STATE BOYS BASEBALL CHAMPIONSHIP FOR 2002, THEIR THIRD STATE CHAMPIONSHIP IN A ROW.
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The Senate Resolution was adopted.
S. 1318 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION BY ADOPTING THE "ACCESS TO CANCER THERAPIES ACT OF 2001" (H.R. 1624; S.913) WHICH WILL PROVIDE MEDICARE COVERAGE FOR ALL ORAL ANTI-CANCER DRUGS.
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The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
S. 1319 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND THEIR POWERS AND DUTIES, THE ELECTION OF THE ORANGEBURG COUNTY BOARD OF EDUCATION AND ITS POWERS AND DUTIES, THE AUTHORITY AND PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE, SO AS REVISE CERTAIN POWERS AND DUTIES AND CERTAIN PROCEDURES FOR LEVYING, COLLECTING, AND DISBURSING MILLAGE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator MATTHEWS, with unanimous consent, S.1319 was ordered to receive a second reading with notice of general amendments on third reading on the next legislative day.
S. 1320 (Word version) -- Senator Giese: A SENATE RESOLUTION TO COMMEND WILLIAM SHEPARD McANINCH FOR HIS LONG AND OUTSTANDING CAREER AS PROFESSOR OF LAW AT THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM HEALTH AND HAPPINESS FOR MANY YEARS TO COME ON THE OCCASION OF HIS RETIREMENT.
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The Senate Resolution was adopted.
S. 1321 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF NATURAL RESOURCES TO NAME THE SANTEE RIVER BOAT LANDING WHERE U. S. HIGHWAY 17-A AND S. C. HIGHWAY 41 CROSS THE SANTEE RIVER ABOVE JAMESTOWN IN BERKELEY COUNTY THE "LENUD'S FERRY BOAT LANDING" IN RECOGNITION OF THE FORTY-ONE PATRIOTS WHO IN MAY OF 1780, GAVE THEIR LIVES TO SECURE AMERICAN INDEPENDENCE.
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On motion of Senator GROOMS, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
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".
Read the first time and referred to the Committee on Judiciary.
Senator SHORT asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
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.
Read the first time and referred to the Committee on Judiciary.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator O'DELL, with unanimous consent, the Bill was ordered to receive a second reading with notice of general amendments on Thursday, May 30, 2002.
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.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
On motion of Senator VERDIN, with unanimous consent, H. 5319 was ordered to receive a second and third reading on the next two consecutive legislative days.
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.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 5321 (Word version) -- Reps. McLeod and Wilder: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE BOUNDARIES OF CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE DELINEATION OF CERTAIN PRECINCTS IS DESCRIBED.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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 adopted, ordered returned to the House.
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.
On motion of Senator MARTIN, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators MARTIN, WALDREP and HUTTO were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Miller, Snow and Barfield to the Committee of Conference on the part of the House on:
H. 5202 (Word version) -- Reps. Miller, Snow, Kelley, Barfield, Harvin and Kennedy: A JOINT RESOLUTION TO CREATE A COMMITTEE COMPOSED OF APPOINTEES MADE BY THE LEGISLATIVE DELEGATIONS REPRESENTING HORRY, GEORGETOWN, AND WILLIAMSBURG COUNTIES TO STUDY THE ISSUES ASSOCIATED WITH THE DELIVERY OF WATER AND SEWER SERVICES TO THE USERS IN THESE THREE COUNTIES WITH THE FOCUS OF THE STUDY BEING ON THE FEASIBILITY OF ESTABLISHING A THREE COUNTY REGIONAL WATER AND SEWER AUTHORITY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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", 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.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 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.
Very respectfully,
Speaker of the House
Received as information.
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.
On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to S. 852 and asked for a Committee of Conference.
Whereupon, Senators LEATHERMAN, HAYES and MOORE were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Harrell, Cooper and J. R. Smith to the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4426 (Word version) -- Reps. 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.
Very respectfully,
Speaker of the House
Received as information.
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.
On motion of Senator McCONNELL, the Senate insisted upon its amendments to H. 4426 and asked for a Committee of Conference.
Whereupon, Senators MESCHER, GROOMS and MATTHEWS were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Merrill, J. Young and Simrill to the Committee of Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3851 (Word version) -- Reps. J.E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER'S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO PROHIBIT MANDATES ON HEALTH INSURANCE PLANS BEYOND WHAT IS REQUIRED AS OF JANUARY 1, 2002.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4909 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG PRESCRIPTIONS AUTHORIZING SUBSTITUTION OF A GENERIC DRUG, SO AS TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THESE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS OF TERMS USED IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE "CERTIFIED PHARMACY TECHNICIAN"; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION QUALIFICATIONS FOR PHARMACY TECHNICIANS, SO AS TO REVISE THESE QUALIFICATIONS AND TO FURTHER SPECIFY APPLICATION AND RENEWAL PROCEDURES; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS PHARMACY FACILITY AND PRACTICE REQUIREMENTS, SO AS TO PROVIDE THAT IN PROVIDING ADEQUATE STAFFING, A PHARMACIST-IN-CHARGE IS NOT REQUIRED TO EMPLOY CERTIFIED PHARMACY TECHNICIANS, TO PROVIDE THAT EMERGENCY MEDICAL SERVICES AND DURABLE MEDICAL EQUIPMENT FACILITIES ARE NOT REQUIRED TO HAVE A CONSULTANT PHARMACIST AND TO AUTHORIZE OTHER HEALTH PROFESSIONALS WITH THESE SERVICES OR FACILITIES TO PERFORM THE DUTIES THAT WOULD HAVE BEEN PERFORMED BY A CONSULTANT PHARMACIST, AND TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THOSE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-89, RELATING TO VARIOUS REQUIREMENTS RELATING TO WHOLESALE PHARMACY DISTRIBUTORS, SO AS TO CLARIFY PROVISIONS AND TO DELETE DUPLICATE STATUTORY PROVISIONS RELATING TO PERMIT APPLICATION PROCEDURES; TO AMEND SECTION 40-43-90, RELATING TO PERMIT APPLICATION PROCEDURES, SO AS TO FURTHER PROVIDE FOR PERMIT RENEWAL PROCEDURES AND FOR CHANGE OF NAME OR OWNER CIRCUMSTANCE WHICH REQUIRE A NEW PERMIT TO BE OBTAINED; TO AMEND SECTION 40-43-91, RELATING TO INFORMATION THAT MUST BE REPORTED TO THE BOARD OF PHARMACY ON DRUG THEFT AND EMPLOYEE DRUG CONVICTIONS, SO AS TO INCREASE THE TIME FOR REPORTING THESE EVENTS AND TO REQUIRE FORMAL ALLEGATIONS OF DRUG VIOLATIONS TO BE REPORTED; TO AMEND SECTION 40-43-110, RELATING TO PHARMACY PERMIT AND LICENSE APPLICATION AND RENEWAL PROCEDURES, SO AS TO FURTHER SPECIFY AND CLARIFY THESE PROCEDURES; AND TO AMEND SECTION 40-43-130, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS, SO AS TO ALSO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR REGISTERED PHARMACY TECHNICIANS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4968 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 47-9-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF BRANDS, SO AS TO PROVIDE THAT A REGISTERED BRAND IS THE PROPERTY OF THE PERSON ADOPTING AND REGISTERING THE BRAND, HIS HEIRS AND ASSIGNS, UNTIL AND UNLESS THE BRAND IS CANCELLED OR REVOKED AS PROVIDED IN THIS ARTICLE; TO AMEND SECTION 47-9-340, RELATING TO CANCELLATION OF REGISTRATION, SO AS TO DELETE AN OBSOLETE PROVISION; AND TO REPEAL SECTIONS 47-9-310 AND 47-9-320 OF THE 1976 CODE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5215 (Word version) -- Reps. Taylor and Wilder: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Initial Appointment, Berkeley County Master-in-Equity, with term to commence August 31, 2002 and to expire November 7, 2002:
Mr. Robert E. Watson, P. O. Box 118, Moncks Corner, S.C. 29461 VICE John B. Williams
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 28, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 2002 and to expire November 7, 2008:
Mr. Robert E. Watson, P. O. Box 118, Moncks Corner, S.C. 29461
Very respectfully,
Speaker of the House
Received as information.
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.
The House returned the Bill with amendments.
On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 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.
The House returned the Bill with amendments.
On motion of Senator LEVENTIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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 House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 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 House returned the Bill with amendments. The question was concurrence in the House amendments.
Senator HUTTO spoke on the Bill.
Senator McCONNELL asked unanimous consent to make a motion, with Senator HUTTO retaining the floor, to carry over the Bill.
Senator FAIR objected.
Senator HUTTO spoke on the Bill.
Consideration was interrupted by the Joint Assembly, with Senator HUTTO retaining the floor.
At 12:00 P.M., on motion of Senator McCONNELL, the Senate receded from business for the purpose of attending the Joint Assembly.
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:
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 announced that nominations were in order to elect a successor to the position of Judge, 9th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Roger M. Young and Ms. Gayla S. L. McSwain had been screened and found qualified to serve.
On motion of Representative Delleney, the name of Ms. McSwain was withdrawn from consideration.
Representative Delleney placed the name of the Honorable Roger M. Young in nomination, moved that the nominations be 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 had been elected to the position of Judge, 9th Judicial Circuit, Seat #3 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, At-Large Seat #4.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Robert N. Jenkins, Sr. and Mr. Edward W. "Ned" Miller had been screened and found qualified to serve.
On motion of Representative Delleney, the name of the Honorable Robert N. Jenkins, Sr. was withdrawn from consideration.
Representative Delleney placed the name of Mr. Edward W. "Ned" Miller in nomination, moved that the nominations be 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 elected to the position of Judge, At-Large Seat #4 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3.
Representative Delleney, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable H. T. Abbott III had been screened and found qualified to serve.
Representative Delleney placed the name of the Honorable H. T. Abbott III in nomination, moved that the nominations be 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 had been elected to the position of Judge, Family Court, 15th Judicial Circuit, Seat #3 for the term prescribed by law.
Senator MESCHER desired to be recorded as voting against the election of Judge Abbott.
Immediately following the Joint Assembly for the election of successors to certain judicial positions, the Joint Assembly proceeded to the election of a successor to the Board of Trustees for Winthrop University, At-Large Position.
The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for Winthrop University, At-Large Position.
Representative Phillips, Chairman of the Screening Committee on Boards of Trustees of State Colleges and Universities, indicated that Mr. Reggie Lloyd, Dr. Leland H. Cox, Jr., Mr. Alan H. Kyber and Mr. John M. Deal, Jr. had been screened and found qualified to serve.
On motion of Representative Phillips, the names of Dr. Leland H. Cox, Jr. and Mr. John M. Deal, Jr. were withdrawn from consideration.
Representative Phillips placed the names of Mr. Reggie Lloyd and Mr. Alan H. Kyber in nomination.
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 Mr. 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. Verne Thomas Verdin
The following named Senators voted for Mr. Kyber:
Courson Hayes Mescher
On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. 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 Mr. Lloyd received 144
Of which Mr. Kyber received 6
Whereupon, the PRESIDENT announced that the Honorable Reggie Lloyd was elected to a position on the Board of Trustees for Winthrop University, At-Large position for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:25 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:30 P.M.
The Senate reassembled, at 2:49 P.M., and was called to order by the PRESIDENT.
At 2:52 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed ten minutes.
At 3:02 P.M., the Senate resumed.
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 House returned the Bill with amendments. The question was concurrence in the House amendments.
Senator HUTTO resumed speaking on the Bill.
Senators SHORT, HUTTO and McCONNEL proposed the following Amendment No. 2 (SHORT2-820), which was adopted:
Amend the bill, as and if amended, by striking all the enacting words and inserting the following:
/ Title 16 of the 1976 South Carolina Code of laws is amended by adding Chapter 28 to read:
"SECTION 16-28-10. Short Title.
This act may be cited as the "Prohibition of Human Cloning Act"
SECTION 16-28-15. Findings.
The General Assembly finds:
1) Human cloning is unsafe, immoral and unacceptable. 2)
3) Legislation should be enacted to prohibit anyone from attempting to conduct human cloning. 4)
5) To deter human cloning, any attempt to create a human clone should be a felony subject to severe punishment. 6)
7) The National Academies (including the National Academy of Sciences and the Institute of Medicine) and the National Bioethics Advisory Commission recommended that any legislative action undertaken to ban human cloning should be careful not to interfere with important areas of scientific research, such as nuclear transplantation to produce stem cells. 8)
9) The National academies found that there are significant differences between human cloning and nuclear transplantation. Specifically, the academies determined that, unlike human cloning, the creation of embryonic stem cells by nuclear transplantation does not involve implantation of an embryo in a uterus and thus cannot produce a complete, live-born animal (that is, a 'clone'). 10)
11) The National Academies found that scientific and medical considerations that justify a ban on human cloning are not applicable to nuclear transplantation. 12)
13) The National Academies concluded that nuclear transplantation has great potential to increase the understanding and potential treatment of various diseases and debilitation disorders, as well as our fundamental biological knowledge. These diseases and disorders include Lou Gehrig's disease, Parkinson's disease, Alzheimer's disease, spinal-cord injury, cancer, cardiovascular diseases, diabetes, rheumatoid arthritis, and many others. 14)
15) The National Academies determined that nuclear transplantation research could improve out ability to transplant healthy tissue derived from stem cells into patients with damaged or diseased organs. Such research could greatly reduce the likelihood that a person's body would reject that tissue and also help obviate the need for immunosuppressive drugs, which often have severs and potentially life-threatening side effects. 16)
17) Based on these expert conclusions and recommendations and other evidence, nuclear transplantation is a valuable area of research that could potentially save millions of lives and relieve the suffering of countless others, and thus should not be banned. 18)
19) The National Academies recommended that nuclear transplantation experiments should be subject to close scrutiny under federal procedures and rules concerning human-subjects research. 20)
21) Given the need for additional oversight in this area, strict ethical requirements for human subjects research, including informed consent, safety and privacy protections, and review by an ethics board, should be prescribed for all research involving nuclear transplantation. 22)
SECTION 16-28-20. Purpose.
It is the purpose of this act to prohibit human cloning and to protect important areas of medical research, including stem cell research.
SECTION 16-28-25. Prohibition of Human Cloning.
(A) Definitions:
1) 'Human cloning' means implanting or attempting to implant the product of nuclear transplantation into a uterus or the functional equivalent of a uterus.
2) 'Somatic Cell' means any human cell other than a haploid germ cell.
3) 'Nucleus' means the cell structure that houses the chromosomes.
3) 'Oocyte' means the female germ cell, the egg.
4) 'Asexual reproduction' means reproduction not initiated by the union of oocycte and sperm.
5) 'Stem cells' are undifferentiated cells that have not yet developed into a particular type of cell that performs a specialized function (e.g., skin, hear, or nerve cells) and can, under circumstances, develop into many different types of cells.
(B) It shall be unlawful for any person or other entity, public or private to conduct, or attempt to conduct human cloning. Penalties for intentional violations of this section are as follows:
1) Criminal Penalties - Upon conviction, violators of this section are guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned for not more than five years, or both. Each violation constitutes a separate offense. 2)
3) Licensing Revocation - A license to practice a profession or occupation issued by a board, agency, or department of the State must be suspended immediately if the licensee violates this section while engaging in that profession or occupation. 4)
(C) Nothing in this section shall be construed to restrict practices not expressly prohibited in this section.
SECTION 16-28-30. Nuclear Transplantation Research.
