Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the thoughts from Psalm 27:
"The Lord is my light and my salvation; whom shall I fear?
The Lord is the stronghold of my life; of whom shall I be afraid?"
Let us pray.
Father, we love the way the psalmist goes on to say: "Lead me on a level path."
For another day of life, we thank You!
For another day to do what's right!
Help us!
For another day to correct any errors we may have made in the past, enlighten us!
When evening comes, give us a clear conscience, O Lord!
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:
Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006
Non-governmental Conservation
James D. Elliott, Jr., P. O. Box 1247, Charleston, S.C. 29492 VICE Frank T. Caruccio, Ph.D.
Referred to the Committee on Agriculture and Natural Resources.
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2002, and to expire June 30, 2006
Credit Unions
William Baker Varn, P. O. Box 1355, Hartsville, S.C. 29551
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina Crime Victims' Advisory Board, with term to commence August 1, 1998, and to expire August 1, 2003
Law Enforcement Officer
Hon. Herman W. Young, Fairfield Co. Sheriff's Office, 350 Columbia Rd., Winnsboro, S.C. 29180 VICE Reuben M. Greenberg
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Board of Social Work Examiners, with term to commence November 27, 2002, and to expire November 27, 2006
Independent Social Worker
Marjorie B. Hammock, 233 Northlake Road, Columbia, S.C. 29223 VICE Jane A. Anker
Referred to the Committee on Judiciary.
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2002, and to expire June 30, 2006
At-Large
James S. Cleckler, The Palmetto Co., P. O. Box 280, Lexington, S.C. 29071 VICE C. Michael Smith
Referred to the Committee on Judiciary.
Initial Appointment, Advisory Panel for Massage/Bodywork Therapy, with term to commence June 30, 2001, and to expire June 30, 2003
Therapist
Isabelle Harper Boyd, Low Tech Designs, Inc., 1204 Saville Street, Georgetown, S.C. 29440 VICE Susan M. Jones
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina Real Estate Commission, with term to commence June 30, 2002, and to expire June 30, 2006
Public
Daniel J. Ballou, 242 College Ave., Rock Hill, S.C. 29730
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, South Carolina Board of Occupational Therapy, with term to commence September 30, 2002, and to expire September 30, 2005
Therapist
Janine P. Turner, 613 Salty Alley, Mt. Pleasant, S.C. 29464
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with term to commence May 15, 2000, and to expire May 15, 2007
4th Congressional District
Roxzanne B. Breland, 11 Weatherby Court, Greenville, S.C. 29615 VICE E. Roy Stone
Referred to the Committee on Medical Affairs.
Initial Appointment, Scenic Highways Committee, with term to commence July 14, 2002, and to expire July 14, 2004
Agricultural
Ms. Holly P. Carlisle, 5219 Lakeshore Dr., Columbia, S.C. 29206 VICE Betty J. Dewitt
Referred to the Committee on Transportation.
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Eugene Cooper, 205 East Williams Road, Coward, S.C. 29530
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Kimberly B. Cox, P. O. Box 367, Pamplico, S.C. 29583
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Sandra M. Grimsley, 402 Charles St., Lake City, S.C. 29560
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. James R. Harwell, 5001 Rankin Plantation Rd., Florence, S.C. 29506
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Roger Neron Langley, P. O. Box 904, Johnsonville, S.C. 29555
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. James M. Lynch, 307 East Smith Street, Timmonsville, S.C. 29161
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Shirley W. Vause, 3858 Creek Road, Timmonsville, S.C. 29161
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Leila Foster, 12 Howe Street, Greenville, S.C. 29601-3520
On motion of Senator LAND, at 11:05 P.M., Senator DRUMMOND was granted a leave of absence until 3:00 P.M.
H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE
Senator THOMAS asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
Whereupon, Senators PEELER, McGILL and ALEXANDER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The following were introduced:
S. 1280 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO RESIDENTIAL GROUP CARE ORGANIZATIONS FOR CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 2712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1281 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO COMMEND GERRI MERCK OF CHAPIN FOR TWENTY-SIX YEARS OF OUTSTANDING SERVICE TO THE STUDENTS, ADMINISTRATION, STAFF, AND FACULTY OF CHAPIN HIGH SCHOOL AS A MEDIA ASSISTANT, AND TO EXTEND EVERY GOOD WISH TO HER AND HER FAMILY ON THE OCCASION OF HER RETIREMENT.
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The Senate Resolution was adopted.
