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 King David's call to his community in Psalm 34:3:
"O magnify the Lord with me, and let us exalt His Name together."
Let us pray.
Father, Your ways are above our ways! We are seeing the raw, ugly, manifestation of human nature in our world these days. Some of us call it sin!
We realize that without Your redeeming... and Your renewing Spirit our earth is a barren place, a bloody battlefield, instead of a community of brotherhood!
Make us, even us, instruments of Your quickening Spirit!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration:
Document No. 2733
Agency: Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
Subject: Examination
Received by Lieutenant Governor May 15, 2002
Referred to Medical Affairs Committee
Legislative Review Expiration September 12, 2002
Subject to Sine Die Revision
Document No. 2732
Agency: Department of Labor, Licensing and Regulation, Board of Chiropractic Examiners
Subject: Advertising and Solicitation
Senator RANKIN introduced Dr. Tom Whitaker of Myrtle Beach, S.C., Doctor of the Day.
Senator MARTIN rose for an Expression of Personal Interest.
Senator THOMAS rose for an Expression of Personal Interest.
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.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator LEATHERMAN explained the House amendments.
Senator LEATHERMAN asked unanimous consent to take Senate Amendment No. 5 up for immediate consideration.
There was no objection.
Senator LEATHERMAN proposed the following Amendment No. 5 (852R001.HKL), which was adopted:
Amend the bill further, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 12-44-30(13) of the 1976 Code is amended to read:
"(13) 'Investment period' means the period beginning sixty days before the county takes action or identifies the project under Section 12-44-40(C), and ending five years after the commencement date; except that for a project with an enhanced investment as described above, the period ends eight years after the commencement date. The minimum investment must be completed within five years of the commencement date. For an enhanced investment, the enhanced investment must be completed within eight years of the commencement date. If the sponsor does not anticipate completing the project within this period, the sponsor may apply to the county before the end of the period for an extension of time to complete the project. If the county agrees to an extension, it must do so in writing and furnish a copy of the extension to the Department of Revenue within thirty days of the date the extension was granted. The extension may not exceed two five years in which to complete the project. An extension is not allowed for the time period in which the sponsor must meet the minimum investment requirement."
SECTION 2. Section 12-44-90 of the 1976 Code is amended by adding at the end:
"(H) The department, for good cause, may allow additional time for filing of returns required under this chapter. The request for an extension may be granted only if the request is filed with the department on or before the date the return is due. However, the extension must not exceed sixty days from the date the return is due. The department shall develop applicable forms and procedures for handling and processing extension requests. An extension may not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period."
SECTION 3. A. Section 12-21-3920(4) and (6) of the 1976 Code are amended to read:
"(4) 'Promoter' means an individual, corporation, partnership, or organization licensed as a professional solicitor by the Secretary of State who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. The person hired under written contract is considered the promoter.
(6) 'Session' means a consecutive series of games which must occur only between one o'clock p.m. and one o'clock a.m the hours of 12:00 p.m. and 2:00 a.m. No more than one session, limited to twelve hours, may occur during the permitted twelve-hour fourteen-hour period. Regardless of the starting time within the permitted period, the session may not extend beyond 2:00 a.m. These limitations do not apply to games operated by state or county fairs."
B. Section 12-21-3920 is amended by adding at the end:
"(20) 'Electronic dabber' means a hand-held electronic device that allows a player to store, display, and mark a bingo card face. All systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department.
(21) 'Electronic dabber bingo ticket' means a perforated two-part ticket bearing a sequential serial ticket number bearing the South Carolina State Seal, denomination, and the department's license number. The ticket must have designated blanks for entry of the date sold and electronic dabber unit supplied. Electronic dabber bingo tickets must be printed and sold only by distributors of bingo paper licensed by the department.
(22) 'Site system' means a computer accounting system commonly referred to as a point of sale system used in conjunction with electronic dabbers. This computer software is used at a site by an organization that allows an electronic dabber bingo ticket purchased from a license distributor to be downloaded to electronic dabbers, accounts for gross proceeds, and provides accounting information on all activity for one year from the end of the quarter in which the activity occurred. All systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department."
C. Section 12-21-3950(B) of the 1976 Code is amended to read:
"(B) Upon application for a license, the department has thirty forty-five days to approve or reject the application based on the requirements of this article."
D. Section 12-21-3990(A)(1), (2), and (4) of the 1976 Code are amended to read:
"(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. All cards sold for a game must sell for face value and cards may not be given to players as prizes or for free. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an
(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game game's beginning including, but not limited to, wild card games. In addition, at the conclusion of each game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game completed, must be announced before the next game begins.