(A) All research involving nuclear transplantation must be conducted in accordance with Federal Regulations and the Humans Cloning Prohibition Act of 2002. For the purposes of research, the following definitions apply:
1) 'Human somatic cell' means any human cell other than a haploid germ cell. 2)
3) 'Nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. 4)
5) 'Nucleus' means the cell structure that houses the chromosomes. 6)
7) 'Oocyte' means the female germ cell, the egg." 8)
SECTION 2. This act takes effect upon approval by the Governor. /
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 ordered returned to the House of Representatives with amendments.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; AND TO REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY LICENSES TO COLLECT ARTIFACTS.
By prior motion of Senator COURSON, with unanimous consent
H. 5239 (Word version) -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED AND DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS.
By prior motion of Senator WALDREP, with unanimous consent
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS PREVIOUSLY AUTHORIZED UNDER ACT 1377 OF 1968 (STATE CAPITAL IMPROVEMENT BOND ACT).
By prior motion of Senator LEATHERMAN, with unanimous consent
H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: 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.
By prior motion of Senator SETZLER
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator HAYES, with unanimous consent, the previously proposed amendment (NBD\11835AC02) of May 28, 2002, was withdrawn.
H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
H. 4402 (Word version) -- Reps. Vaughn, Merrill, Altman, Rodgers, Walker and Leach: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF SOCIAL SERVICES, WHICH SERVE IN AN ADVISORY CAPACITY, SO AS TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION, IN ITS SOLE DISCRETION, HAS THE AUTHORITY TO TERMINATE A COUNTY BOARD OF SOCIAL SERVICES.
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 adoption of the previously proposed amendment in the Journal of April 16, 2002.
Senator RYBERG proposed the following amendment (GGS\22501CM02), which was withdrawn:
Amend the bill, as and if amended, Section 43-3-10(B), as contained in SECTION 1, page 2, by inserting / weighted / after / majority / on line 8, and by inserting / weighted vote / after / majority / on line 9.
Amend title to conform.
Senator MOORE asked unanimous consent to withdraw the amendment.
There was no objection.
The amendment was withdrawn.
Senator MOORE proposed the following amendment (H4402R001), which was adopted:
Amend the bill, as and if amended, page 2, by deleting lines 5 through 9 and inserting the following:
/ "(B) Notwithstanding the provisions of subsection (A), a county legislative delegation, in its sole discretion, has the authority, by written resolution, to terminate its respective county board of social services by a two-thirds vote, based on weighted voting percentages of the county legislative delegation." /
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.
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator LEATHERMAN and HUTTO proposed the following amendment (3789R001.JK), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. In order that counties of the State of South Carolina shall be eligible to receive the maximum allowable 'block grant' matching funds for a voter improvement program provided by federal funding created in United States Senate Bill S-565 and United States House of Representatives Bill HR-3295 as currently in conference committees of the Congress, a state committee is hereby established consisting of five members, two of whom shall be members of the Senate appointed by the President Pro Tempore, two of whom shall be members of the House of Representatives appointed by the Speaker of the House, and one of whom shall be the chairman of the State Election Commission, all members to serve ex officio. The committee, once the federal legislation becomes law, shall establish a state application plan and certification criteria and specifications under the plan in order that counties within the State, who are interested in doing so, will have a state application plan in place as required under the above referenced federal provisions in order to apply for and timely meet necessary guidelines for early qualification for the purpose of receiving maximum 'block grant' matching federal funding of eight or ninety percent as provided under these federal provisions.
The committee shall organize and elect those officers as it considers necessary. Once the state application plan is established, the committee shall be dissolved and administration of the plan on the state level shall be performed by the State Election Commission.
SECTION 2. This act takes effect upon approval of the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1306 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 9, IN-CAR CAMERA VIDEOTAPING EQUIPMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 742 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES.
By prior motion of Senator PEELER, with unanimous consent
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 4257 (Word version) -- Rep. Quinn: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
H. 4654 (Word version) -- Reps. Delleney, G.M. Smith, Simrill, Easterday, Kirsh, Lucas, McCraw, Meacham-Richardson, Wilkins and Campsen: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-70 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO COMPILE AND PUBLISH ANNUAL STATISTICS ON LOTTERY RELATED CRIMES.
On motion of Senator RITCHIE, the amendments were carried over to third reading.
H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators RITCHIE and KUHN proposed the following Amendment No. 1 (JUD4154.004), which was adopted:
Amend the committee report, as and if amended, page [4154-7], beginning on line 8, in Section 62-5-501(F)(1), as contained in SECTION 9, by striking lines 8 through 26 in their entirety, and inserting therein the following:
/ "(F)(1) A third person in this State who receives or is presented with a valid power of attorney executed pursuant to this section, and has not received actual written notice of its revocation or termination, must not refuse to honor the power of attorney if it contains the following provision or a substantially similar provision:
'No person who may act in reliance upon the representations of my attorney-in-fact for the scope of authority granted to the attorney-in-fact shall incur any liability as to me or to my estate as a result of permitting the attorney-in-fact to exercise this authority; nor is any such person who deals with my attorney-in-fact responsible to determine or ensure the proper application of funds or property.'
As used in this subsection, 'to honor' a power of attorney means to deal with the attorney-in-fact as if the attorney-in-fact were the principal, personally present and acting on his own behalf within the scope of the powers granted to the attorney-in-fact. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD4154.003), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO ENACT THE "SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT"; TO AMEND SECTION 15-51-42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE WHEN THE ADMINISTRATION OF AN ESTATE IS FINAL EXCEPT FOR A PENDING SURVIVAL ACTION, THE COURT MAY ISSUE A SPECIAL ORDER PROVIDING THAT NO ACCOUNTINGS ARE REQUIRED UNTIL THE SURVIVAL ACTION IS SETTLED OR VERDICT RENDERED IN A TRIAL; TO AMEND SECTIONS 20-7-150 AND 20-7-180, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS; TO AMEND SECTION 20-7-190, RELATING TO THE CUSTODIAN'S EXPENSES, BONDS, AND LIABILITY, SO AS TO PROVIDE THAT A CUSTODIAN MAY RECEIVE REASONABLE COMPENSATION FROM THE CUSTODIAL PROPERTY FOR HIS SERVICES BASED UPON A PROVISION OF LAW APPLICABLE TO GUARDIANS AND CONSERVATORS; TO AMEND SECTION 20-7-210, RELATING TO DESIGNATION OF A SUCCESSOR CUSTODIAN, SO AS TO MAKE TECHNICAL AND CLARIFYING CHANGES; TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO PROVIDE IF ALL THE JOINT TENANTS JOIN IN AN ENCUMBRANCE, THE INTEREST IN THE REAL ESTATE IS ENCUMBERED; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; TO AMEND SECTION 62-5-501, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; BY ADDING SECTION 62-7-113, SO AS TO PROVIDE AN ANTI-LAPSE PROVISION FOR REVOCABLE INTER VIVOS TRUSTS; AND BY ADDING SECTION 62-7-1134, SO AS TO TO PROVIDE FOR REVOCATION OF A REVOCABLE INTER VIVOS TRUST BY DIVORCE, ANNULMENT, AND ORDER TERMINATING MARITAL PROPERTY RIGHTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Estates and Probate Reform Act".
SECTION 2. Section 15-51-42 of the 1976 Code is amended by adding at the end:
"(G) When the administration of an estate is final except for the administration of survival action proceeds because of the pendency of a survival action brought on behalf of the estate, the probate court may issue, upon petition by the personal representative, a special order providing that no accountings are required until the survival action is settled or verdict rendered in a trial. The attorney for the personal representative must notify the probate court immediately upon completion of the survival action, and furnish the court with a copy of the order approving settlement or a copy of the judgment, whichever is appropriate."
SECTION 3. Section 20-7-150(1) and (11) of the 1976 Code are amended to read:
"(1) 'Adult' is a person who has attained the age of eighteen twenty-one years."
"(11) 'Minor' is a person who has not attained the age of eighteen twenty-one years, excluding a person under the age of eighteen twenty-one who is married or emancipated as decreed by the family court."
SECTION 4. Section 20-7-180(4) of the 1976 Code is amended to read:
"(4) To the extent that the custodial property is not so expended, the custodian shall must deliver or pay it over the custodial property to the minor on his attaining the age of eighteen twenty-one years or, if the minor dies before attaining the age of eighteen twenty-one years, he the custodian shall thereupon must then deliver or pay it over the custodial property to the estate of the minor. Notwithstanding the requirements of this section, the custodian, in his discretion, may deliver or pay over the custodial property to the payee when the payee attains the age of eighteen."
SECTION 5. Section 20-7-190(3)(c) of the 1976 Code is amended to read:
"(c) the statute of this State applicable to guardians and conservators;"
SECTION 6. Section 20-7-210(4) of the 1976 Code is amended to read:
"(4) If a person designated as custodian or as a successor custodian by the custodian as provided in subsection (1) is not eligible, dies, or becomes legally incapacitated before the minor attains the age of eighteen years and if the minor has a guardian, the guardian of the minor shall be is successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or became legally incapacitated has been designated as provided in subsection (1), a donor, his representative, the legal representative of the custodian, or an adult members member of the minor's family may petition the court for the designation of a successor custodian. The provisions of this subsection shall do not affect the power of a personal representative or trustee to appoint a custodian pursuant to items (g) and (h) of subsection (1) of Section 20-7-160, or the power of an owner of a life insurance policy or annuity contract to appoint a successor custodian pursuant to subsection (4) of Section 20-7-160."
SECTION 7. Section 27-7-40(a)(iv) of the 1976 Code, as added by Act 398 of 2000, is amended to read:
"(iv) If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be is effectively encumbered or conveyed to a third party or parties."
SECTION 8. Section 34-19-120 of the 1976 Code is amended to read:
"Section 34-19-120. In cases where a person has been given a durable power of attorney by a lessee of a safe deposit box who has become mentally incompetent, and the original copy of the power is put in the box, the lessor may permit the person given the power to open the box to obtain the original copy of the power. The lessor may request the person purporting to have been given the durable power of attorney to produce a certified copy of the power or an affidavit declaring that he has been given the power before opening the box. No other contents may be removed from the box pursuant to this section.
The durable power of attorney provided for in this section means a power made durable under the provisions of Section 62-5-501. (A)(1) The person who has been appointed as attorney-in-fact under a durable power of attorney by a lessee of a safe deposit box may open, or direct the lessor to open, the safe deposit box of the lessee and obtain the original copy of the durable power of attorney, if a statement in the form of item (3), or in a similar form showing the same intent, is:
(a) incorporated in the body of the original durable power of attorney contained in the safe deposit box; or
(b) contained in a separate statement in the form provided in subsection (B), or in a similar form showing the same intent as that attached or annexed to the original durable power of attorney contained in the safe deposit box.
(2) If the statement is contained in a separate writing, the execution of the separate statement is not an amendment, modification, or revision of the original power of attorney.
(3) The statement must be substantially in the following form:
'I__________________, the Principal, do hereby authorize and direct my appointee or appointees as my attorney-in-fact in my durable power of attorney, to have access at any time or times to any safe deposit box rented by me, wherever located, in order to remove my original durable power of attorney; and any institution in which any such safe deposit box may be located is not required to make any inquiry, and shall not incur any liability to me or my estate as a result of permitting my appointee or appointees in my original durable power of attorney to exercise this power. This power is exercisable without: (i) any contact with or notice to me, my spouse, and/or any interested persons to my estate; (ii) any prior court order or authorization; (iii) any knowledge of or any prior determination as to my mental or physical capacity or incapacity; (iv) any knowledge as to my whereabouts regardless whether my whereabouts are known or unknown; or (v) any inquiry.'
(B) The lessee, at any time after the execution of his durable power of attorney, may execute a separate statement authorizing the removal of his original durable power of attorney from his safe deposit box pursuant to subsection (A), if the separate statement is executed by the Principal with the same formalities as the execution and recording of a deed in the State of South Carolina pursuant to Section 30-5-30, and the separate statement is attached or annexed to the original durable power of attorney in the following form, or in a similar form showing the same intent, with the acknowledgement for recorded deeds pursuant to Section 30-5-30(B) or (C).
'STATE OF _____________ )
COUNTY OF ____________________ )
I, _______ the Principal, do hereby authorize and direct my appointee or appointees as my attorney-in-fact in my durable power of attorney dated the __day of __, in the year __, to have access at any time or times to any safe deposit box rented by me, wherever located, in order to remove my original durable power of attorney; and any institution in which any such safe deposit box may be located is not required to make any inquiry, and shall not incur any liability to me or my estate as a result of permitting my appointee or appointees in my original durable power of attorney to exercise this power. This power is exercisable without: (i) any contact with or notice to me, my spouse, and/or any interested persons to my estate; (ii) any prior court order or authorization; (iii) any knowledge of or any prior determination as to my mental or physical capacity or incapacity; (iv) any knowledge as to my whereabouts regardless whether my whereabouts are known or unknown; or (v) any inquiry.'
IN WITNESSETH WHEREOF, I have executed this statement on the ______ day of _________, in the year, ___________.
_______________ ______________
(Witness) Principal
_______________________(Witness)'
(C) If the original durable power of attorney does not contain a statement in the form provided in subsection (A) or in a similar form showing the same intent, or a separate statement in the form provided in subsection (B) or in a similar form showing the same intent is not attached or annexed to the original durable power of attorney, in order to allow removal of the lessee's durable power of attorney from the lessee's safe deposit box the financial institution must have:
(1) contact with or notice to the lessee, the lessee's spouse, or an interested person in the lessee's estate;
(2) a prior court order or court authorization;
(3) knowledge of or a prior determination as to the mental or physical capacity or incapacity of the lessee;
(4) knowledge as to the lessee's whereabouts, whether the lessee's whereabouts are known or unknown; or
(5) other inquiry.
(D) A witness to a statement provided for in subsection (B), who also is an officer authorized to administer oaths pursuant to the laws of this State may notarize the signature of the other witness of the statement in the manner provided by this section.
(E) A financial institution that authorizes a person who has been given a durable power of attorney by a lessee of a safe deposit box to remove the original durable power of attorney from the safe deposit box of the lessee, pursuant to subsection (A) or (B), or a financial institution that removes the original durable power of attorney from the safe deposit box of the lessee pursuant to the direction of the person who has been given a durable power of attorney by the lessee, is not required to make further inquiry, and is not liable to the lessee or the lessee's estate as a result of permitting removal of the original power of attorney. The financial institution may request the person purporting to have been given the durable power of attorney to produce a certified copy of the power or an affidavit declaring that he has been given the power before opening the box. No other contents may be removed from the box pursuant to this section.
(F) The provisions of this section enable the person who has been appointed as attorney-in-fact under a durable power of attorney by a lessee of a safe deposit box to remove or obtain the original durable power of attorney from the safe deposit box of the lessee, and enable the financial institution to allow the removal of the durable power of attorney from the safe deposit box without court action or findings of incapacity of the lessee. This section supplements and does not supplant the current procedures for obtaining the power of attorney of the lessee from the safe deposit box, and is not the exclusive method."
SECTION 9. Section 62-5-501 of the 1976 Code is amended by adding at the end:
"(F)(1) A third person in this State who receives or is presented with a valid power of attorney executed pursuant to this section, and has not received actual written notice of its revocation or termination, must not refuse to honor the power of attorney if:
(a) it contains the following provision or a substantially similar provision:
'No person who may act in reliance upon the representations of my attorney-in-fact for the scope of authority granted to the attorney-in-fact shall incur any liability to me or to my estate as a result of permitting the attorney-in-fact to exercise this authority; nor is any such person who deals with my attorney-in-fact responsible to determine or ensure the proper application of funds or property; or
(b) the attorney-in-fact gives him an affidavit under oath and subject to perjury, stating that the powers of the attorney-in-fact are then in effect, the action the attorney-in-fact desires to take is within the scope of his authority granted pursuant to the power of attorney, and the power of attorney has not been revoked or terminated by the principal.