S. 1282 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO COMMEND LINDA BALDWIN OF CHAPIN FOR HER THIRTY-ONE YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HER FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HER DISTINGUISHED CAREER AS A TEACHER, AND EXTEND TO HER AND HER FAMILY EVERY GOOD WISH ON THE OCCASION OF HER RETIREMENT FROM CHAPIN HIGH SCHOOL.
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The Senate Resolution was adopted.
S. 1283 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO COMMEND JUDITH "JUDI" ASKINS OF CHAPIN FOR HER THIRTY-EIGHT YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HER FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HER DISTINGUISHED CAREER AS A TEACHER, AND EXTEND TO HER AND HER FAMILY EVERY GOOD WISH ON THE OCCASION OF HER RETIREMENT FROM CHAPIN HIGH SCHOOL.
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The Senate Resolution was adopted.
S. 1284 (Word version) -- Senators Short, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO HONOR AND CONGRATULATE THE RECIPIENTS OF THE 2002 PALMETTO FELLOWS SCHOLARSHIP FOR THEIR OUTSTANDING ACADEMIC ACHIEVEMENTS IN HIGH SCHOOL AND THE PROMISE THEY SHOW FOR STUDIES IN HIGHER EDUCATION.
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The Senate Resolution was adopted.
H. 3776 (Word version) -- Reps. Rodgers, Simrill, Bingham, Cato, Easterday, Frye, Gilham, Haskins, J. Hines, Hosey, Koon, Leach, Loftis, Robinson and
Read the first time and referred to the Committee on Judiciary.
H. 5102 (Word version) -- Reps. Klauber and Campsen: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED.
Read the first time and referred to the Committee on Finance.
H. 5260 (Word version) -- Rep. Gourdine: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MINISTER SUSIE R. PENTECOST OF BERKELEY COUNTY FOR HER MANY OUTSTANDING DEEDS AND HER WONDERFUL SERVICE TO THE PEOPLE OF HER COMMUNITY AND THE STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5263 (Word version) -- Reps. Freeman, Jennings and Neilson: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF MRS. ELIZABETH DIXON McLAURIN OF CHERAW AND TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS UPON HER PASSING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5264 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND OTTO MORRELL OF BAMBERG FOR HIS CONTRIBUTIONS AND VOLUNTEER EFFORTS THROUGHOUT BAMBERG COUNTY AND CONGRATULATE
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5265 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION RECOGNIZING THE SOUTH CAROLINA WATERMELON FESTIVAL ON ITS SIXTIETH ANNUAL EVENT, AND SALUTING THE WATERMELON FESTIVAL AS THE LONGEST CONTINUING SUCH EVENT IN THE STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5266 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND M. GAULT "BUNNY" BEESON, JR., FOR HIS OUTSTANDING CONTRIBUTIONS TO PRESERVING WILDLIFE HABITAT AND NATURAL RESOURCES THROUGH WILDLIFE ACTION, INC., AS IT CELEBRATES ITS TWENTY-FIFTH ANNIVERSARY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations polled out S. 1270 favorable:
S. 1270 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 5, 2002, AND FRIDAY, DECEMBER 6, 2002, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
AYES
Courson Matthews Patterson O'Dell McGill Alexander
Bauer Peeler Kuhn Reese Knotts
Ordered for consideration tomorrow.
Senator RICHARDSON from the Committee on Judiciary submitted a favorable report on:
H. 3095 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PRESCRIBE A FOUR-YEAR TERM OF OFFICE RATHER THAN HAVING THE COUNCIL OF THE MUNICIPALITY SET THE TERM.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
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)
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
H. 3640 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
Ordered for consideration tomorrow.
Senator RICHARDSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
H. 3959 (Word version) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE.
Ordered for consideration tomorrow.
Senator THOMAS from the Committee on Banking and Insurance polled out H. 4096 favorable with amendment:
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 AND TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES. (ABBREVIATED TITLE)
Ordered for consideration tomorrow.
AYES
Thomas Saleeby Leatherman McConnell Setzler Matthews Patterson Reese Hayes Jackson Martin Rankin Alexander Richardson Ford Ritchie
Courson
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
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
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:
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, Meahcam-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 ADD TO AND AMEND THE CODE OF LAWS OF SOUTH CAROLINA. (ABBREVIATED TITLE)
Ordered for consideration tomorrow.
Senator McCONNELL spoke on the Bill.
Senator McCONNELL asked unanimous consent to make a motion that the Bill be placed in the status of Adjourned Debate, not to be taken up for consideration before Tuesday, May 21, 2002.
There was no objection and the Bill was placed in the status of Adjourned Debate, not to be taken up for consideration before Tuesday, May 21, 2002.
Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report 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.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4956 (Word version) -- Reps. Cato, Wilkins, W.D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill,
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
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
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 4990 (Word version) -- Rep. Cooper: A BILL TO AMEND AND ADD SEVERAL SECTIONS TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO. (ABBREVIATED TITLE)
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
H. 5011 (Word version) -- Reps. Kirsh and Meacham-Richardson: A BILL TO AMEND SECTION 12-36-2610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT MAXIMUM DISCOUNT ALLOWED OF THREE THOUSAND DOLLARS IN A STATE FISCAL YEAR IS THREE THOUSAND ONE HUNDRED DOLLARS FOR ELECTRONICALLY FILED RETURNS; AND TO AMEND SECTION 12-54-250, RELATING TO TAX COLLECTION AND ENFORCEMENT BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO DECREASE FROM TWENTY THOUSAND DOLLARS TO FIFTEEN THOUSAND DOLLARS THE THRESHOLD AMOUNT FOR WHICH PAYMENTS DUE TO THE DEPARTMENT MUST BE PAID BY A METHOD IN WHICH THE FUNDS ARE AVAILABLE IMMEDIATELY TO THE STATE.
Ordered for consideration tomorrow.
Senator FORD from the Committee on Judiciary submitted a favorable report on:
H. 5063 (Word version) -- Reps. McLeod, McGee, McCraw, Owens, J.E. Smith, Merrill, Thompson, Bales, Breeland, G. Brown, J. Brown, Carnell, Clyburn, Coleman, Emory, Freeman, Hamilton, Harvin, J. Hines,
Ordered for consideration tomorrow.
Senator MESCHER from the Committee on Judiciary submitted a favorable report on:
H. 5108 (Word version) -- Reps. Law, Cato, Sandifer and Trotter: A BILL TO REPEAL SECTION 58-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL REPORTS REQUIRED OF DEMAND-SIDE ACTIVITIES OF CERTAIN GAS AND ELECTRIC UTILITIES.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry polled out H. 5151 favorable:
H. 5151 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
AYES
Gregory Branton Drummond Elliott Grooms Holland Hutto Land McGill Mescher Moore Richardson Ravenel Kuhn Waldrep Knotts
Saleeby
Ordered for consideration tomorrow.
Columbia, S.C., May 14, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 14, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3174 (Word version) -- Reps. Wilkins, Simrill, Whatley, Davenport, Coates, Vaughn, Robinson, Altman, Owens, Gilham and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-35 SO AS TO ESTABLISH "SOUTH CAROLINA HOME SCHOOL AWARENESS WEEK"
Received as information.
Columbia, S.C., May 14, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3328 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INVESTIGATION OF A TRAFFIC COLLISION INVOLVING A LAW ENFORCEMENT OR DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY WHICH HAS PRIMARY RESPONSIBILITY FOR AN INVESTIGATION, BUT LACKS EXPERTISE TO CONDUCT A PROPER INVESTIGATION INVOLVING AN EMPLOYEE OF ANOTHER DEPARTMENT OR AGENCY, MAY REQUEST ASSISTANCE FROM ANOTHER AGENCY THAT HAS THE APPROPRIATE EXPERTISE UNDER CERTAIN CIRCUMSTANCES
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 14, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4303 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER IN THIS STATE MAY NOT BE REGISTERED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.
The House returned the Bill with amendments.
On motion of Senator MESCHER, 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. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS
The House returned the Joint Resolution with amendments.
On motion of Senator LEATHERMAN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 1277 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANK WEEKS OF LONE STAR UPON HIS DEATH FROM INJURIES SUSTAINED IN A RECENT AUTOMOBILE ACCIDENT.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions 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. 5172 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.
By prior motion of Senator SHORT
H. 4548 (Word version) -- Reps. W.D. Smith, Scarborough, McLeod, Knotts and Owens: A BILL TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE.
H. 5209 (Word version) -- Reps. J.R. Smith, Clyburn, Perry, Sharpe and D.C. Smith: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS, DELETE PREVIOUS APPORTIONMENT AND REAPPORTIONMENT PLANS, AND EXTEND THE DATE FOR FILING NOMINATING PETITIONS FOR ELECTIONS CONDUCTED FOR SCHOOL BOARD MEMBERS IN 2002.