(4) The caller shall draw and announce numbers from the cage one at a time. If a player has a card with the called number on it, he may use a marker or electronic dabber to cover the square which contains the number. After the number is announced, it must be indicated on the master-board by the caller."
E. Section 12-21-4000(8) of the 1976 Code is amended to read:
"(8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares. All winning configurations must be verified using an electronic verifying system and must be displayed on the monitor for all players to see."
F. Section 12-21-4000(12)(b) of the 1976 Code is amended to read:
"(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session averaged on a quarterly basis. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. Each session that the gross proceeds are greater than twice the prize amounts paid constitutes a separate offense if the tax is unpaid. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State."
G. Section 12-21-4000 of the 1976 Code is amended by adding at the end:
"(15) The house may hold promotions of special events during a session offering players prizes other than from the play of bingo not to exceed one hundred dollars in cash or merchandise for each session. This amount is not to be paid out of the bingo account and is not included in total payouts for a session. There is no additional charge to players to participate in a special promotion. The promotion must not be a form of gambling or a game of chance."
H. Section 12-21-4020(2) and (3) of the 1976 Code are amended to read:
"(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed eight thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three five bingo sessions a week.
(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session. The department, in its discretion, may allow certain Class C licenses to use hard bingo cards in lieu instead of the paper cards required by this article. An organization operating a Class C bingo game must not exceed gross proceeds of one hundred thousand dollars a calendar quarter. If the gross bingo proceeds for any calendar quarter exceed one hundred thousand dollars, the organization is required to notify the department within ten days by making application for a Class G license.
Once the organization exceeds the limit of one hundred thousand dollars, the organization is subject to tax on the dollar face value of each card at the rate of nine and one-half percent. At the time that a Class G license is issued by the department, an audit of the organization must be conducted to determine any tax owed during the interim operating period from the time the limits were exceeded until the time the Class G license was issued by the department.
To qualify to play on hard cards, a bingo game conducted by a Class C license must meet the following criteria:
(a) be operated solely by volunteers;
(b) the person managing, conducting, or operating the bingo game may must not be paid or otherwise be compensated and must be a designated member of the organization;
(c) remuneration, (including wages or other compensation), may must not be made to any individual or corporation;
(d) all equipment used to operate a game of bingo, including chairs, tables, and other equipment, must be owned by the charity;
(e) the organization must may lease the building directly from the owner of the building or own the building in which the game of bingo is played. The organization may not lease or sublease the building from a person who is not the owner;
(f) the only expenses allowed to be paid from the proceeds of the game are utility bills, prizes, purchases of cards, payments for the lease of a building, purchases of equipment required to operate a game of bingo, and the charitable purposes of the organization;
(g) one hundred percent of the net proceeds from the operation of the game must be used for charitable purposes."
I. Section 12-21-4020 of the 1976 Code is amended by adding at the end:
"(7) CLASS G: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session and whose gross receipts exceed one hundred thousand dollars a calendar quarter shall obtain a Class G license at a cost of three hundred dollars. However, the organization may offer a prize in cash or merchandise of not more than one hundred fifty dollars for ten jackpot games a session."
J. Section 12-21-4080(A) of the 1976 Code is amended to read:
"(A) Upon completion of the session, the promoter or the organization member representative shall deliver to the representative member of the organization deposit the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees into the bingo checking account. If the promoter is authorized by the organization to make the session deposit, the promoter shall deliver to the organization representative evidence that the deposit was made in a timely manner. This evidence must be furnished no later than the next business day following the day of the bingo session on which the proceeds were obtained."
K. Section 12-21-4090(C) of the 1976 Code is amended to read:
"(C) An organization receiving an annual license to conduct bingo shall establish and maintain one regular checking account designated the 'bingo account' and also may maintain an interest-bearing savings account designated the 'bingo savings account'. All funds derived from the conduct of bingo, less the amount awarded as cash prizes, must be deposited in the bingo account. No Other funds may not be
L. Section 12-21-4120 of the 1976 Code is amended to read:
"Section 12-21-4120. A person who is found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request. Any organization or promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. Any organization or promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."
M. Section 12-21-4150 of the 1976 Code is amended to read:
"Section 12-21-4150. A person who poses as a bingo player, or a person who conspires to have a person pose as a bingo player with the intent to defraud regular customers of the game, or a person who is using unauthorized bingo supplies, or a person using counterfeit electronic dabber bingo tickets is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."