(2) Unless the third person actually has received written notice of the revocation or termination of a valid power of attorney executed in accordance with this section, a third person in this State who receives or is presented with a power of attorney:
(a) does not incur liability to the principal or the principal's estate by reason of acting upon the authority of it or permitting the attorney-in-fact to exercise authority;
(b) is not required to inquire whether the attorney-in-fact has power to act or is properly exercising the power; or
(c) is not responsible to determine or ensure the proper application of assets, funds, or property belonging to the principal.
(3) A 'third person' means an individual, a corporation, an organization, or other legal entity for purposes of this subsection.
(G)(1) An attorney-in-fact is entitled to reimbursement for expenses and compensation for services as provided in the power of attorney. In the absence of a provision in the power of attorney regarding reimbursement or compensation, or both:
(a) an attorney-in-fact is entitled to reimbursement for all reasonable costs and expenses actually incurred and paid by the attorney-in-fact on the principal's behalf;
(b) an attorney-in-fact, upon the approval of the probate court, is entitled to reasonable compensation based upon the responsibilities he assumed and the effort he expended; and
(c) if two or more attorneys-in-fact are serving together, the compensation paid must be divided by them in a manner as they agree or as determined by a court of competent jurisdiction if they fail to agree.
(2) An interested person may petition a court of competent jurisdiction to review the propriety and reasonableness of payment for reimbursement or compensation to the attorney-in-fact, and an attorney-in-fact who has received excessive payment may be ordered to make appropriate refunds to the principal."
SECTION 10. The 1976 Code is amended by adding:
"Section 62-7-113. (A) If the beneficiary under a revocable inter vivos trust, who is a great-grandparent or a lineal descendant of a great-grandparent of the trust creator, is dead at the time of execution of the trust, fails to survive the trust creator, or is treated as if he predeceased the trust creator, the issue of the deceased beneficiary who survived the trust creator take in place of the deceased beneficiary and if they are all of the same degree of kinship to the beneficiary they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a beneficiary under a class gift if he had survived the trust creator is treated as a beneficiary for purposes of this section whether his death occurred before or after the execution of the trust.
(B) Except as provided in subsection (A), if the disposition of any real or personal property under a revocable inter vivos trust fails for any reason, this property becomes a part of the residue of the trust.
(C) Except as provided in subsection (A), if the residue under a revocable inter vivos trust is distributed to two or more persons and the share of one of the residuary beneficiaries fails for any reason, his share passes to the other residuary beneficiary or to other residuary beneficiaries in proportion to their interests in the residue."
SECTION 11. The 1976 Code is amended by adding:
"Section 62-7-114. If after executing a revocable inter vivos trust the trust creator is divorced or his marriage annulled or his spouse is a party to a valid proceeding concluded by an order purporting to terminate all marital property rights or confirming equitable distribution between the spouses, the divorce or annulment or order revokes any disposition or appointment of property including beneficial interests made by such trust to the spouse, any provision conferring a general or special power of appointment on the spouse, and any nomination of the spouse as trustee, unless the trust expressly provides otherwise. Property prevented from passing to a spouse because of revocation by divorce or annulment or order passes as if the spouse failed to survive the trust creator, and other provisions conferring some power or office on this spouse are interpreted as if the spouse failed to survive the trust creator. If provisions are revoked solely by this section, they are revived by the trust creator's remarriage to the former spouse. For purposes of this section, divorce or annulment or order means any divorce or annulment or order which would exclude the spouse as a surviving spouse within the meaning of subsections (b) and (c) of Section 62-2-802. A decree of separate maintenance which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of marital or parental circumstances other than as described in this section revokes a revocable inter vivos trust."
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act 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 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 13. This act takes effect upon approval by the Governor and applies to instruments executed after the effective date of the act./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: 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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GROOMS proposed the following amendment (SWB\ 5451ZCW02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-13-1180(F) of the 1976 Code, as added by Act 316 of 1992, is amended to read:
"(F) Trotline hooks used in Lakes Marion and Moultrie must have a gap or clearance between point and shank no greater than seven-sixteenths inch. and must pass through a three-inch-long cylinder with an inside diameter of one-half inch." /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following amendment (SWB\ 5452ZCW02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 50-5-1505(1)(b) of the 1976 Code, as last amended by an act of 2001 bearing ratification number 20, is further amended to read:
"(b) Santee River below Wilson Dam including the Rediversion Canal below St. Stephen Dam, North Santee River and Bay, South Santee River, and all tributaries and distributaries thereto as follows:
( i) Rediversion Canal: from St. Stephen Dam seaward to the seaward terminus of the northern dike of the Rediversion Canal:
Season: No open season;
( ii) Rediversion Canal from the seaward terminus of the northern dike of the Rediversion Canal seaward to Santee River:
(1) Season: February 1 through April 30;
(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
( ii)(iii) Wilson Dam seaward to U.S. Highway 52 bridge:
Season: No open season;
(iii)(iv) U.S. Highway 52 bridge seaward to SC Highway 41 bridge:
(1) Season: February 1 through April 30;
(2) Times: 7:00 a.m. to 7:00 p.m. local time, Tuesday and Thursday;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits.
(iv)(v) U.S. Highway 41 bridge seaward:
(1) Season: February 1 through March 31;
(2) Times: Monday noon to Saturday noon, local time;
(3) Methods and equipment: Any lawful method and equipment;
(4) Size and take limits: No limits." /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3761.005), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 39-15-1190 of the 1976 Code is amended to read:
"Section 39-15-1190. (A) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses or should have known a counterfeit mark on or in connection with such goods or services shall be deemed guilty of a misdemeanor, if an individual, be fined not more than five thousand dollars or imprisoned not more than one year, or both, and, if a person other than an individual, be fined not more than twenty thousand dollars.
(B) The term "counterfeit mark" in this section means:
(1) a spurious mark:
(a) that is used in connection with trafficking goods or services;
(b) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services with the Secretary of State under this chapter and in use, whether or not the defendant knew such mark was so registered; and
(c) the use of which is likely to cause confusion, to cause mistake, or to deceive.
(2) "Counterfeit mark" does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark for designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.
(C) "Traffic" means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of.
(A) For purposes of this section:
(1) 'Counterfeit mark' means a mark that:
(a) is identical to or substantially indistinguishable from a registered mark or unregistered mark;
(b) is used in connection with the sale or offering for sale of goods or services that are identical to or substantially indistinguishable from the goods or services with which the mark is used or registered;
(c) if used, is likely to cause confusion, mistake, or deception; and
(e) is without authorization of the owner of the registered or unregistered mark.
(2) 'Registered mark' means a mark that is registered on the principal register of the United States Patent and Trademark Office or with the South Carolina Secretary of State.
(3) 'Retail sales value' means the value computed by multiplying the number of items having a counterfeit mark used thereon or in connection therewith, by the retail price at which a similar item having a mark used thereon or in connection therewith, the use of which is authorized by the owner, is offered for sale to the public.
(4) 'Unregistered mark' means symbols, signs, emblems, insignias, trademarks, trade names, or words protected by the federal Amateur Sports Act of 1978 (Title 36 USC Section 380).
(B)(1) It is unlawful for any person to knowingly and wilfully use or cause to be used a counterfeit mark on or in connection with goods or services that are intended for sale.
(a) A person who violates the provisions of subsection (B)(1) with respect to goods or services having a retail sales value of fifty thousand dollars or less is guilty of the offense of distribution of counterfeit marks and, upon conviction, must be punished as follows:
(i) if the goods or services have a retail sales value not exceeding one thousand dollars, the person is guilty of a misdemeanor and must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year, or both;
(ii) if the goods or services have a retail sales value exceeding one thousand dollars but not exceeding ten thousand dollars, the person is guilty of a felony and must be punished by a fine not exceeding ten thousand dollars or by a term of imprisonment not less than one nor more than two years, or both;
(iii) if the goods or services have a retail sales value exceeding ten thousand dollars but not exceeding fifty thousand dollars, the person is guilty of a felony and must be punished by a fine not exceeding twenty thousand dollars or by a term of imprisonment not less than three nor more than five years, or both; and
(iv) for a second or subsequent conviction of the offenses described in subsection (B)(1)(a) of this subsection, without regard to the retail sales value of the goods or services, the person is guilty of a felony and must be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars or by a term of imprisonment of not less than one year nor more than five years, or both.
(b) A person who violates the provisions of subsection (B)(1) with respect to goods or services having a retail sales value exceeding fifty thousand dollars is guilty of the offense of trafficking in counterfeit marks. A person who commits the offenses described in this item of this subsection is guilty of a felony and, upon conviction, must be punished as follows:
(i) for a first offense, a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars or by a term of imprisonment of not more than five years, or both; and
(ii) for a second or subsequent offense, a fine of not less than twenty thousand dollars nor more than fifty thousand dollars or by a term of imprisonment of not less than three years nor more than five years, or both.
(2) It is unlawful for any person to possess or have in his custody or control goods that are intended for sale that have a counterfeit mark used thereon or in connection therewith.
(a) A person who violates the provisions of subsection (B)(2) with respect to goods or services having a retail sales value of fifty thousand dollars or less is guilty of the offense of possession of counterfeit marks with intent to distribute and, upon conviction, must be punished as follows:
(i) if the goods or services have a retail sales value not exceeding one thousand dollars, the person is guilty of a misdemeanor and must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year, or both;
(ii) if the goods or services have a retail sales value exceeding one thousand dollars but not exceeding ten thousand dollars, the person is guilty of a felony and must be punished by a fine not exceeding ten thousand dollars or by a term of imprisonment not less than one nor more than two years, or both;
(iii) if the goods or services have a retail sales value exceeding ten thousand dollars but not exceeding fifty thousand dollars, the person is guilty of a felony and must be punished by a fine not exceeding twenty thousand dollars or by a term of imprisonment not less than three nor more than five years, or both; and
(iv) for a second or subsequent conviction of the offenses described in subsection (B)(2)(a) of this subsection, without regard to the retail sales value of the goods or services, the person is guilty of a felony and must be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars or a term of imprisonment of not less than one year nor more than five years, or both.
(b) A person who violates the provisions of subsection (B)(2) with respect to goods or services having a retail sales value exceeding fifty thousand dollars is guilty of the offense of possession of counterfeit marks with intent to traffic. A person who commits the offenses described in this item of this subsection is guilty of a felony and, upon conviction, must be punished as follows:
(i) for a first offense, a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars or by a term of imprisonment of not more than five years, or both; and
(ii) for a second or subsequent offense, a fine of not less than twenty thousand dollars nor more than fifty thousand dollars or by a term of imprisonment of not less than three years nor more than five years, or both.
(C) The possession, custody, or control of more than twenty-five items having a counterfeit mark used thereon or in connection therewith is prima facie evidence that the person having possession, custody, or control of the items intended to sell those items.
(D) A person who knowingly:
( 1) uses any object, tool, machine, or other device to produce or reproduce a counterfeit mark; or
(2) has possession, custody, or control of any object, tool, machine, or device with intent to produce or reproduce a counterfeit mark;
is guilty of a felony and must be punished by a fine not exceeding five thousand dollars or by a term of imprisonment not exceeding five years, or both.
(E) Any personal property, including any item, object, tool, machine, or device of any kind, employed as an instrumentality in the commission of or in aiding or abetting in the commission of a violation of this section, is considered contraband and is subject to seizure and forfeiture in the same manner other property may be seized and forfeited if used in the commission of specified criminal offenses as provided by law.
(F) For purposes of enforcing this section, the Secretary of State's investigators have statewide jurisdiction. These investigators may conduct investigations independently or may assist local law enforcement agencies in their investigations and may initiate and carry out, in coordination with local law enforcement agencies, investigations of violations of this section.
(G) The Secretary of State may refer any available evidence concerning violations of this section to the appropriate solicitor who may, with or without such a reference, institute the appropriate criminal proceedings.
(H) The Secretary of State also may refer any available evidence concerning violations of this section to the Department of Revenue for purposes of determining the obligations of the violators of this section to state income and taxation laws."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
H. 5238 (Word version) -- Rep. Hayes: A BILL TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2002-2003, THE SCHOOL TAX MILLAGE LEVIED IN DILLON COUNTY IS INCREASED BY ONE ADDITIONAL MILL WITH THE PROCEEDS THEREFROM TO BE USED FOR NORTHEAST TECHNICAL COLLEGE.
On motion of Senator ELLIOTT, with unanimous consent, H. 5238 was ordered to receive a third reading on Thursday, May 30, 2002.
S. 1313 (Word version) -- Senators Hayes, Gregory and Short: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 4 (FORT MILL) TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2002-2003 ONLY.
By prior motion of Senator HAYES, with unanimous consent
H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator HUTTO proposed the following Amendment No. 1 (JUD3668.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding an appropriately numbered item at the end to read:
"( ) Photographs or videos of and incidental to the performance of an autopsy, except that the photographs or videos may be viewed by:
(i) a law enforcement agency, for official use only;
(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(iii) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(iv) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; or
(v) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate."
SECTION 2. The 1976 Code is amended by adding:
"Section 17-5-535. (A) Photographs or videos of and incidental to the performance of an autopsy shall only be viewed by:
(1) the coroner and/or the medical examiner, and their deputies;
(2) a law enforcement agency, for official use only;
(3) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin;
(4) a prosecutor or a defendant when the defendant in the case is accused of the murder or homicide of the subject of the photograph or video;
(5) a person bringing or defending a civil action or administrative matter where the photo or video is considered by the judge or hearing officer, by written order, to be relevant to the action or matter; and
(6) a person who receives such photograph or video pursuant to a validly issued subpoena, after notice and opportunity to object are provided to the personal representative of the decedent's estate.
These photographs and videos must be released and disseminated only as authorized by this section.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars. Each violation under this section must be considered a separate offense."
SECTION 3. This act takes effect upon approval by the Governor. / Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator KUHN proposed the following amendment (SWB\ 5447ZCW02):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 30-2-30 of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"Section 30-2-30. For purposes of this act, the following terms have the following meanings:
(1) 'Personal information' means information that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account(s) number(s), account or identification number issued by and/or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit records or reports.
'Personal information' does not mean information about boating accidents, vehicular accidents, driving violations, boating violations, or driver status.
(2) 'Legitimate public purpose' means a purpose or use which falls clearly within the statutory charge or mandates of an agency, board, commission, institution, department, or other state entity.
(3) 'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities sponsored by not-for-profit professional associations;
(c) selling or marketing real property, banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or
(d) contacting persons for political purposes using information on file with state or local voter registration offices.;
(e) contacting persons for charitable contributions; or
(f) a sale of a service or good which is not completed until after a face-to-face presentation.
(4) 'Medical information' includes, but is not limited to, blood samples and test results obtained and kept by the Department of Health and Environmental Control pursuant to Section 44-37-30."
SECTION __. Section 30-2-50 of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"Section 30-2-50. (A) A person or private entity shall not knowingly obtain or use any personal information obtained from a public body any state agency for commercial solicitation directed to any person in this State.
(B) Every public body state agency shall provide a notice to all requestors of records under this chapter and to all persons who obtain records under this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.
(C) All state agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.