By prior motion of Senator RYBERG
H. 4891 (Word version) -- Reps. Sharpe, Davenport, Ott and Dantzler: A BILL TO AMEND SECTION 47-5-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FURNISHING ANTIRABIC (HUMAN) VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST ENSURE THE AVAILABILITY OF ANTIRABIC (HUMAN) VACCINE AND GLOBULIN PRODUCTS FOR PERSONS BITTEN BY OR EXPOSED TO A PET OR ANIMAL FOUND OR SUSPECTED TO BE AFFECTED BY RABIES, TO PROVIDE THAT THE PROVISION OF THESE PRODUCTS MUST BE IN ACCORDANCE WITH DEPARTMENT GUIDELINES, AND TO AUTHORIZE THE DEPARTMENT TO SEEK REIMBURSEMENT FOR THESE PRODUCTS.
H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY BLIND, AND THE ACCOMPANYING FOUR PERCENT ASSESSMENT RATIO APPLICABLE TO SUCH A HOMESTEAD FOR PROPERTY TAX PURPOSES, SO AS TO PROVIDE THAT THE PERSONAL REPRESENTATIVE OF THE ESTATE OF A DECEASED TAXPAYER IS DEEMED THE AGENT OF THE DECEASED
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.
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J.H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J.R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT, WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS, ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS,
H. 5007 (Word version) -- Reps. Klauber and Carnell: A BILL TO AMEND CHAPTER 16, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEMS, BY ADDING ARTICLE 5 SO AS TO ALLOW THE SOUTH CAROLINA RETIREMENT SYSTEMS TO PROVIDE INVESTMENT EDUCATION TO ANY PARTICIPANT IN THE VARIOUS STATE RETIREMENT SYSTEMS AND TO REPEAL SECTION 8-23-115, RELATING TO THE PROVIDING OF CONSULTATIVE SERVICES FOR PARTICIPANTS IN THE DEFERRED COMPENSATION PLANS OFFERED BY THE DEFERRED COMPENSATION COMMISSION.
H. 4258 (Word version) -- Reps. Sharpe, Wilkins, W.D. Smith and Davenport: 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
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL proposed the following amendment (GJK\21367SD02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/ SECTION _____. Notwithstanding any regulations of the Department of Health and Environmental Control or any provisions of law to the contrary, over-fill prevention devices are not required for the refilling of existing noncommercial propane gas tanks. /
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 read the third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 980 (Word version) -- Senators Bauer and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 5037 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
Senator RICHARDSON spoke on the Bill.
H. 4650 (Word version) -- Reps. Talley, Bingham, Littlejohn, Quinn and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.
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
Senator FORD 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 second reading of the Bill.
The Committee on Finance proposed the following amendment (4676R001.FC), which was adopted:
Amend the bill, as and if amended, by adding a penultimate SECTION appropriately numbered to read:
/ SECTION __. Section 11-35-1524(D) of the 1976 Code, as added by Act 153 of 1997, is further amended to read:
"(D) Exceptions. This section shall not apply:
(1) to any procurements conducted under Article 9 of the 1976 Code;
(2) to any prime contractor or subcontractor providing materials or services relating to permanent improvements to real estate;
(3) to any solicitation, bid, offer, or procurement when the price of a single unit of the end-product is more than thirty thousand dollars, whether or not more than one unit is bid or offered;
(4) to any solicitation, bid, offer, or procurement where the contract award is less than ten thousand dollars; or
(5) to any solicitation conducted under Section 11-35-1530 of the 1976 Code; or
(6) to any solicitation, bid, offer, or procurement of motor vehicles as defined in Section 56-15-10." /
Amend the bill further, as and if amended, by deleting SECTION 1 in its entirety.
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 and ordered placed on the third reading Calendar with notice of general amendments.
H. 4514 (Word version) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: A BILL TO AMEND SECTION 23-6-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT IN ADDITION TO EXCEPTIONS TO THE ONE-YEAR RULE PROVIDED IN THIS SECTION, THE PERIOD OF TIME WITHIN WHICH A CANDIDATE MUST OBTAIN THE CERTIFICATION REQUIRED TO BECOME A LAW ENFORCEMENT OFFICER IS AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD EQUAL TO THE TIME THE CANDIDATE PERFORMED ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING AS A MEMBER OF THE NATIONAL GUARD, THE STATE GUARD, OR A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLUS NINETY DAYS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment as printed in the Journal of May 9, 2002.
On motion of Senator HUTTO, with unanimous consent, the previously proposed amendment was withdrawn.
Senators HUTTO and KNOTTS proposed the following amendment (JUD4514.002), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 19, by striking SECTION 2 in its entirety and inserting therein the following:
/ SECTION 2. Section 23-6-445 of the 1976 Code is amended to read:
"Section 23-6-445. (A) A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof shall must be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 if that person completes the legal course for class Class I certified officers taught by the Criminal Justice Academy Division of the Department of Public Safety. This provision shall also apply applies to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof.