N. Section 12-21-4190(A) of the 1976 Code is amended to read:
"(A) The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold for AA, B, D, and E licenses. The department shall charge and retain five cents for each dollar of face value for each bingo card sold to a F license. There shall be no charge for a C license. There is a charge of nine and one-half cents for each dollar of face value for each bingo card sold to a G license. For any holder of a Class G license that is charged nine and one-half cents for each bingo card sold, a distribution of a portion of the tax paid must be made back to the organization in the same manner as provided in Section 12-21-4190(B)."
O. Section 12-21-4210 of the 1976 Code is amended to read:
"Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. For any Class C paper in inventory at the time that the organization applies for a Class G license and begins to pay tax, a department agent shall inventory any untaxed paper and conduct an examination of books and records from the point of time that the game exceeded one hundred thousand dollars and an assessment must be issued on the dollar face value of each card and the tax must be paid within fifteen days from the date of the assessment. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges. If an organization operating a bingo game ceases operation within fifteen days from the purchase of the last voucher and the voucher remains outstanding, the department shall accept the returned paper and credit the value of returned paper against the outstanding voucher. The organization then shall pay the balance of the voucher less the value of returned paper."
P. Section 12-21-4270 of the 1976 Code is amended to read:
"Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by check, certified check, any electronic method, or cash within fifteen days of receipt of the application. If payment is made by check and the check is returned by the bank for any reason, the organization or promoter then is required to make payment to the department by certified funds for the remainder of the time that the bingo session is in operation. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of
Q. The 1976 Code is amended by adding:
"Section 12-21-4005. (A) A site system and an electronic bingo dabber must meet the following specifications:
(1) A site system must:
(a) record a nonresetable electronic consecutive six digit receipt number for each transaction;
(b) issue a player a receipt for each transaction containing:
(i) name of a site or organization;
(ii) date and time of the transaction;
(iii) number of electronic bingo card images downloaded;
(iv) selling price of a card or package, gross proceeds, and receipt number; and
(v) serial number of device issued to a player;
(c) print a summary report for each session containing:
(i) date and time of the report;
(ii) name of site;
(iii) date of the session;
(iv) sequential session number;
(v) number of transactions;
(vi) number of voided transactions;
(vii) number of electronic bingo card images downloaded;
(viii)number of devices used;
(ix) total gross proceeds; and
(x) any other information required by the department.
(2) An electronic dabber:
(a) must be a portable hand-held unit and may not be wired directly to a site system;
(b) may not have more than one hundred forty-four faces to be played each game when used in a Class B game and not more than two hundred eighty-eight faces to be played each game when used in a Class AA game;
(c) must require a player to manually enter each bingo number called by using an input function key;
(d) shall display a player's best card or a winning card and alert only that player through an audio or video method, or both, of that result;
(e) must automatically erase all stored cards at the end of the last game of a session or when the device is turned off; and
(f) must be downloaded with new cards at the beginning of each session.
(B) The department's representative may examine and inspect a site system, electronic bingo dabber, and related equipment. The examination and inspection must include immediate access to the electronic dabber and unlimited inspection of all parts, equipment, and associated systems.
(C) A player may exchange a defective electronic dabber for another provided a disinterested player verifies that the electronic dabber is not functioning. A disinterested player also shall verify that no numbers called for the game in progress have been keyed into the replacement electronic dabber before the exchange.
(D) Before a player uses an electronic dabber, he must purchase an electronic dabber bingo ticket from the house which entitles the player to mark his cards electronically rather than using paper cards and marking them manually.
(E) The electronic dabber ticket as defined in Section 12-21-3920(22) is perforated and allows both the player and the house to retain a copy. The ticket must be sold at face value. The cards must be purchased on a bingo voucher only from a distributor licensed in this State.
(F) After completion of each session, the organization shall generate an activity report containing the number of electronic dabbers used in the session along with the house receipts for each electronic dabber bingo tickets sold. This report must be printed and maintained with the daily reports of the bingo session held."
R. Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4005. The use of an electronic or mechanical device designed for a bingo game authorized pursuant to this chapter must be limited to a bingo promoter and the promoter's employees or any other person authorized by law to conduct bingo only in order to facilitate bingo play, and such a machine must not dispense as a prize coins or currency. The operation of the bingo games excludes machines and lottery games, including video poker lottery games, prohibited by Section 12-21-2710, 16-19-40, and 16-19-50.
Section 12-21-4300. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this article is for any reason held to be unconstitutional or invalid, such holding shall not
SECTION 4. The 1976 Code is amended by adding:
"Section 12-2-90. (A) As used in this section, `fee-in-lieu of tax' means the amount required to be paid by the owners or lessees of any property in an industrial or business park pursuant to the provisions of Section 13(D) of Article VIII of the Constitution of this State and its implementing statutes.