(D) A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
(E) This chapter does not apply to any local governmental entity or to any subdivision of the state or local government."/
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
Senator HAWKINS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT overruled the Point of Order.
Senator HAWKINS argued contra to the adoption of the amendment.
Senator KUHN spoke on the amendment.
Senator HAWKINS moved to lay the amendment on the table.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator MARTIN objected to further consideration of the Bill.
H. 4327 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41 BYPASS, WHICH CREATES PART OF THE BOUNDARY OF WILLIAMSBURG AND GEORGETOWN COUNTIES, BETWEEN SOUTH CAROLINA HIGHWAY 41 AND HORSEPEN CREEK, "SIMPSON PRICE ROAD" AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5297 (Word version) -- Reps. Meacham-Richardson, Kirsh, Simrill, Moody-Lawrence, McCraw, Delleney and Emory: A CONCURRENT RESOLUTION RECOGNIZING PARAMOUNT'S CAROWINDS THEME PARK FOR ITS NUMEROUS ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE STATE BY DECLARING MAY 29, 2002, "PARAMOUNT'S CAROWINDS DAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
On motion of Senator SETZLER
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
At 4:14 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed ten minutes.
At 5:00 P.M., the Senate resumed.
H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SEVERAL SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN FINANCE AND ELECTIONS, TO PROVIDE REFORM. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MOORE spoke on the Bill.
On motion of Senator MOORE, with unanimous consent, Amendment No. 18 was taken up for immediate consideration.
Senators McCONNELL and MOORE proposed the following Amendment No. 18 (JUD3144.020), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ Part I
SECTION 1. Section 2-17-15 of the 1976 Code is amended to read:
"Section 2-17-15. (A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends. Notwithstanding any other provision of law, this section does not prohibit a member of the immediate family of the Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, or a director or deputy director of a state department appointed by the Governor from serving as a lobbyist for a lobbyist principal for which he is registered with the Ethics Commission pursuant to Section 2-17-20 on May 1, 2002.
(B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state department appointed after June 30, 1993."
SECTION 2. Section 2-17-20(B) of the 1976 Code is amended to read:
"(B) The registration must be in a form prescribed by the State Ethics Commission and be limited to and contain:
(1) the lobbyist's full name and address, telephone number, occupation, name of employer, principal place of business, and lobbyist's position held in that business by the lobbyist;
(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and
(3) if the lobbyist is a member of the immediate family of a public official or director or deputy director of a state department appointed by the Governor, the identification of that public official, director, or deputy director; and
(4) certification by the lobbyist that the information contained on the registration statement is true and correct.
If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed considered a lobbyist's principal as to all public offices or public bodies of the State."
SECTION 3. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:
"Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be are from January first to March thirty-first for the April tenth report, and shall be are from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 4. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:
"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be are from January first to March thirty-first for the April tenth report, and shall be are from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 5. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:
"Each state agency or department shall must, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report, and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 6. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"
SECTION 7. Section 2-17-90(A) of the 1976 Code is amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 8. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."
SECTION 9. Section 8-13-100(12) of the 1976 Code is amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 10. Section 8-13-320(9)(b) of the 1976 Code is amended to read:
"(b) No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. Action on a complaint filed against a candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:
(i) that the petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) that the claims, defenses, and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(iii) that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or
(iv) that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief."
SECTION 11. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall must shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."
SECTION 12. The 1976 Code is amended by adding:
"Section 8-13-365. (A) The commission must establish a system of electronic filing for disclosures and reports from all candidates and entities. In accordance with Article 13 of this chapter, reports required to be filed with the commission by candidates and committees for statewide and legislative offices after November 2, 2004, must be filed using an Internet-based filing system as prescribed by the commission. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.
(B) All disclosures and reports required to be filed in accordance with Article 13 of this chapter by candidates and committees for statewide and legislative offices for the election cycle beginning November 3, 2004, must be filed electronically according to requirements established by the commission. The commission remains the appropriate supervisory office for those candidates and committees set forth in Section 8-13-1300(1).
(C) The Ethics Commission must submit to the General Assembly a report no later than January 10, 2006, concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities."
SECTION 13. Section 8-13-530(1) and (2) of the 1976 Code are amended to read:
"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;
(2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:
(i) that the petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) that the claims, defenses, and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(iii) that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or
(iv) that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief;"
SECTION 14. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
SECTION 15. Section 8-13-1300(9) of the 1976 Code is amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 16 Section 8-13-1300(17) of the 1976 Code is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election to influence the outcome of an elective office or ballot measure but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 17. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle.
( ) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'
( ) 'Coordinated with' means:
Discussion or negotiation between a candidate or a candidate's agent and: (a) a person; (b) an agent of a person; (c) any other agent of a candidate; or (d) any combination of these concerning, but not limited to, a political communication's:
(1) contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;
(2) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;
(3) location, including the proximity to other political communications, or geographical targeting, or both;
(4) mode, including the medium (phone, broadcast, print, etc.) of the communication;
(5) intended audience, including the demographic or political targeting, or geographical targeting; and
(6) volume, including the amount, frequency, or size of the political communication."
SECTION 18. Section 8-13-1302 of the 1976 Code is amended to read:
"Section 8-13-1302. (A) A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:
(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and
(6) the occupation of each person making a contribution.
(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."
SECTION 19. Section 8-13-1304 of the 1976 Code is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 20. Section 8-13-1306 of the 1976 Code is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if other than the custodian is not one of the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
SECTION 21. Section 8-13-1308(A) of the 1976 Code is amended to read:
"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that who does not receive or expend campaign contributions totaling, in an accumulated aggregate, of five hundred dollars or more must file an initial certified campaign report fifteen days before an election. In addition to the mandatory requirements of Section 8-13-365(B), any candidate or committee may file electronically."
SECTION 22. Section 8-13-1308(D)(1) of the 1976 Code is amended to read:
"(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request."
SECTION 23. Section 8-13-1308 of the 1976 Code is amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION 24. The 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 25. Section 8-13-1310 of the 1976 Code is amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.
(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.
(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.
(D) As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."
SECTION 26. Section 8-13-1314 of the 1976 Code is amended to read:
"Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept:
(1) a contribution which exceeds:
(a) three five thousand five hundred dollars in the case of a candidate for statewide office; or
(b) one thousand two thousand five hundred dollars in the case of a candidate for any other office;
(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;
(3) a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;
(4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.
(B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."
SECTION 27. Section 8-13-1316 of the 1976 Code is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty seventy-five thousand dollars in the case of a candidate for statewide office;
(2) five seven thousand five hundred dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 28. Section 8-13-1324 of the 1976 Code is amended to read:
"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee, and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 29. Section 8-13-1332 of the 1976 Code is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction;
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution; and
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
SECTION 30. The 1976 Code is amended by adding:
"Section 8-13-1333. (A) Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public.
(B) An organization or a committee of an organization may solicit contributions from the general public."
SECTION 31. Section 8-13-1348(A) of the 1976 Code is amended to read:
"Section 8-13-1348. (A) No candidate, committee, public official, or political party, or ballot measure committee may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder; nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office."
SECTION 32. Section 8-13-1366 of the 1976 Code is amended to read:
"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may shall not require any information or identification as a condition of viewing a report or reports. The commissions commission, ethics committees, and the county clerks of court shall must ensure that the reports are available for copying or purchase at a reasonable cost."
SECTION 33. Section 8-13-1368 of the 1976 Code is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
SECTION 34. Section 8-13-1370(C) of the 1976 Code is amended to read:
"(C) A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's State's general fund;
(2) returned pro rata to all contributors;
(3) (a) if a committee, contributed to a political party or to another committee;
(b) or if a ballot measure committee, to another ballot measure committee;
(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
SECTION 35. Section 8-13-1372 of the 1976 Code is amended to read:
"Section 8-13-1372. (A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.
(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."
SECTION 36. The 1976 Code is amended by adding:
"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to it, must defend the action brought against the State or its political subdivision."
SECTION 37. Section 8-13-1510 of the 1976 Code is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."
SECTION 38. Section 8-13-1520 of the 1976 Code is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION 39. Section 2-17-20(C) of the 1976 Code is amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register under this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he the lobbyist was registered engaged in lobbying requiring him to register under this section."
SECTION 40. Section 2-17-20(G) of the 1976 Code is amended to read:
"(G) A lobbyist must reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist is registered, regardless of termination of lobbying activities during that year."
SECTION 41. Section 2-17-25(C) of the 1976 Code is amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist's principal who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered under this section."
SECTION 42. Section 2-17-25(G) of the 1976 Code is amended to read:
"(G) A lobbyist's principal must reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist's principal is registered, regardless of termination of authorization of lobbying activities during that year."
SECTION 43. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the 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, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 44. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 1. Section 1-3-240(C) of the 1976 Code is amended to read:
"(C) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(1) Workers' Compensation Commission;
(2) Commission of the Department of Revenue;
(3) Ethics Commission;
(4) Election Commission;
(5) Professional and Occupational Licensing Boards;
(6) Juvenile Parole Board;
(7) Probation, Parole and Pardon Board;
(8) Director of the Department of Public Safety;
(9) Board of the Department of Health and Environmental Control, excepting the Chairman;
(10) Chief of State Law Enforcement Division.;
(11) South Carolina Lottery Commission; and
(12) Executive Director of the Office of Public Staff, upon compliance with the requirements of Section 58-4-30(F).
Upon the expiration of an officeholder's term, such the individual may continue to serve until a successor has been appointed and qualifies."
SECTION 2. The 1976 Code is amended to read:
"Section 8-13-935. (A) No candidate for or person intending to become a candidate for the Public Service Commission (hereinafter candidate) may seek, directly or indirectly, the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the Public Service Commission until the qualifications of all candidates for that office have been determined by the Public Service Commission and Office of Public Staff Review Committee and the review committee has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting requests a person to contact a member of the General Assembly on behalf of the candidate before nominations are formally made by the review committee. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements or statement by the candidate detailing the candidate's qualifications.
(B) No member of the General Assembly may offer his pledge until the qualifications of all candidates for the Public Service Commission have been determined by the Public Service Commission and Office of Public Staff Review Committee and until the review committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly.
(C) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for the Public Service Commission.
(D) Violations of this section may be considered by the Public Service Commission and Office of Public Staff Review Committee when it considers the candidate's qualifications. Violations of this section by members of the General Assembly must be reported by the review committee to the House or Senate Ethics Committee, as may be applicable. Violations of this section by incumbent commissioners seeking reelection must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
SECTION 3. Part 6 of Chapter 6 of Title 37 of the 1976 Code is amended to read:
Division of Consumer Advocacy
Section 37-6-601. There is hereby created in the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as hereinafter provided.
Section 37-6-602. The consumer advocate may be the Administrator of Consumer Affairs or he may be appointed by the Administrator administrator with the approval of the Commission on Consumer Affairs. The consumer advocate shall must be an attorney qualified to practice in all courts of this State with a minimum of three years' practice experience.
Section 37-6-603. The Division of Consumer Advocacy shall must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office shall must be paid from appropriations provided annually in the State General Appropriation Act.
Section 37-6-604. (A) The Except as provided in subsection (C), the functions and duties of the Division of Consumer Advocacy are:
(1) To to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto and to provide legal representation of the consumer interest concerning Certificates of Need for health facilities and services, as required for an activity under Section 44-7-160, health care licensing procedures, and other health related-matters.;
(2) To to monitor existing regulations, rate structures and policies of that agency of special interest to consumers and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State.;
(3) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(4) To to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2) above, except that any proceedings initiated by the advocate must be brought on behalf of the public at large and not for individuals; initiation or continuation of any proceedings must be at the sole discretion of the consumer advocate.
(B) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(C) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003. Matters or appeals pending on June 30, 2003, shall be handled by the Consumer Advocate until June 30, 2005, when responsibility for such matters will be transferred to the Office of Public Staff.
Section 37-6-605. In the performance of his assigned functions the advocate shall must have reasonable access to records of all state agencies which are not classified by law as confidential, and all state agencies shall must cooperate with the advocate in the performance of his duties. In addition, the advocate shall must have reasonable access to confidential records and information, provided he enters a proprietary agreement to insure ensure their confidentiality. The South Carolina Department of Insurance and advocate also shall have access to records, information, and data of the insurance companies as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a rate making or other proceeding before the South Carolina Department of Insurance or the Public Service Commission, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the South Carolina Department of Insurance or the Public Service Commission, the issuance by the Director of the Department of Insurance or the executive director of the Public Service Commission of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter before the South Carolina Department of Insurance or the Public Service Commission. If the executive director issues or refuses to issue the order, the aggrieved party may appeal to the full commission. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. For good cause shown, in lieu of a written request, the request for such an order may be made orally upon the record to the presiding officer at the hearing. Any objections to the issuance of the order must be filed with the commission within three days of being notified of the written request or such the order. Any objections so filed must list the specific grounds for objection. The commission shall rule on the objections within ten days or the objection is denied.
Section 37-6-606. (1)(A) Whenever the advocate determines that it would be in the interest of consumers affected by regulatory agencies, he may file with the appropriate regulatory agency a petition requesting it to commence or complete a proceeding respecting any organization whose operations substantially affect the consumer interest.
(2)(B) The petition shall set forth must state facts which it is claimed claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the hearing proceeding.
(3)(C) The regulatory agency may hold a public hearing or may conduct such investigation or proceeding as it deems considers appropriate in order to determine whether or not such the petition should be granted.
(4)(D) Within sixty days after the filing of the petition described in item (1) of this section subsection (A), the regulatory agency shall must either grant or deny the petition. If the agency grants the petition, it shall must promptly commence or complete the proceeding, as requested by the petition. If the agency denies the petition it shall must publish the reasons for such the denial.
(5)(E) If the regulatory agency denies the petition made under this section (or if it fails to grant or deny such the petition within sixty days), the petitioner may commence a civil action in the circuit court to compel the regulatory agency to commence or complete the proceeding as requested in the petition. Any such The action may be filed by the petitioner thirty days after the denial of the petition or, if the agency fails to grant or deny the petition within sixty days, within thirty days after the expiration of the sixty-day period.
(6)(F) If the petitioner can demonstrate demonstrates to the satisfaction of the court that the failure of the agency to commence or complete the proceeding as requested in the petition was unreasonable, the court shall must order the agency to commence or complete the proceeding as requested in the petition.
(7)(G) In any action under this section, the court shall have has no authority to compel the agency to take any action other than the commencement or completion of a proceeding.
(H) The remedies under this subsection shall be are in addition to and not in lieu of other remedies provided by law.
(I) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-607. (A) The advocate shall be deemed is considered to have an interest sufficient to maintain actions for judicial review and may, as of right, and in the manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of an agency action that the consumer advocate determines may substantially affect the interests of consumers.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-608. (A) To the extent necessary to carry out the consumer advocacy responsibilities, the advocate may in addition to a regular staff, employ temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to such persons may be commensurate with compensation generally paid by the regulated industry for such these specialists, but shall not exceed the appropriation made for such purposes.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-609. (A) Decisions of the Consumer Advocate consumer advocate respecting whether, when, or how to initiate, continue, or intervene in proceedings under Sections 37-6-601 to 37-6-608, shall must be in the sole discretion of the Consumer Advocate consumer advocate except as modified by order of a Court court of competent jurisdiction.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003."
SECTION 4. Article 1, Chapter 3 of Title 58 of the 1976 Code is amended to read:
General Provisions
Section 58-3-5. As used in this chapter and Chapter 4:
(1) 'A business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.