(B) A retired South Carolina law enforcement officer must be issued a certificate pursuant to Section 23-6-440, authorizing him to serve as a certified law enforcement officer, if the officer meets the following qualifications at the time of application:
(1) the officer must have been retired pursuant to Section 9-11-60 or 9-11-70 for not more than ten years, except that the department may certify an officer who has been retired for more than ten years if the officer provides evidence satisfactory to the director that he has received law enforcement training and experience sufficient to qualify him to serve as a certified law enforcement officer;
(2) within the previous three years, the officer must have completed a legal course and all other training programs for certified officers mandated by law and taught by the Criminal Justice Academy Division of the Department of Public Safety; and
(3) the officer must have maintained a constable commission during his retirement, without interruption.
(C) A retired federal law enforcement officer must be issued a certificate pursuant to Section 23-6-440, authorizing him to serve as a
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 and ordered placed on the third reading Calendar with notice of general amendments.
H. 3749 (Word version) -- Reps. J.E. Smith and Weeks: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE DIRECTOR IN CONNECTION WITH FUNCTIONS RELATING TO VIETNAM VETERANS, AND TO PERFORM OTHER DUTIES AS ASSIGNED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment.
The previously proposed amendment (SWB\5491DJC01) was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 1, by inserting a period / . / after / Congress / and striking / and his
Renumber sections to conform.
Amend title to conform.
Senator MESCHER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4054 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO REVISE THE TIME WHEN SUCH AN APPLICANT MUST UNDERGO THIS REVIEW, THE MANNER OF THIS REVIEW, AND THE INDIVIDUALS TO WHOM THIS PROVISION APPLIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (GJK\21358SD02), which was adopted:
Amend the bill, as and if amended, by adding a new paragraph at the end of Section 59-25-115 of the 1976 Code, as contained in SECTION 1, to read:
/ All institutions of higher learning in this State offering education as a major must inform potential education majors considering teaching as a career that their prior criminal history could prevent certification as a teacher in South Carolina. Students may then choose to have a SLED background check for advisement purposes. /
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 and ordered placed on the third reading Calendar with notice of general amendments.
H. 3840 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH ENFORCING NATIONAL BUILDING CODES TO ADOPT THE LATEST EDITION OF THE CODE AND TO PROVIDE EXCEPTIONS; TO ESTABLISH PROCEDURES FOR THE ADOPTION OF THESE CODES, INCLUDING NOTICE IN THE STATE REGISTER AND THE OPPORTUNITY FOR PUBLIC COMMENT; AND TO REQUIRE PROPOSED CODES RECEIVING NEGATIVE COMMENTS OR SUBJECT TO PROPOSED AGENCY AMENDMENTS TO BE PROMULGATED AS REGULATIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (H-3840 AMENDMENT), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 17-18.
Renumber sections to conform.
Amend title to conform.
Senator MOORE 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, having been read the second time, were ordered placed on the third reading Calendar:
H. 5237 (Word version) -- Reps. Freeman, Lucas, Jennings and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE LOCAL EDUCATION ADVISORY COUNCILS IN THE CHESTERFIELD COUNTY SCHOOL DISTRICT SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE MEMBERSHIP OF CERTAIN OF THE ADVISORY COUNCILS ARE DETERMINED.
On motion of Senator HOLLAND, H. 5237 was ordered to receive a third reading on Thursday, May 16, 2002.
H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
On motion of Senator VERDIN, with unanimous consent, the Bill was carried over.
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".
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 (JUD3823.002), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 3, in Section 20-3-130(B), as contained in SECTION 1, by striking lines 3 through 6 in their entirety and inserting therein the following:
/ For purposes of this subsection and unless otherwise agreed to in writing by the parties, 'continued cohabitation' means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement." /
Amend the bill further, as and if amended, page 3, beginning on line 20, in Section 20-3-150, as contained in SECTION 2, by striking lines 20 through 23 and inserting therein the following:
/ For purposes of this subsection and unless otherwise agreed to in writing by the parties, 'continued cohabitation' means the supported spouse resides with another person in a romantic relationship for a period of ninety or more consecutive days. The court may determine that a continued cohabitation exists if there is evidence that the supported spouse resides with another person in a romantic relationship for periods of less than ninety days and the two periodically separate in order to circumvent the ninety-day requirement." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over, as amended.
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
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (4583SBIELEVEN), which was adopted:
Amend the bill, as and if amended, page 1, line 30, by striking: / ten / and inserting : / eleven /.
Amend the bill further, as and if amended, page 2, line 1, by striking: / four /
and inserting: / five /.
Amend the bill further, as and if amended, page 2, line 3, by striking: / four /
and inserting: / five /.
Amend the bill further, as and if amended, page 2, line 10, by inserting after the word / employees /
the following to read:
/ ; and,
(c) one must be a representative of the hospital industry /.
Amend the bill further, as and if amended, page 2, line 15, by striking: / eight /
and inserting: / eleven /.
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the committee amendment.
The committee amendment was adopted.
Senators JACKSON and SHORT proposed the following amendment (4583JACKSON):
Amend the bill, as and if amended, SECTION 1, Section 38-71-285 (D), page 2, lines 34-37, by striking:
/ Until the task force is so dissolved, no mandated health benefit may be imposed on a health insurance issuer doing business in this State beyond those required as of January 1, 2002. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT objected to further consideration of the Bill, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 2 (JUD3601.006) proposed by Senator ELLIOTT and previously printed in the Journal of Tuesday, May 14, 2002. Amendment No. 2 was later withdrawn.
Senator ELLIOTT explained the amendment.
Senator RICHARDSON spoke on the amendment.
Senator KUHN spoke on the amendment.
At 12:37 P.M., Senator MARTIN assumed the Chair.
At 12:39 P.M., with Senator ELLIOTT retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed fifteen minutes.
At 1:02 P.M., the Senate resumed.
Senator ELLIOTT spoke on the amendment.
On motion of Senator RICHARDSON, with unanimous consent, Amendment No. 2 was withdrawn from consideration.
Senators ELLIOTT, RICHARDSON and KUHN proposed the following Amendment No. 4 (JUD3601.012), 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 12-43-220(c) of the 1976 Code is amended by adding at the end:
"(6) Notwithstanding any other provision of law, a purchaser who purchases a residential property as the purchaser's primary residence, but subject to vacation rentals as provided for in Title 27, Chapter 50, Article 2 for no longer than ninety days, must be assessed at four percent for ad valorem property tax purposes."
SECTION 2. Title 27 of the 1976 Code is amended by adding:
The Residential Property Condition Disclosure Act
Article 1
Residential Property Condition Disclosure Statements
Section 27-50-10. As used in this article:
(1) 'Commission' means the South Carolina Real Estate Commission.
(2) 'Disclosure statement' means a residential property condition disclosure statement written on a form as required by this article and as promulgated by regulations of the commission.
(3) 'Listing agent' means a real estate licensee who represents an owner of real property in the sale, lease, or other transfer of the subject real property through the use of a written listing agreement as required by law.
(4) 'Owner' means each person having a recorded present or future interest in real estate who is identified in a real estate contract subject to this article, but does not include the owner or holder of a mortgage, deed of trust, mechanic's or materialman's lien, or other lien or security interest in the real property. This disclosure is limited to the actual residential dwelling and does not address common elements or areas for which the owner has no direct and primary responsibility.
(5) 'Purchaser' means each person or entity named as a purchaser, buyer, or tenant in a real estate contract subject to this article.
(6) 'Real estate contract' means a contract for the transfer of ownership of real property.
(7) 'Real estate licensee' means an individual licensed under Title 40, Chapter 57.
(8) 'Real property' means the lot or parcel and the dwelling unit described in a real estate contract subject to this article.
(9) 'Selling agent' means a real estate licensee who represents a purchaser of real property through the use of a written agency agreement as required by law, a real estate licensee who is a subagent as defined by law who represents the owner, or a dual agent as defined by law who represents both the purchaser and owner.
Section 27-50-20. This article applies to the following transfers of residential real property consisting of at least one but not more than four dwelling units:
(1) sale or exchange;
(2) installment land sales contract;
(3) lease with an option to purchase contract.
Section 27-50-30. This article does not apply to transfers:
(1) pursuant to court order including transfers in administration of an estate, pursuant to a writ of execution, by foreclosure sale, by a trustee in bankruptcy, by a receiver, by eminent domain, and resulting from a decree for specific performance;
(2) to a mortgagee from the mortgagor or his successor in interest in a mortgage if the indebtedness is in default, by a trustee pursuant to a deed of trust or to a mortgagee pursuant to a mortgage if the indebtedness is in default, by a trustee under a mortgagee pursuant to a foreclosure sale, or by a mortgagee who has acquired the real property at a sale conducted pursuant to a judgment and order of foreclosure;
(3) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(4) from one or more co-owners solely to one or more other co-owners;
(5) made solely to a spouse or a person or persons in the lineal line of consanguinity of one or more transferors;
(6) between spouses resulting from a divorce decree or support order or marital property distribution order;
(7) made by virtue of the record owner's failure to pay federal, state, or local taxes;
(8) to or from the federal government;
(9) to the State, its agencies and departments, and its political subdivisions including school districts;
(10) involving the first sale of a dwelling never inhabited;
(11) real property sold at public auction;
(12) to a residential trust;
(13) between parties when both parties agree in writing not to complete a disclosure statement.