(2) 'Immediate family' means an individual who is:
(a) a child residing in the person's household;
(b) a spouse of the person; or
(c) an individual claimed by the person or the person's spouse as a dependent for income tax purposes.
(3) 'Commission' means the Public Service Commission.
(4) 'Hearing officer' means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.
(5) 'Public staff' means the executive director or the executive director and employees of the Office of Public Staff.
(6) 'Public utility' means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, motor vehicle carrier as defined in Section 58-23-10, and electrical utility as defined in Section 58-27-10. Solely for the purpose of participation in proceedings concerning Article 5 of Chapter 27 of Title 58, electric supplier as defined in Section 58-27-610 is included in the definition of public utility.
(7) 'Review committee' means the Public Service Commission and Office of Public Staff Review Committee.
Section 58-3-10. A commission is hereby established to be known as 'The Public Service Commission,' which shall be composed of seven members, whose powers over all transporting and transmitting corporations and public utilities and whose duties, manner of election, and term of office shall be prescribed by law. (A) The Public Service Commission as constituted under law in effect before May 15, 2002, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.
(B) Any case docketed for hearing before the commission prior to the effective date of this act shall continue to be under the jurisdiction of the commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the commission binding. The rules of procedure and review for the commission in effect on the date of filing of the pending action remain in effect until the final disposition of the pending action, notwithstanding other provisions of this chapter.
Section 58-3-20 58-3-15. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For any election for a term beginning after May 15, 2002, the members must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between a student and an instructor prior to completion of the academic program,
(b) an institution of higher learning that has been accredited by a regional or national accrediting body, or
(c) institution of higher learning chartered before 1962, and
(2) must have a background of substantial duration and an expertise in at least one of the following:
(a) energy issues;
(b) telecommunications issues;
(c) consumer protection and advocacy issues;
(d) water and wastewater issues;
(e) finance, economics, and statistics;
(f) accounting;
(g) engineering; and
(h) law.
(B) Beginning in 2002, the members of the Public Service Commission must be elected to staggered terms. In 2002, the members representing the first, third, and fifth congressional districts must be elected for two-year terms ending in 2004 and until their successors are elected and qualify. In 2002, the members representing the second, fourth, and sixth congressional districts and the State-at-large must be elected for four-year terms ending in 2006 and until their successors are elected and qualify. Thereafter, members are elected to terms of four years and until their successors are elected and qualify.
(C) The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly. The elections held in 2002 and for any vacancies for a term beginning in 2002 must be based on the congressional districts established pursuant to the official United States Decennial Census of 1990. The elections held after 2004 must be based on the congressional districts established pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission.
(D) Beginning in 2002, the members of the Public Service Commission shall be elected in joint session by a majority vote of the Senate and a majority vote of the House of Representatives. The candidate for each seat who receives a majority of votes cast in each body must be declared the winner.
Section 58-3-24 58-3-20. After January 1, 1981, no A member of the General Assembly or a member of his immediate family shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person a member of the General Assembly or a member of his immediate family be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
Section 58-3-25. (A) Unless otherwise provided by law, no person may serve as a member of the Public Service Commission if the Public Service Commission regulates any business with which that person is associated.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the Public Service Commission if the commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.
Section 58-3-30. (A) The commissioners are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, except as provided in Section 58-3-140. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners must comply with the requirements of the State Ethics Act in Chapter 13 of Title 8.
(B) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the Public Service Commission and Office of Public Staff Review Committee.
Section 58-3-26. Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, a review committee, composed of ten members, three of whom shall be members of the House of Representatives, three of whom shall be members of the Senate, two of whom shall be appointed by the President Pro Tempore of the Senate from the general public at-large, and two of whom appointed by the Speaker of the House of Representatives from the general public at-large shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective legislative members shall be selected. Provided, however, that in making appointments to the review committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The review committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The review committee shall conduct its screening pursuant to the provisions of Section 2-19-10 et seq.
The members of the general public appointed by the Speaker and the President Pro Tempore must be representative of all citizens of this State, must not be members of the General Assembly, and must not be affiliated in any way with an entity regulated by the commission.
In screening such persons for election to the Public Service Commission the joint committee shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In screening persons for election to the Public Service Commission, the joint committee shall consider the knowledge and experience of the potential appointees in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs and finance. In making its findings the joint committee shall seek to find the best qualified people giving due consideration to their ability and integrity.
Section 58-3-30 58-3-40. The commissioners shall must take the oath of office provided by the Constitution and the oaths prescribed by law for State state officers. The Governor may fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been is elected by the General Assembly.
Section 58-3-40 58-3-45. (A) The Commission commission shall must elect one of their number to be chairman for a period of two years. The Commission shall be furnished with an office and necessary furniture and stationery and may employ a secretary or clerk
(B) The chairman is the chief executive and administrative officer of the commission.
(C)(1) Upon the request of any party or any commissioner, the commission must employ a hearing officer who must hear and determine procedural motions or petitions not determinative of the merits of the proceedings and made prior to hearing; and, at the hearing, shall make all rulings on motions and objections. If qualified pursuant to item (3), a commission staff attorney may serve as hearing officer.
(2) The hearing officer has full authority, subject to being overruled by the commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case.
(3) The hearing officer must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
Section 58-3-50. The clerk of the commission may administer oaths.
Section 58-3-60 58-3-55. The commission may employ technical, administrative, or clerical staff or other aid as may be necessary for its respective departments to carry out the provisions of Chapters 1 to 17, 21, 23, and 33 of this title and may fix the compensation for employment. The Commission may also employ and utilize administrative law judges or hearing officers to preside over rate hearings and other contested matters. The administrative law judge or hearing officer has full authority, subject to being overruled by the Commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case. The compensation, costs, and expenses incurred incident to utilization of an administrative law judge or hearing officer must be fixed or approved by the Commission and must be included as expenses of the Commission under Section 58-3-100.
(A) The commission is authorized and empowered to employ a chief clerk and deputy clerk; a commission attorney and assistant commission attorneys; a hearing officer; hearing reporters; transportation inspectors; pipeline safety inspectors; railway safety inspectors; and such other professional, administrative, technical, and clerical personnel as the commission determines to be necessary in the proper discharge of the commission's duty and responsibility as provided by law. The chairman must organize and direct the work of the commission staff. The salaries and compensation of all personnel must be fixed in the manner provided by law for fixing and regulating salaries and compensation by other state agencies.
(B) Subject to Section 58-3-580, the commission must be staffed and equipped to perform the functions set forth in this title except for those responsibilities and functions reserved to the Office of Public Staff. The expenses must be paid from the assessments collected pursuant to Section 58-3-70. The chairman, within allowed budgetary limits and as allowed by law, must authorize and approve travel, subsistence, and related expenses of personnel, incurred while traveling on official business.
(C) The commissioners have no authority to supervise the Office of Public Staff.
(D) The commission has no authority to inspect, audit, or examine public utilities. The inspection, auditing, and examination of public utilities is the sole responsibility of the Office of Public Staff.
Section 58-3-70 58-3-60. The chairman and members of the Commission commission shall must receive annual salaries payable in the same manner as the salaries of other state officers are paid. Each commissioner must devote full time to his duties as a commissioner, and must not engage in any other employment, business, profession, or vocation during the normal business hours of the Public Service Commission.
Section 58-3-80. The commissioners and their secretary shall be transported free of charge, when in the performance of the duties of their office concerning railroads, over all railroads and railroad trains in this State and they may take with them experts or other agents whose services they may deem to be temporarily of importance and such agents shall in like manner be transported free of charge.
Section 58-3-90 58-3-65. The Commission commission shall must meet at least once each month, and the chairman shall must call a meeting at any other time upon the written request of any two members of the Commission commission. A majority of the commissioners shall constitute constitutes a quorum for the transaction of all business pertaining to their office.
Section 58-3-95 58-3-67. Whenever a corporation or person furnishing heat, water, sewerage collection, sewerage disposal, or street railway service, or whenever a telephone utility with fewer than ten thousand customers as of the date of filing, files a schedule setting forth proposed changes with the Commission commission pursuant to the procedures prescribed in this title, a panel of three members of the Commission shall commission must hear and rule on the proposed changes. The chairman of the Commission shall commission must appoint the members of the panel.
Section 58-3-100 58-3-70. The expenses of the Transportation Department of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, and assessments to the carriers of household goods and hazardous waste for disposal carriers. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.
Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all All other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, and electric utilities as defined in Section 58-27-10, household goods carriers, hazardous waste for disposal carriers, and railway companies subject to under the commission's Public Service Commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue shall must assess each public utility company, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the Department of Revenue in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State.
The Public Service Commission shall certify to the South Carolina Department of Revenue annually on or before May first the amounts to be assessed.
The commission shall operate as an other-funded agency.
Section 58-3-110 58-3-75. The appropriation for the Public Service Commission's office shall must be advanced by the State until it shall have has been collected from the corporations liable therefor and, when collected, shall must be placed in the State Treasury state treasury.
Section 58-3-120. The Attorney General shall:
(1) represent and appear for the people of the State and the Commission in all actions and proceedings involving any question of general and public interest within the jurisdiction of the Commission and, if directed to do so by the Commission, intervene, if possible, in any action or proceeding in which any such question is involved;
(2) Commence, prosecute and expedite the final determination of all actions and proceedings directed or authorized by the Commission;
(3) Advise the Commission and each commissioner, when so requested, in regard to all matters connected with powers and duties of the Commission and the members thereof; and
(4) Generally perform all duties and service as attorney to the Commission which the Commission may require of him.
Section 58-3-130 58-3-80. Every State state department, board, and commission, and every officer or agent of the State shall must furnish to the Commission commission and Office of Public Staff, upon demand, for its inspection and for its confidential use any record filed with it or him or any information in their possession concerning the property values, operation, income, or other matter of any person doing business as a public utility in this State, as defined in Section 58-5-10, an electric utility or a motor vehicle carrier.
Section 58-3-140 58-3-85. (A) The Public Service Commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in this State.
(B) The Commission commission shall must develop and publish a policy manual, which shall must set forth guidelines for the administration of the Commission commission. All procedures shall must incorporate state requirements and good management practices to ensure the efficient and economical utilization of resources.
(C) The Commission commission shall must facilitate access to its general rate request orders in contested matters involving over one hundred thousand dollars by publishing an order guide which indexes and cross-references such orders issued after the effective date of this act by subject matter and case name. The order guide must be made available for public inspection.
(D) The Commission commission is authorized to and shall must promulgate regulations to require the direct testimony of witnesses appearing on behalf of utilities, and of witnesses appearing on behalf of persons having formal intervenor status, to be reduced to writing and prefiled with the Commission commission in advance of any hearing.
(E) Nothing in this section may be interpreted to repeal or modify specific exclusions from Public Service Commission jurisdiction found in Title 58 or any other titles.
Section 58-3-142 58-3-90. No member of the General Assembly or any member of a member's law-firm law firm shall appear before the Public Service Commission in any rate fixing proceeding representing any party in such the proceeding for any purposes including political purposes, and it shall be is the duty of the presiding commissioner or hearing officer to enforce the provisions of this section. Provided, however However, this section shall does not apply to any member of the General Assembly appearing as a witness on either side of any hearing.
Section 58-3-145. The Public Service Commission shall notify the Chief Justice of the South Carolina Supreme Court of all pending contested rate matters where the amount in controversy in such rate matters is in excess of one million dollars annually. The Chief Justice, when so notified or when otherwise requested to do so by the Chairman of the Commission, shall appoint a circuit judge to preside over the hearings in such cases. Such judge shall have full authority to rule on questions concerning the conduct of the case and the admission of evidence but shall not participate in the determination on the merits of any such case.
During the conduct of such hearings, the judge shall have the same authority to control the proceedings and the conduct of participants therein as he would have in proceedings being heard in the circuit courts of the State.
Section 58-3-150 58-3-93. The Commission commission may investigate all existing or proposed interstate rates, fares, tolls, charges, and classifications and all rules and practices in relation thereto, for or in relation to the transportation of persons or property, when any act in relation thereto shall take takes place within this State. When the same are, in the opinion of the Commission commission, excessive or discriminatory or in violation of the act of Congress entitled 'An Act to Regulate Commerce,' approved February 4, 1887, and the acts amendatory thereof and supplemental thereto, or of any other act of Congress, or in conflict with the rulings, orders or regulations of the Interstate Commerce Commission, the Public Service Commission may apply by petition or otherwise to the Interstate Commerce Commission or to any court of competent jurisdiction for relief.
Section 58-3-160. The Commission may appear and participate in railroad abandonment, railroad extension or any other proceedings before the Interstate Commerce Commission, whenever, in the judgment of the Commission, such proceedings affect the welfare of the State and its people.
Section 58-3-170 58-3-95. In case of failure on their part to agree, the Commission commission shall must supervise and fix all agreements, contracts, rates, or the divisions thereof and rules and regulations between or among common carriers and telephone and telegraph companies, of whatever kind, placed under the control or supervision of the Commission commission.
Except insofar as rates, transactions affecting rates, or transactions affecting service areas are concerned, the provisions of this section do not apply to transactions between a telephone cooperative association and its subsidiary corporation or cooperative association.
Section 58-3-180 58-3-100. The Commission commission shall make such rules and must promulgate regulations as may be necessary to carry into effect effectuate the provisions of Section 58-3-170 58-3-95.
Section 58-3-190 58-3-105. All persons or corporations that are included within the definition of a 'public utility,' as defined in Section 58-5-10 as well as every a motor vehicle carrier Except for municipally-owned and operated utilities, all public utilities doing business in this State, except such as are those municipally owned and operated, shall must promptly, when required by the Public Service Commission, furnish to the Commission a full and detailed written report and written information concerning its their business affairs or any matter pertaining thereto, as shall be is specified in such the requirement, and shall must with like promptness also promptly answer fully all questions and interrogatories which may be propounded by the Commission commission. Any written report or written information furnished under this section to the commission must be furnished in the same manner and form and at the same time to the Office of Public Staff.
Section 58-3-200 58-3-110. If, in the judgment of the Commission commission, the information or reports referred to in Section 58-3-190 58-3-105 are not furnished within a reasonable time or the questions or interrogatories referred to in said section are not answered fully within a reasonable time or, if so furnished and answered, are not satisfactory to the Commission commission, the commission shall must give by written notice to such the person or corporation the particulars in which such information, reports, or answers to such the questions or interrogations are not satisfactory, and such the person or corporation shall have has a reasonable time in which to comply with the requirements of such the notice in the particulars therein mentioned in the notice.
Section 58-3-210 58-3-115. If it is desired for any reason to verify or recheck the information furnished under Sections 58-3-190 or 58-3-200 Section 58-3-105 or 58-3-110, the Commission commission, in person or by its agents, shall may request the Office of Public Staff to make such an examination of the books, papers, accounts, and records of and such the inspection of the properties of the persons referred to in Section 58-3-190 58-3-105 as shall be necessary to procure the information required. To that end the The Commission commission may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the Commission commission may designate and the expense of making such the necessary examination or inspection for the procuring of such the information shall must be paid by the party so examined or inspected, to be collected by the Attorney General on behalf of the Commission by suit or action, if necessary, except, that, if such the examination and inspection and the reports thereof disclose that a full and accurate response had previously been made pursuant to the requirements of the Commission in regard thereto, the expense of making such the examination and inspection shall must be paid out of the funds of the Commission commission.
Section 58-3-220 58-3-120. All penalties and forfeitures collected from railroad, express, telegraph, and telephone companies for failure to comply with orders of the Commission commission shall must be paid over one half one-half into the State Treasury state treasury and the other half into the county treasury of the county in which the suit is brought imposing the penalty or forfeiture so collected, such the revenues accruing from such collections to be used for general State state and county purposes.
Section 58-3-225 58-3-125. (A) Hearings conducted before the Public Service Commission shall must be conducted under dignified and orderly procedures designed to protect the rights of all parties.
(B) All persons appearing in a representative capacity before the Commission commission in its proceedings should conform to the standards of ethical conduct required of attorneys practicing before the courts of this State.
(C) Any person, firm, or corporation who disregards Commission commission orders after due notice or who engages in conduct calculated to bring the due and orderly course of Commission commission proceedings into disrespect or disregard, or to interfere with or prejudice parties litigant or their witnesses during the proceedings may, by order of the Commission commission or its presiding officer be ejected for the remainder of that day from such the proceedings. If that person, firm, or corporation engages in further conduct resulting in ejection for a second day or portion thereof in the same proceeding he shall must also be declared in contempt and cited for such to any circuit judge, who may punish by a fine not to exceed five hundred dollars or imprisonment not to exceed thirty days, or both. Such The proscribed conduct shall include includes, but is not be limited to, any person, firm, or corporation intentionally delaying the proceedings by the injection of matters determined not to be relevant after a proper warning that such the matters shall not be pursued.
(D) The above provision shall provisions of this section must not be construed as limiting any powers of the Commission commission under existing law.
(E) A party may strike its petition, application, complaint, counterclaim, cross-claim, or third party claim from any commission docket one time as a matter of right, if all parties adverse to that petition, application, complaint, counterclaim, cross-claim, or third party claim agree in writing that it may be stricken.
Section 58-3-240 58-3-130. (A) As used in this section:
(1) 'privately owned Privately-owned industrial park' means a privately owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately owned privately-owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;.
(2) 'Industrial premises' means a building, structure, plant, or facility which is located in a privately owned privately-owned industrial park and is owned or leased by an industrial user;.
(3) 'Industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;.
(4) 'Provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates that offer or provide, or both, utility services to the public or any portion of it outside a privately owned privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately owned privately-owned industrial park; and.
(5) 'Jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.
(B) The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately owned privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.
(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall must file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B).
Section 58-3-135. (A) All final orders and decisions of the commission must be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings, and must include:
(1) findings and conclusions and the reasons or bases therefor upon all the material issues of fact, law, or discretion presented in the record; and
(2) the appropriate rule, order, sanction, relief, or statement of denial thereof.
(B) A copy of every final order or decision under the seal of the commission must be served by registered or certified mail upon the person against whom it runs or his attorney, and notice thereof must be given to the other parties to the proceeding or their attorneys. The order takes effect and becomes operative when issued unless otherwise designated, and continues in force either for a period which may be designated or until changed or revoked by the commission. If an order cannot, in the judgment of the commission, be complied with within the time designated, the commission may grant and prescribe additional time as is reasonably necessary to comply with the order and, on application and for good cause shown, may extend the time for compliance fixed in its order.
Section 58-3-140. (A) Except as provided in subsection (B) or unless required for the disposition of ex parte communication matters specifically authorized by law, a commissioner, hearing officer, or commission employee may not communicate, directly or indirectly, regarding any issue in any proceeding with any party or with any person without notice and opportunity for all parties to participate in the communication. For purposes of this section, a 'proceeding' means a contested case or any other matter to be adjudicated, promulgated, or arbitrated by the commission.
(B) A commissioner may communicate with other commissioners regarding matters pending before the commission, and any commissioner, hearing officer, or commission employee may receive aid from commission employees if the commission employees providing aid do not:
(1) receive ex parte communications of a type that the commissioner, hearing officer, or commission employee would be prohibited from receiving; or
(2) furnish, augment, diminish, or modify the evidence in the record.
(C) Unless required for the disposition of ex parte matters specifically authorized by law, no party to a proceeding and no person may communicate, directly or indirectly, in connection with any issue in a proceeding with any commissioner, hearing officer, or commission employee without notice and opportunity for all parties to participate in the communication.
(D) Except as provided in item (1), prior to the filing with the commission of any pleadings, applications, or other documents that could initiate a proceeding, a commissioner, hearing officer, or commission employee may not communicate, directly or indirectly, with any party or person regarding any fact, law, or other matter that may become an issue in a proceeding. If before serving in a proceeding, a commissioner, hearing officer, or commission employee receives an ex parte communication of a type that may not properly be received while serving, the commissioner, hearing officer, or commission employee, promptly after starting to serve, must disclose the communication in the manner prescribed in subsection (E) if the Executive Director of the Office of Public Staff or his designee was not present at the time the ex parte communication was received.
(1) A commissioner or commission employee may communicate, directly or indirectly, with any party or person regarding any fact, law, or other matter that may become an issue in a proceeding for the purposes of an educational briefing if:
(a) all members of the commission are invited to attend the briefing;
(b) the Executive Director of the Office of Public Staff or his designee attends the briefing; the executive director files a written statement describing the subject matter discussed and the parties, persons, commissioner, commission employees, and Office of Public Staff employees in attendance; and the executive director certifies that the briefing was not of a subject matter so similar to nor so close in proximity in time to a contemplated proceeding so as be an attempt to evade or circumvent the limitations of this section on ex parte communication during a proceeding.
(E) If a commissioner, hearing officer, or a commission employee receives an ex parte communication in violation of this section, he must place on the record of the matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the commissioner, hearing officer, or commission employee received an ex parte communication, and must advise all parties that these matters have been placed on the record. Within ten days after receipt of notice of the ex parte communication, any party who desires to rebut the contents of the communication must request and shall be granted the opportunity to rebut the contents.
(F) If necessary to eliminate the effect of an ex parte communication received in violation of this section, a commissioner, hearing officer, or commission employee who receives the communication may be disqualified by the commission, and the portions of the record pertaining to the communication may be sealed by protective order.
(G) Any commissioner, hearing officer, commission employee, party, or any other person must report any wilful violation of this section on the part of a commissioner, hearing officer, or commission employee to the State Ethics Commission for any disciplinary proceedings or action provided by law. In addition, a copy of the report must be filed with the Public Service Commission and Office of Public Staff Review Committee as a matter of information to become part of the review committee's annual review of the commission and its members.
(H) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars or imprisoned for not more than six months.
Section 58-3-145. (A) Any party seeking remedial relief from alleged violations of Section 58-3-140 may file a complaint with the Administrative Law Judge Division.
(B) A complaint seeking sanctions must include the following information:
(1) the name and address of the complainant;
(2) the name and address of complainant's counsel, if any;
(3) the name and address of each person alleged to have violated the ex parte prohibition (hereinafter referred to as respondent);
(4) the name and address of each respondent's counsel, if known;
(5) the facts constituting the alleged violation; and
(6) the sanctions sought by the complainant.
(C) A complaint filed under this section must be served on the commission, each respondent, and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.
(D) Within seven days of service of the complaint, a respondent must file an answer with the Administrative Law Judge Division and serve it on the complainant and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.
(E) The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division may issue an order tolling any statutory deadlines for a decision by the commission on the proceeding that is subject of the ex parte communication complaint. The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division must conduct a hearing and must issue a decision within sixty days after the complaint is filed.
(F) The decision of the administrative law judge must describe the relevant facts of the case and must set forth the judge's findings as to whether the ex parte communication was in violation of Section 58-3-170. The judge must also impose sanctions in accordance with subsection (G). In imposing these sanctions, the judge must, as a matter of equity, protect the rights and interests of parties who are not alleged to have violated Section 58-3-170 and the public interest in general.
(G) In the decision required by subsection (F), the administrative law judge may impose the following sanctions:
(1) dismiss the proceeding if the prohibited ex parte communication has so prejudiced the proceeding that the commission cannot consider it impartially;
(2) issue an adverse ruling on a pending issue that is the subject of the prohibited ex parte communication if other parties are prejudiced by the prohibited ex parte communication;
(3) strike evidence or pleadings if the evidence or pleadings are tainted by the prohibited ex parte communication;
(4) issue a public statement of censure, if it is determined that the prohibited ex parte communication occurred but mitigating circumstances exist that:
(a) negate the need for a more severe sanction;
(b) do not prejudice the proceeding to the extent that the commission is unable to consider the matter in the proceeding impartially;
(c) do not prejudice other parties; or
(d) do not taint the evidence or pleadings.
(H) If the administrative law judge finds the complainant's allegation of an ex parte violation was interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of the proceeding, the administrative law judge may issue an appropriate sanction against the complainant.
Section 58-3-150. A former commissioner must not be employed by a public utility for a period of one year following his service as a commissioner. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."
SECTION 5. Chapter 3 of Title 58 of the 1976 Code is amended by adding:
Public Service Commission and Office of Public Staff Review
Committee
Section 58-3-510. There is hereby established a committee to be known as the Public Service Commission and Office of Public Staff Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.
Section 58-3-520. (A) The review committee shall consist of nineteen members, five of whom must be appointed by the President Pro Tempore of the Senate from the membership of the Senate, two of whom must be appointed by the President Pro Tempore of the Senate from the general public at-large, five of whom must be appointed by the Speaker of the House of Representatives from the membership of the House, two of whom must be appointed by the Speaker of the House of Representatives from the general public at-large, and five of whom must be appointed by the Governor. The Governor must not appoint a member of the General Assembly or a member's immediate family member.
(B) The terms of the members appointed by the President Pro Tempore shall be coterminous with the President Pro Tempore's term of office, and the members appointed by the Speaker shall be coterminous with the Speaker's term of office. The terms of those members appointed by the Governor expire with the term of the appointing Governor. Members serve at the pleasure of their appointing officer and any vacancies occurring on the review committee must be filled by the appropriate appointing officer of the General Assembly or by the Governor.
(C) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and on the call of the chairman or a majority of the members. A quorum consists of ten members.
(D) Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Public Service Commission or for the Executive Director of the Office of Public Staff, the candidate must not be elected to the Public Service Commission or appointed to serve as Executive Director of the Office of Public Staff.
Section 58-3-530. The review committee has the following powers and duties:
(1) to nominate:
(a) no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Sections 58-3-15 and 58-3-560;
(b) no more than one qualified candidate for the Governor to consider in appointing the Executive Director of the Office of Public Staff. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 58-4-30. A person must not be appointed to serve as Executive Director of the Office of Public Staff unless nominated by the review committee. If the Governor rejects a person nominated by the review committee for executive director, the review committee must nominate another single candidate for the Governor to consider, until the Governor makes an appointment;
(2) to set the salary of the Executive Director of the Office of Public Staff;
(3) to conduct an annual performance review of each member of the Public Service Commission. A draft of the member's performance review must be submitted to the member and the member must be allowed an opportunity to be heard before the review committee before a final draft of the performance review is submitted to the General Assembly. The final performance reviews must be made a part of the member's record for consideration if the member seeks reelection to the Public Service Commission;
(4) to evaluate the actions of the South Carolina Public Service Commission, including the review of its interim and final orders, to the end that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, individual and corporate;
(5) to develop and distribute to each party and its representatives appearing before the South Carolina Public Service Commission a survey evaluating the commissioners. At a minimum, the survey must include the following factors:
(a) knowledge and application of substantive utility issues, ability to perceive relevant issues,
(b) absence of influence by political considerations,
(c) absence of influence by identities of lawyers,
(d) absence of influence by identities of litigants,
(e) courtesy to all persons appearing before the South Carolina Public Service Commission, and
(f) temperament and demeanor in general, preparation for hearings, and attentiveness to hearings;
(6) to develop and distribute to each employee of the Public Service Commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following factors:
(a) knowledge and application of substantive utility issues, ability to perceive relevant issues,
(b) absence of influence by political considerations,
(c) absence of influence by identities of lawyers,
(d) absence of influence by identities of litigants,
(e) courtesy to all persons appearing before the South Carolina Public Service Commission,
(f) temperament and demeanor in general, preparation for hearings, and attentiveness to hearings, and
(g) demonstrated ability for leadership and management by the commissioner;
(7) to submit evaluations to the General Assembly, on an annual basis, of the performance of the South Carolina Public Service Commission. A proposed draft of such evaluations must be submitted to the South Carolina Public Service Commission prior to submission to the General Assembly, and the South Carolina Public Service Commission must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(8) to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the commissioners and employees of the Public Service Commission and the executive director and employees of the Office of Public Staff;
(9) to make reports and recommendations to the General Assembly, from time to time, on matters relating to the powers and duties set out in this section; and
(10) to undertake such additional studies or evaluations as may, from time to time, be referred by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or either body of the General Assembly.
Section 58-3-540. The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee.
Section 58-3-550. (A) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(B) The review committee has the power to employ other professional staff, upon the determination of the necessity therefore by the review committee, if sufficient funds for such outside staff are available with the review committee's budget.
(C) The review committee is authorized to employ consultants to assist in identifying candidates for the Executive Director of the Office of Public Staff.
(D) The costs and expenses of the committee must be funded in the annual state appropriation act.
Section 58-3-560. (A) Whenever an election is to be held by the General Assembly in joint session to elect, pursuant to Section 58-3-15(D), a person to serve on the Public Service Commission, the review committee must conduct its screening pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee.
(B) In order to be nominated for a seat on the South Carolina Public Service Commission, candidates must meet the minimum qualifications provided in Section 58-3-15 and this section. In screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:
(1) ability, dedication, compassion, common sense, and integrity of the candidates;
(2) the level of expertise and experience of the candidates in such varied fields as energy, telecommunications, consumer protection and advocacy, water and wastewater, finance, economics, and statistics, accounting, engineering, or law; and
(3) the race and gender of the candidates and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State.
Section 58-3-570. (A) The review committee must recommend a method by which tariffs may be filed with the Office of Public Staff and, if not contested, become effective upon publication. This proposal must include authority for the Executive Director of the Office of Public Staff to oppose proposed tariffs before the Public Service Commission. The review committee must prepare and deliver a report along with its recommendations concerning filing of tariffs to the General Assembly by no later than January 15, 2003.
(B) The review committee must conduct a comprehensive study of other states' commissions' structures, responsibilities, qualifications, and compensation. The review committee must prepare and deliver this report along with its recommendations to the General Assembly by no later than January 15, 2004.
Section 58-3-580. No later than June 30, 2003, the Public Service Commission and Office of Public Staff Review Committee must allocate personal service positions within the Public Service Commission to either the Public Service Commission or the Office of Public Staff. The review committee must organize appropriate divisions within the commission and within the Office of Public Staff. The review committee's authority to reorganize the agencies and assign personal service positions supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Public Staff has sole authority to select and employ personnel of the Office of Public Staff. On and after June 30, 2003, a Public Service Commission employee whose position is transferred to the Office of Public Staff is, upon application to the executive director, entitled only to due consideration for the position."
SECTION 6. Title 58 of the 1976 Code is amended by adding:
Office of Public Staff
Section 58-4-10. (A) There is hereby created the Office of Public Staff as a separate agency of the State with the duties and organizations as hereinafter provided.
(B) The Office of Public Staff must be considered a party of record in all filings, applications, or proceedings before the commission. The public staff must represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means:
(1) concerns of the using and consuming public with respect to public utility services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina; and
(3) continued investment in and maintenance of utility plants so as to provide reliable and high quality utility services.
(C) The Office of Public Staff is subject to the provision of Section 58-3-140 prohibiting ex parte communications with the Public Service Commission, and any advice given to the commission by the public staff must be given in a form, forum, and manner as may be given by any other party or person.