Section 27-50-40. (A) The owner of the real property shall furnish to a purchaser a written disclosure statement. The disclosure statement must contain the language and be in the form promulgated by the commission and the form may be delivered electronically through the internet or other similar methods. The commission may charge a reasonable fee for the printed form but shall post the form for free downloading on its public website. The disclosure statement must include, but is not limited to, the following characteristics and conditions of the property:
(1) the water supply and sanitary sewage disposal system;
(2) the roof, chimneys, floors, foundation, basement, and other structural components and modifications of these structural components;
(3) the plumbing, electrical, heating, cooling, and other mechanical systems;
(4) present infestation of wood-destroying insects or organisms or past infestation, the damage from which has not been repaired;
(5) the zoning laws, restrictive covenants, building codes, and other land-use restrictions affecting the real property, any encroachment of the real property from or to adjacent real property, and notice from a governmental agency affecting this real property;
(6) presence of lead-based paint, asbestos, radon gas, methane gas, underground storage tank, hazardous material or toxic material, buried or covered, and other environmental contamination;
(7) existence of a rental, rental management, vacation rental, or other lease contract in place on the property at the time of closing, and, if known, any outstanding charges owed by the tenant for gas, electric, water, sewerage, or garbage services provided to the property the tenant leases.
(B) The disclosure statement must give the owner the option to indicate that the owner has actual knowledge of the specified characteristics or conditions, or that the owner is making no representations as to any characteristic or condition.
(C) The rights of the parties to a real estate contract in connection with conditions of the property of which the owner has no actual or constructive knowledge are not affected by this article.
Section 27-50-50. (A) The owner of real property subject to this article shall deliver to the purchaser the disclosure form required by this article before a real estate contract is signed by the purchaser and owner, or as otherwise agreed in the real estate contract.
(B) Failure to provide the disclosure form required by this article to the purchaser does not:
(1) void the agreement;
(2) create a defect in title; or
(3) present a valid reason to delay or otherwise interfere with the closing of a real estate transaction by a party including a closing attorney or lender.
(C) A real estate licensee acting as a listing agent or a selling agent is subject to the regulations governing his license and performance of his responsibilities as licensee, as provided by the commission. This article does not limit any other remedy available to the purchaser under law.
Section 27-50-60. If the owner discovers, after his delivery of a disclosure statement to a purchaser, a material inaccuracy in the
Section 27-50-65. An owner who knowingly violates or fails to perform any duty prescribed by any provision of this article or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the purchaser and court costs. The court may award reasonable attorney fees incurred by the prevailing party.
Section 27-50-70. (A) A listing agent or any real estate licensee operating for any party in a residential real estate transaction must inform in writing each owner covered by the listing agreement of the owner's obligations prescribed in this article. If the listing agent performs this duty, he is not liable for the owner's refusal or failure to provide a prospective purchaser with a disclosure statement.
(B) This article does not conflict with or alter the duties of the real estate licensee pursuant to the regulations of the commission. The real estate licensee, whether acting as the listing agent or selling agent, is not liable to a purchaser if:
(1) the owner provides the purchaser with a disclosure form that contains false, incomplete, or misleading information; and
(2) the real estate licensee did not know or have reasonable cause to suspect the information was false, incomplete, or misleading.
Section 27-50-80. This article does not limit the obligation of the purchaser to inspect the physical condition of the property and improvements that are the subject of a contract covered by this article. The real estate licensee, whether acting as listing agent or selling agent, has no duty to inspect the onsite or offsite conditions of the property and any improvements.
Section 27-50-90. (A) An owner is not required to disclose the fact or suspicion that a property may be or is psychologically affected, as described in subsection (B).
(B) A cause of action may not arise against an owner of real estate in a covered transaction for failure to disclose:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through his occupancy of a dwelling place; or
(2) that the death of an occupant of a property has occurred or the manner of the death; or
(3) public information from the sex offender registry as defined in Article 7, Title 23.
(C) Subsection (B) does not preclude an action against an owner of real estate who makes intentional misrepresentations in response to direct inquiry from a purchaser or prospective purchaser with regard to psychological effects or stigmas associated with the real estate.