Section 58-4-20. (A) The Office of Public Staff shall consist of the executive director and other professional, administrative, technical, and clerical personnel as may be necessary in order for the public staff to represent the public interest, as hereinafter provided. All such personnel must be appointed, supervised, and directed by the executive director.
(B) The public staff is not subject to the supervision, direction, or control of the commission, the chairman, or members of the commission.
(C) Except for the executive director, the salaries and compensation of all personnel must be fixed in the manner provided by law for fixing and regulating salaries and compensation by other state agencies.
(D) The Office of Public Staff must not be physically housed in the same location as the Public Service Commission.
Section 58-4-30. (A) The Executive Director of the Public Staff must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
(B) The Public Service Commission and Office of Public Staff Review Committee must nominate one candidate as qualified to serve as executive director for the Governor's consideration.
(1) A person must not be appointed to serve as Executive Director of the Office of Public Staff unless the review committee nominates the person.
(2) If the Governor rejects a person nominated by the review committee for executive director, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment.
(C) The executive director must be appointed by the Governor with the advice and consent of the Senate for a term of six years and until his successor is appointed and confirmed.
(D) The name of the executive director appointed by the Governor must be submitted to the Senate on or before April first of the year in which the term of the executive director begins.
(E) The initial term of office for the executive director begins July 1, 2003.
(F) The executive director may be removed from office by the Governor in the event of his incapacity to serve. In addition, the executive director may be removed for cause from office by the Governor pursuant to Section 1-3-240(C) only after a two-thirds majority vote of the Public Service Commission and Office of Public Staff Review Committee recommends removal for cause.
(G) In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of a nominee for the executive director's successor must be submitted by the Public Service Commission and Office of Public Staff Review Committee to the Governor, who must send his appointment to the Senate for confirmation. If a vacancy arises in the office when the Senate is not in session, the review committee must nominate a candidate and the Governor must appoint an executive director to serve on an interim basis pending confirmation by the Senate.
(H) The executive director must take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.
(I) The salary of the executive director must be set by the Public Service Commission and Office of Public Staff Review Committee.
Section 58-4-40. (A) Unless otherwise provided by law, no person may serve as the Executive Director of the Office of Public Staff if the Public Service Commission regulates any business with which that person is associated.
(B) If the Public Service Commission regulates a business with which an employee of the Office of Public Staff is associated, the employee annually must file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the Office of Public Staff if the Public Service Commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.
Section 58-4-50. (A) It is the duty and responsibility of the public staff to:
(1) review, investigate, and make appropriate recommendations to the commission with respect to the reasonableness of rates charged or proposed to be charged by any public utility and with respect to the consistency of these rates with the public policy of assuring an energy supply adequate to protect the public health and safety and to promote the general welfare;
(2) make inspections, audits, and examinations of public utilities. The public staff has sole responsibility for this duty, and the commission has no authority to make inspections, audits, and examinations of public utilities;
(3) review, investigate, and make appropriate recommendations to the commission with respect to the service furnished or proposed to be furnished by any public utility;
(4) represent the public interest in all commission proceedings;
(5) when considered necessary by the executive director and in the public interest, petition the commission to initiate proceedings to review, investigate, and take appropriate action with respect to the rates or service of public utilities;
(6) represent the public interest in all certificate applications;
(7) represent the public interest in all proceedings wherein any public utility proposes to reduce or abandon service to the public;
(8) investigate complaints affecting the public interest generally, including those which are directed to the commission, commissioners, or commission employees, and where appropriate make recommendations to the commission with respect to these complaints;
(9) make studies and recommendations to the commission with respect to standards, regulations, practices, or service of any public utility pursuant to the provisions of this title; however, the public staff has no duty, responsibility, or authority with respect to the enforcement of natural gas pipeline safety laws, rules, or regulations;
(10) when considered necessary by the executive director and in the public interest, participate in commission proceedings with respect to transfers of franchises, mergers, consolidations, and combinations of public utilities;
(11) when considered necessary by the executive director and in the public interest, provide legal representation of the public interest before federal regulatory agencies in proceedings which could affect the rates or service of any public utility;
(12) review, investigate, and make appropriate recommendations to the commission with respect to contracts of public utilities with affiliates or subsidiaries;
(13) to monitor existing regulations, rate structures, and policies affecting public utilities which are of special interest to consumers and to report to, and educate the public, by reporting through the news media and other sources, concerning proposed changes therein under consideration and the effect of those changes on the lives of the citizens of this State; and
(14) upon request, the executive director must employ the resources of the public staff to furnish to the commission, its members, or the Consumer Advocate, such information and reports or conduct such investigations and provide other assistance as may reasonably be required in order to supervise and control the public utilities of the State as may be necessary to carry out the laws providing for their regulation.
(B) Each year, the executive director and the public staff employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the Public Service Commission and Office of Public Staff Review Committee.
Section 58-4-60. (A) The public staff must be staffed and equipped to perform the functions described in Section 58-4-50. The expenses of the office must be paid as set forth in Section 58-3-70 and this section. The executive director, within established budgetary limits and as allowed by law, must authorize and approve travel, subsistence, and related necessary expenses of the executive director or public staff incurred while traveling on official business.
(B) All expenses of the Office of Public Staff must be borne by the public utilities, household goods carriers, hazardous waste for disposal carriers, and railway companies subject to the Public Service Commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the Department of Revenue in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State.
(C) The Office of Public Staff shall certify to the South Carolina Department of Revenue annually on or before May first the amounts to be assessed.
(D) The Office of Public Staff shall operate as an other-funded agency.
(E) The appropriation for the Office of Public Staff shall be advanced by the State until it shall have been collected from the corporations liable therefor and, when collected, shall be placed in the state treasury.
Section 58-4-70. (A) Except for municipally-owned and operated utilities, all public utilities doing business in this State must promptly, when required by the Office of Public Staff, furnish a full and detailed written report and written information concerning their business affairs or any matter pertaining thereto, as is specified in the requirement, and must also promptly answer fully all questions and interrogatories which may be propounded by the public staff.
(B) If, in the judgment of the Office of Public Staff, the information or reports referred to in subsection (A) are not furnished within a reasonable time or the questions or interrogatories referred to in subsection (A) are not answered fully within a reasonable time or, if furnished and answered, are not satisfactory to the public staff, the public staff must give by written notice to the person or corporation the particulars in which information, reports, or answers to the questions or interrogations are not satisfactory, and the person or corporation has a reasonable time in which to comply with the requirements of the notice in the particulars mentioned in the notice.
(C) If it is desired for any reason to verify or recheck the information furnished under this section, the public staff, in person or by its agents, must make an examination of the books, papers, accounts, and records of and the inspection of the properties of the persons referred to in subsection (A) as necessary to procure the information required. The public staff may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the public staff may designate and the expense of making the necessary examination or inspection for the procuring of the information must be paid by the party examined or inspected, to be collected by the public staff by suit or action, if necessary, except, that, if the examination and inspection and the reports thereof disclose that a full and accurate response had previously been made, the expense of making the examination and inspection must be paid out of the funds of the public staff.
Section 58-4-80. The executive director representing the public staff is considered to have an interest sufficient to maintain actions for judicial review from commission orders or decisions and may as of right, and in a manner prescribed by law intervene or otherwise participate in any civil proceeding which involves the review or enforcement of commission action that the executive director determines may substantially affect the interests of consumers. This right includes intervention in any action for judicial review from commission orders or decisions that are pending at any stage of the action. The executive director representing the public staff has the same rights of appeal from commission orders or decisions as other parties to commission proceedings.
Section 58-4-90. Except as required by Section 58-4-50, decisions respecting whether, when, or how to initiate, continue, participate, or intervene in proceedings under Section 58-4-50 are in the sole discretion of the executive director except as modified by order of a court of competent jurisdiction.
Section 58-4-100. To the extent necessary to carry out public staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary from time to time to assist the public staff in its participation in commission proceedings. The compensation paid to these persons may be commensurate with compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings or from the public staff's budget. If paid by the public utility or utilities, this compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the Public Service Commission and Office of Public Staff Review Committee, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
Section 58-4-110. The public staff of the commission must make and publish annual reports to the General Assembly on its activities in the interest of the using and consuming public.
Section 58-4-120. Rules governing the internal administration and operations of the Office of the Public Staff must be promulgated by the office and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution."
SECTION 7. (A) The Senate and House of Representatives shall meet in joint session in the hall of the House of Representatives for the purpose of electing members of the South Carolina Public Service Commission at 12:00 noon on the first Tuesday after the effective date of a bill enacted by the General Assembly during its 2002 Session amending Section 58-3-20 of the 1976 Code providing for staggered terms of members of the Public Service Commission and for other matters relating to the Public Service Commission; provided, that the General Assembly, by resolution, may provide for a different date for the conduct of these elections after the effective date of the Public Service Commission bill.
(B) Notwithstanding the provisions of Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date of the General Assembly for the 2002 Session only is extended to 5:00 P.M. on the date the General Assembly completes election of members of the Public Service Commission as provided in subsection (A).
SECTION 8. On or before January 1, 2003, the Code Commissioner must prepare and deliver to the Public Service Commission and Office of Public Staff Review Committee, all code references and other references and provisions in Title 58 of the 1976 Code which he considers in need of correction or modification as a result of the provisions of this act.
SECTION 9. Section 58-37-30 of the 1976 Code is repealed.
SECTION 10. Sections 58-3-67 and 58-3-93, as contained in SECTION 4, are repealed July 1, 2003.
SECTION 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act 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 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 1. This act takes effect upon approval by the Governor except that:
(1) Sections 9, 10, 13-24, 26-31, 33, and 34 of Part I take effect January 1, 2003, and govern only transactions which take place after December 31, 2002.
(2) Article 5 of Chapter 3 of Title 58 as contained in SECTION 5 of Part II takes effect August 1, 2002;
(3) Section 1-3-240(C) as contained in SECTION 1 of Part II; Section 58-3-55 as contained in SECTION 4 of Part II; Section 58-3-80 as contained in SECTION 4 of Part II; Section 58-3-115 as contained in SECTION 4 of Part II; Section 58-3-140 as contained in SECTION 4 of Part II; Section 58-3-145 as contained in SECTION 4 of Part II; and Chapter 4 of Title 58 as contained in SECTION 6 of Part II take effect July 1, 2003. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator PINCKNEY proposed the following Amendment No. 10 (PINCKNEY1-3144), which was tabled:
Amend the bill, as and if amended, page 18 by deleting lines 10 through 38 and inserting the following:
SECTION 27. Section 8-13-1316 of the 1976 Code is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
On motion of Senator LAND, Senator SETZLER was recorded as voting in favor of the third reading of the Bill.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
The following Bills and Resolutions were recommitted to the respective committees:
S. 1089 (Word version) -- Senator Glover: A BILL TO PROVIDE THAT MARION COUNTY ON JULY 1, 2002, SHALL CONSIST OF ONE CONSOLIDATED SCHOOL DISTRICT TO BE COMPOSED OF THE THREE PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE THREE PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 2002; TO PROVIDE THAT THE CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY THE MARION COUNTY BOARD OF EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH A SCHOOL BUDGET FOR THE CONSOLIDATED DISTRICT MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO PROVIDE FOR THE TRANSFER OF THE ASSETS AND LIABILITIES OF THE THREE PRESENT SCHOOL DISTRICTS TO THE CONSOLIDATED DISTRICT OF WHICH THEY ARE A PART; AND TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE CONSOLIDATED SCHOOL DISTRICT FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS SHALL BE DETERMINED.
On motion of Senator GLOVER, the Bill was recommitted to the Marion County Legislative Delegation.
S. 944 (Word version) -- Senator Glover: A BILL TO GRANT THE FLORENCE COUNTY SCHOOL DISTRICT ONE BOARD OF TRUSTEES THE AUTHORITY TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT A REFERENDUM, TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED IF THE INCREASE EXCEEDS FIVE MILLS IN ORDER TO COMPLY WITH REQUIREMENTS OF STATE LAW, AND TO PROVIDE THAT THE INCREASE, EXCLUDING ANY INCREASES REQUIRED BY LAW, MAY NOT EXCEED TWENTY MILLS OVER A FIVE-YEAR PERIOD.
On motion of Senator GLOVER, the Bill was recommitted to the Florence County Legislative Delegation.
H. 5288 (Word version) -- Reps. Rice, Cato, Easterday, Hamilton, Leach, Loftis and Tripp: A BILL TO PROHIBIT THE POLICE DEPARTMENT OF THE CITY OF GREENVILLE FROM ISSUING A PARKING CITATION OR OTHERWISE ENFORCE PARKING VIOLATIONS IN A PUBLIC OR PRIVATE PARKING LOT UNLESS CERTAIN SIGNS HAVE BEEN ERECTED.
On motion of Senator VERDIN, the Bill was recommitted to the Greenville County Legislative Delegation.
S. 889 (Word version) -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO ALLOW THE DISPLAY OF THE WORDS OF THE TEN COMMANDMENTS IN A PUBLIC SCHOOL CLASSROOM AT THE DISCRETION OF THE TEACHER IN CHARGE OF THE CLASSROOM AND TO PROHIBIT PUBLIC SCHOOL POLICIES OR CODES THAT PROHIBIT THE WORDS OF THE TEN COMMANDMENTS ON THE CLOTHING, BOOK COVERS, AND OTHER PERSONAL PROPERTY OF STUDENTS THAT OTHERWISE CONFORM TO SUCH POLICIES OR CODES.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.
H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, F.N. Smith, J.R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.
On motion of Senator PEELER, the Bill was recommitted to the Committee on Medical Affairs.
H. 3404 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE SWEARING IN APPLYING FOR REGISTRATION, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-20, AS AMENDED, RELATING TO FRAUDULENT REGISTRATION OR VOTING, SO AS TO CHANGE THE PENALTY FOR A VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE MAXIMUM SENTENCE FOR VIOLATIONS; TO AMEND SECTION 7-25-50, AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO ADD THE OFFENSE OF BRIBING A PERSON TO REGISTER TO VOTE; TO AMEND SECTION 7-25-60, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY BRIBERY, SO AS TO ADD REGISTERING TO VOTE TO THE SECTION; AND TO AMEND SECTION 7-25-70, AS AMENDED, RELATING TO PROCURING OR OFFERING TO PROCURE VOTES BY THREATS, SO AS TO PROHIBIT A PERSON FROM USING THREATS OR ANOTHER FORM OF INTIMIDATION TO ENDEAVOR ANOTHER TO REGISTER TO VOTE, AND TO CHANGE THE PENALTY FOR VIOLATION OF THE SECTION FROM A MISDEMEANOR TO A FELONY.
On motion of Senator JACKSON, the Bill was recommitted to the Committee on Judiciary.
H. 3925 (Word version) -- Rep. Kelley: A BILL TO PROVIDE THAT THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) SHALL BE ADMINISTERED ANNUALLY IN THE HORRY COUNTY SCHOOL SYSTEM ON THE DAY FOLLOWING COMPLETION OF THE DISTRICT'S ONE HUNDRED SIXTIETH DAY OF STUDENT INSTRUCTION WITH THE MAKE-UP TEST TO BE TWO WEEKS LATER.
On motion of Senator GIESE, the Bill was recommitted to the Committee on Education.
S. 823 (Word version) -- Senators Leventis, Richardson, Hayes, Waldrep, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-2-90 SO AS TO REQUIRE THAT AN INNKEEPER CONSPICUOUSLY POST TELEPHONE, E-MAIL, ON-LINE, AND FAX RATES CHARGED IN ITS LODGING ESTABLISHMENT.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
H. 3669 (Word version) -- Reps. Bales, Knotts, Allen, Allison, Altman, Askins, 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, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, 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, Witherspoon, A. Young, J. Young and Wilkins: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE THAT A STUDENT ELIGIBLE TO RECEIVE SUCH A SCHOLARSHIP WHO CHOOSES TO ATTEND AN OUT-OF-STATE INSTITUTION MAY AGAIN BECOME ELIGIBLE UNDER CERTAIN CONDITIONS, IF HE TRANSFERS TO A PUBLIC INSTITUTION OF HIGHER LEARNING IN THIS STATE.
On motion of Senator SHORT, the Bill was recommitted to the Committee on Education.
S. 714 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH INSURANCE PLANS SO AS TO INCLUDE THE CHARLESTON COUNTY AIRPORT DISTRICT.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Finance.
S. 337 (Word version) -- Senators Glover, Pinckney and Ford: A BILL TO AMEND SECTION 10-1-178, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT, SO AS TO PROVIDE THAT AT THE DEDICATION OF THIS MONUMENT AND PERMANENTLY THEREAFTER THE BLACK LIBERATION FLAG MUST BE FLOWN FROM A FLAGPOLE TO BE ERECTED ON THE EAST SIDE OF THE MONUMENT, TO PROVIDE FOR THE REPLACEMENT OF THIS FLAG, AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THIS SECTION.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.
S. 312 (Word version) -- Senators Verdin, Grooms, Fair, Thomas, Hawkins and Ryberg: A BILL TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT FOR PURPOSES OF A CIVIL CAUSE OF ACTION "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.
H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.
On motion of Senator J. VERNE SMITH, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
H. 3319 (Word version) -- Reps. Sandifer, Allison, Barrett, Cato, Chellis, Cooper, Davenport, Edge, Emory, Fleming, Gilham, Harrison, Harvin, Keegan, Kelley, Kirsh, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Martin, McCraw, Meacham-Richardson, Moody-Lawrence, J.M. Neal, Neilson, Perry, Phillips, Quinn, Rodgers, Simrill, J.E. Smith, J.R. Smith, Stille, Talley, Thompson, Trotter, Walker, A. Young, White and Robinson: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONALS AND OCCUPATIONS, BY ADDING CHAPTER 8 SO AS TO ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CONFORM THE PROVISIONS OF THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CEMETERY COMPANIES AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 55 OF TITLE 39 RELATING TO CEMETERIES.
On motion of Senator J. VERNE SMITH, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
S. 790 (Word version) -- Senators Short, Richardson, Hayes, Elliott and Ford: A BILL TO AMEND SECTION 59-150-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY RETAILERS AND SECTION 59-150-210, RELATING TO THE SALE OF LOTTERY TICKETS OR SHARES, BOTH SO AS TO PROHIBIT THE SALE OF A LOTTERY TICKET OR SHARE BY A RETAILER OR ON THE PREMISES OF A PERSON OR BUSINESS ENTITY THAT IS ENGAGED IN THE BUSINESS OF MAKING CONSUMER LOANS OF ANY KIND.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.
S. 631 (Word version) -- Senator Ritchie: A BILL TO AMEND SECTION 31-18-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED SIGNS NOTIFYING THE GENERAL PUBLIC OF SHOOTING RANGE NOISE AREAS, SO AS TO PROVIDE THAT A COUNTY MAY, UPON WRITTEN REQUEST OF AT LEAST ONE RESIDENT PROPERTY OWNER WHOSE RESIDENCE IS LOCATED WITHIN ONE MILE OF THE SHOOTING RANGE, DISPLAY THESE SIGNS AT A ONE-MILE RADIUS OF THE SHOOTING RANGE ON ALL PRIMARY HIGHWAYS, AND TO PROVIDE THAT SIGNS PREVIOUSLY REQUIRED TO BE POSTED MAY REMAIN AT THE OPTION OF THE COUNTY.
On motion of Senator RITCHIE, the Bill was recommitted to the Committee on Labor, Commerce and Industry.
S. 983 (Word version) -- Senators Fair, Patterson, Waldrep, Jackson, Thomas, Anderson, Bauer, Ford, Giese, Hawkins, Branton, Ryberg, Alexander, Glover, Matthews and Pinckney: A BILL TO PROVIDE THAT, AFTER A PHASE-OUT PERIOD EXTENDING OVER THREE FISCAL YEARS, THE STATE SHALL FOREGO ANY COMMISSION OR OTHER SOURCE OF REVENUE DERIVED FROM THE PLACEMENT OF TELEPHONES IN INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF JUVENILE JUSTICE FOR THE USE OF INMATES AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENSURE THAT THE TELEPHONE RATES CHARGED FOR THE USE OF THESE PHONES REASONABLY REFLECT THIS FOREGONE STATE REVENUE.
On motion of Senator LEATHERMAN, the Bill was recommitted to the Committee on Corrections and Penology.
H. 4405 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT DURING THE SEASON FOR ANY HIGH SCHOOL LEAGUE SPORT, A STUDENT, WHILE A MEMBER OF A SCHOOL SQUAD OR TEAM ENGAGED IN AN INTERSCHOLASTIC SPORT MAY BECOME A MEMBER OF OR PARTICIPATE IN AN ORGANIZED TEAM THAT IS INDEPENDENT OF THE SCHOOL'S CONTROL UNDER CERTAIN CONDITIONS.
On motion of Senator LAND, the Bill was recommitted to the Committee on Education.
S. 83 (Word version) -- Senators Elliott, Hutto, Ford, Rankin and Branton: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
On motion of Senator LAND, the Joint Resolution was recommitted to the Committee on Judiciary.
S. 184 (Word version) -- Senators Hayes, Elliott, Thomas, Ritchie, Martin, Jackson, Richardson, Verdin, Mescher, Grooms, Branton and McGill: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION BUT TO PROVIDE THAT IN NO CASE MAY THE AMOUNT PROVIDED BE LESS THAN THE AMOUNT DISTRIBUTED IN FISCAL YEAR 2000-2001; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" AND "ALCOHOLIC BEVERAGES BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600 AND SECTION 61-6-1610, RELATING TO NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, BOTH SO AS TO DELETE THE AUTHORIZATION TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, TO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, BOTH RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO DELETE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK AND TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-2400 AND SECTION 61-6-2420, BOTH RELATING TO TAXATION OF ALCOHOLIC LIQUORS AND RESTAURANTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6 OF TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE SALES TAX ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION; TO AMEND SECTION 61-12-10, AS AMENDED, RELATING TO THE DISBURSEMENT OF REVENUE FOR EDUCATION PROGRAMS ABOUT ALCOHOLIC LIQUORS AND REHABILITATION OF ALCOHOLICS AND DRUG ADDICTS, SO AS TO CONFORM A STATUTORY REFERENCE; TO REPEAL SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS EXCISE TAX ON MINIBOTTLES; AND TO PROVIDE THAT ALL STATUTES AND REGULATIONS CONCERNING MINIBOTTLE LICENSES OR PERMITS APPLY TO THE LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS BY THE DRINK AND TO PROVIDE THAT MINIBOTTLE LICENSES OR PERMITS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE DEEMED TO BE PERMITS FOR ALCOHOLIC LIQUOR BY THE DRINK AFTER THE EFFECTIVE DATE OF THIS ACT.
On motion of Senator LAND, the Bill was recommitted to the Committee on Judiciary.
S. 1191 (Word version) -- Senators Elliott, McConnell and Rankin: A BILL TO AMEND TITLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, BY ADDING CHAPTER 11, SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA HEREBY DELEGATES ITS AUTHORITY GRANTED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING CRUISES PURSUANT TO THE JOHNSON ACT OF 1992, (15 U.S.C. 1175, ET SEQ.) TO COUNTY AND MUNICIPAL GOVERNMENTS; TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED PURSUANT TO THE JOHNSON ACT; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY ONLY ASSESS CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.
S. 525 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL, SO AS TO PROVIDE THAT THE CONVEYANCE OR DELIVERY OF THE THREAT MAY BE MADE TO ANY PERSON RATHER THAN JUST TO THE PUBLIC OFFICIAL, PUBLIC EMPLOYEE, TEACHER, OR PRINCIPAL IN ORDER FOR THERE TO BE A VIOLATION OF THE SECTION.
On motion of Senator HAWKINS, the Bill was recommitted to the Committee on Judiciary.
H. 4786 (Word version) -- Reps. Meacham-Richardson and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".
On motion of Senator WALDREP, the Bill was recommitted to the Committee on Judiciary.
H. 3243 (Word version) -- Rep. W.D. Smith: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPTED FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE LIMITS ON THE EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS, ANNUITIES, AND TRUSTS.
On motion of Senator RYBERG, the Bill was recommitted to the Committee on Judiciary.
H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
On motion of Senator VERDIN, the Bill was recommitted to the Committee on Agriculture and Natural Resources.
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.
On motion of Senator LAND, the Bill was recommitted to the Committee on Education.
S. 101 (Word version) -- Senators Wilson, Grooms, Hayes, Richardson, Verdin, Elliott and Branton: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS AND TO ENACT LEGISLATION ACCORDINGLY.
On motion of Senator BRANTON, the Concurrent Resolution was recommitted to the Committee on Judiciary.
The following Bills were committed to the respective committees:
S. 1149 (Word version) -- Senators J. Verne Smith, Peeler, Courson, Ryberg and Leatherman: A BILL TO AMEND SECTION 10-1-10 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE FOR THE SAFETY AND SECURITY OF THE STATE HOUSE GROUNDS, TO CLARIFY THE BOARD'S AUTHORITY; TO AMEND SECTION 10-1-30 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES' AUTHORITY TO AUTHORIZE THE USE OF THE STATE HOUSE, TO MAKE CERTAIN TECHNICAL CHANGES; TO AMEND SECTION 10-1-40 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE, TO CLARIFY THE COMMITTEE'S AUTHORITY; TO AMEND SECTION 10-11-310 OF THE 1976 CODE, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, TO DELETE A REFERENCE TO SENATE STREET; TO AMEND SECTION 60-12-90 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE STATE HOUSE COMMITTEE TO APPROVE ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE, TO DELETE A REFERENCE TO CAPITOL COMPLEX; TO AMEND SECTION 2-3-90 OF THE 1976 CODE, RELATING TO OFFICERS ELECTED BY THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY, TO DELETE A REFERENCE TO ASSISTANT SERGEANT AT ARMS; AND TO AMEND SECTION 2-3-100, RELATING TO THE AUTHORITY OF THE SERGEANT AT ARMS OF THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY OVER CERTAIN PROPERTY ON THE STATE HOUSE GROUNDS, TO INCLUDE ANY OFFICE BUILDING OCCUPIED BY THE RESPECTIVE BODIES.
On motion of Senator J. VERNE SMITH, the Bill was committed to the Committee on Finance.
S. 1265 (Word version) -- Senators McGill and Grooms: A BILL TO PROVIDE THAT THE MAXIMUM SPEED LIMIT FOR HIGHWAY 52 BETWEEN KINGSTREE AND ST. STEPHEN IS SIXTY MILES PER HOUR.
On motion of Senator RYBERG, the Bill was committed to the Committee on Transportation.
S. 1242 (Word version) -- Senator Grooms: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT TO APPORTION OR REAPPORTION, AS NECESSARY, THE ELECTION DISTRICTS OF THE SCHOOL DISTRICT FOR THE PURPOSE OF ELECTING THE BOARD OF TRUSTEES, BEGINNING WITH THE FEDERAL CENSUS OF 2010.
On motion of Senator GROOMS, the Bill was committed to the Colleton County Legislative Delegation.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 4683 (Word version) -- Reps. Campsen and Barfield: A BILL TO ENACT THE "SOUTH CAROLINA STUDENT-LED MESSAGE ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-441 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL GRADUATION EXERCISE AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED; AND BY ADDING SECTION 59-1-442 SO AS TO AUTHORIZE THE GOVERNING BODY OF A SCHOOL BOARD OR SCHOOL DISTRICT TO ADOPT A POLICY THAT PERMITS THE USE OF A BRIEF OPENING OR CLOSING MESSAGE BY A STUDENT AT A HIGH SCHOOL ATHLETIC OR OTHER EVENT AND TO PROVIDE THE CONDITIONS UNDER WHICH THIS MESSAGE MAY BE DELIVERED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4683.003), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 36, in Section 59-1-441, as contained in SECTION 2, by striking Section 59-1-441 in its entirety and inserting therein the following:
/ "Section 59-1-441. (A) The governing body of a school board or school district may adopt a policy that permits graduating high school students as selected by school policy using objective criteria such as academic standing or the ex-officio function of a student office or position, to deliver a brief opening or closing message, or both, of two minutes or less, at the high school's graduation exercises.
(B) If a student delivers a brief opening or closing message, or both, of two minutes or less, 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.
(C) The provisions of this section do not apply to policies of the school district or high school that relate specifically to more lengthy, extensive, or featured speeches at the high school's graduation delivered by a class valedictorian or other student selected on bases such as academic standing or position in student government." /
Amend the bill further, as and if amended, page 3, beginning on line 6, in Section 59-1-442, as contained in SECTION 3, by striking Section 59-1-442 in its entirety and inserting therein the following:
/ "Section 59-1-442. (A) The governing body of a school board or school district may adopt a policy that permits either (1) the captains of athletic teams at a high school or their student designees; or (2) a student designated by the members of that team to deliver a brief opening or closing message, or both, of two minutes or less, at school-sponsored athletic events.
(B) If team captains, their student designees, or the student designees of athletic teams deliver a brief opening or closing message, or both, of two minutes or less, 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." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN spoke on the committee amendment.
The committee amendment was adopted.
Senator HUTTO proposed the following Amendment No. 2 (JUD4683.004), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 41, in Section 59-1-441, as contained in SECTION 2, by striking subsection (B) in its entirety and inserting therein the following:
/ (B) If a student delivers a brief opening or closing message, or both, of two minutes or less, 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. No student may be disciplined or reprimanded by the school for the content of any non-obscene, non-profane, or non-vulgar message delivered pursuant to this section." /
Amend the bill further, as and if amended, page 3, beginning on line 11, in Section 59-1-442, as contained in SECTION 3, by striking subsection (B) in its entirety and inserting therein the following:
/ (B) If team captains, their student designees, or the student designees of athletic teams deliver a brief opening or closing message, or both, of two minutes or less, 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. No student may be disciplined or reprimanded by the school for the content of any non-obscene, non-profane, or non-vulgar message delivered pursuant to this section." /
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 second time, passed and ordered to a third reading.
Senator MARTIN moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourned today, it would stand adjourned to meet tomorrow at 10:00 A.M.
Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:
Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 2002, and to expire November 7, 2008
Robert E. Watson, P. O. Box 118, Moncks Corner, S.C. 29461
Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:
Reappointment, Charleston County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
At-Large
Alice E. Mitchell, 2011 Savage Road, Charleston, S.C. 29407
Having received a favorable report from the Florence County Delegation, the following appointment was confirmed in open session:
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. John L. Miles, 152 East Friendfield Road, Coward, S.C. 29583
Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Savannah River Site Redevelopment Authority, with term to commence October 21, 2000, and to expire October 21, 2004
Allendale County
Heather Lea Simmons, P. O. Box 190, Allendale, S.C. 29810 VICE Henry C. Scott
On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Rheba B. Lynam of Sumter, S.C., beloved wife of 58 years of Elliott H. "Billy" Lynam, Jr., loving mother of two sons and two daughters-in-law and devoted grandmother to five grandchildren.
At 5:57 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
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