Section 27-50-100. This article does not affect the landlord-tenant relationship between the parties to a lease with an option-to-purchase contract during the term of the lease, and the rights of the landlords and tenants pursuant to the South Carolina Residential Landlord and Tenant Act remain in effect until transfer of ownership of the property to the purchaser.
Section 27-50-110. Nothing in this article is intended to prevent the parties to a contract of sale from entering into agreements of any kind or nature with respect to the physical condition of the property to be sold including, but not limited to, agreements for the sale of real property 'as is'.
Disclosure of South Carolina Vacation Rental Agreements
On Residential Real Property
Section 27-50-210. (A) This article applies to any rental management company acting on behalf of an owner or to any other persons or entities otherwise engaged in the renting or managing of residential property for vacation rental as defined in this article.
(B) This article does not apply to:
(1) lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge;
(2) any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);
(3) rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
Section 27-50-220. As used in this article:
(1) 'Residential property' means an apartment, condominium, single family home, townhouse, cottage, or other property devoted to residential use or occupancy by one or more persons for a definite or indefinite period.
(2) 'Rental management company' means a licensed property manager-in-charge or broker-in-charge and their associates and employees who manage vacation rentals.
(3) 'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act.
(4) 'Vacation rental agreement' means a written agreement between an owner or the owner's rental management company and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements including, but not limited to, agreements entered into over the internet and electronic facsimiles.
(5) 'Vacation rental management agreement' means a written agreement between an owner and the owner's rental management company, in which the rental management company manages residential property belonging to the owner for a vacation rental. This definition includes electronically transmitted agreements including, but not limited to, agreements entered into over the internet and electronic facsimiles.
Section 27-50-230. (A) An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this article. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:
(1) the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;
(2) the tenant's payment of any monies toward the vacation rental agreement;
(3) the tenant's taking possession of the property subject to the vacation rental agreement.
(B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any
(C) An owner or rental management company who is a party to a vacation rental who intentionally fails to use a written vacation rental agreement as required by this section commits an unfair trade practice in violation of Chapter 5 of Title 39.
(D) A rental management company has a duty to inform each owner under contract with the rental management company of the owner's obligations under this section. If the rental management company has performed this duty, the rental management company is not liable for the owner's refusal or failure to comply with the requirements of this article. Nothing in this section may be construed to conflict with, or alter, the rental management company's duties under the rules and regulations of the South Carolina Real Estate Commission.
Section 27-50-240. (A) The grantee of residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than ninety days after the date the grantee's interest is recorded in the office of the register of deeds. If the vacation rental begins more than ninety days after the recording of the grantee's interest, then no party has the right to enforce the terms of the vacation rental agreement or occupancy provided for in the agreement, but the tenant is due a refund of any payments toward the agreement within forty-five days of the recording of the transfer of interest.
(B) Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental on a disclosure statement as provided in Section 27-50-40.
(C) Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. The failure of a grantor or grantee to comply with the provisions of this section constitutes an unfair trade practice in violation of Chapter 5 of Title 39. No action may be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property
Section 27-50-250. If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order."
SECTION 3. Section 27-33-50(A) of Title 27 of the 1976 Code is amended by adding:
"Section 27-33-50. (A) Unless otherwise agreed in writing, a tenant has sole financial responsibility for gas, electric, water, sewerage, or garbage services provided to the premises the tenant leases, and a landlord is not liable for a tenant's account.
(B) An entity or utility providing gas, electric, water, sewerage, or garbage services must not:
(1) require a landlord to execute an agreement to be responsible for all charges billed to premises leased by a tenant; or
(2) discontinue or refuse to provide services to the premises the tenant leases based on the fact that the landlord refused to execute an agreement to be responsible for all the charges billed to the tenant leasing that premises."
(B) Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor.
SECTION 4. This act takes effect January 1, 2003, and applies to the covered residential transactions entered into on or after that date./
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON 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.
Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Eugene Cooper, 205 East Williams Road, Coward, S.C. 29530
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Kimberly B. Cox, P. O. Box 367, Pamplico, S.C. 29583
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Sandra M. Grimsley, 402 Charles St., Lake City, S.C. 29560
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. James R. Harwell, 5001 Rankin Plantation Rd., Florence, S.C. 29506
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Roger Neron Langley, P. O. Box 904, Johnsonville, S.C. 29555
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. James M. Lynch, 307 East Smith Street, Timmonsville, S.C. 29161
Reappointment, Florence County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Shirley W. Vause, 3858 Creek Road, Timmonsville, S.C. 29161
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Leila Foster, 12 Howe Street, Greenville, S.C. 29601-3520
On motion of Senator RICHARDSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lt. General Fred M. Dean of Hilton Head, S.C.
At 1:08 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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