(B) For purposes of the collection and enforcement of the fee-in-lieu of tax:
(1) Owners and lessees of any property in an industrial or business park shall file returns and other information as if the property were taxable.
(2) Returns are due at the same time as property tax returns would be due if the property were taxable.
(3) The fee-in-lieu of tax is due at the same time as property tax payments would be due if the property were taxable.
(4) Failure to make a timely fee-in-lieu of tax payment or to file required returns shall result in penalties being assessed as if the payment or return were a property tax payment or return.
(5) The provisions of this title which are applicable to the collection and enforcement of property taxes apply to the collection and enforcement of the fee-in-lieu of tax and, for purposes of applying those provisions, the fee-in-lieu of tax is considered a property tax. The provisions of Section 12-54-155 do not apply to this section.
(C) The provisions of this section are in addition to and do not affect any other provision of law relating to the collection and enforcement of other forms of payments in-lieu of taxes."
SECTION 5. Chapter 41, Title 2 of the 1976 Code is amended by adding:
Joint Committee on Taxation
Section 2-41-10. There is established the Joint Committee on Taxation composed of nine members. The nine members must be appointed as follows:
(1) three Senators appointed by the Chairman of the Senate Finance Committee, one of which must be a member of the minority party;
(2) three members of the House of Representatives appointed by the Chairman of the Ways and Means Committee, one of which must be a member of the minority party; and
(3) three representatives of the business community, one being a certified public accountant, appointed by the Governor.
Members of the Senate and House of Representatives serve ex-officio. The committee chairman must be one of the legislative members and the vice-chairman must be one of the business community members. Both officers are to be elected by the membership of the committee. The terms of members appointed by the Governor shall be coterminous with the term of the appointing Governor.
Section 2-41-20. The committee must:
(1) make a detailed and careful study of the revenue laws of the State, together with all other laws of the State which have a bearing upon the study of the revenue laws, and to make recommendations to the General Assembly;
(2) provide for the revision of revenue laws so as to develop a more easily understandable and workable system of revenue laws for the State;
(3) recommend changes in the basic tax structure of the State and in the rates of taxation, together with predicted revenue effects of the charges together with proposed alternate sources of revenue, to the end that our revenue system may be stable and equitable, and yet so fair when compared with the tax structures of other states, that business enterprises and persons would be encouraged by the economic impact of the South Carolina revenue laws to move themselves and their business enterprises into the State;
(4) recommend study of alternate sources of revenue found in the tax structures of other states, and particularly in the other southeastern states, and to make a report of the economic impact of the South Carolina tax structure upon the business enterprises of various types of industry, as compared with those of other southeastern states; and
(5) make recommendations for long-range revenue planning and for future amendments of the revenue laws of South Carolina.
Section 2-41-30. The committee may:
(1) hold public hearings;
(2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and
(3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions.
Section 2-41-40. The committee may adopt by majority vote rules not inconsistent with this chapter it considers proper with respect to matters relating to the discharge of its duties under this chapter.
Section 2-41-50. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Revenue, and other state agencies and institutions.
Section 2-41-60. The committee must make reports and recommendations to the General Assembly and the Governor by June 30, 2006, at which time the committee will be dissolved. These findings and recommendations must be published and made available to the public.
Section 2-41-70. The members of the committee are entitled to receive the per diem, mileage, and subsistence as is allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. These expenses must be paid from approved accounts of their respective bodies. All other costs and expenses of the committee must be paid in equal proportion by the Senate and the House of Representatives."
SECTION 5. A. Section 59-2-70 of the 1976 Code, as added by Act 72 of 2001, is amended by adding a new subsection appropriately numbered to read:
"( ) Beneficiaries may be changed in any account by an account owner as desired to the extent not prohibited by federal law."
B. Section 59-2-80(C) of the 1976 Code, as added by Act 72 of 2001, is amended to read:
"(C) The earnings portion of any withdrawals from an account that are not qualified withdrawals shall be included in the gross income of the resident recipient of the withdrawal for purposes of South Carolina income taxes in the year of the withdrawal. Withdrawals of the principal amount of contributions that are not qualified withdrawals must be recaptured into South Carolina income subject to tax to the extent the contributions were previously deducted from South Carolina taxable income."
C. Section 59-2-80(D) of the 1976 Code, as added by Act 72 of 2001, is amended to read:
"(D) Contributions to an each investment trust account created under this chapter by a resident of this State or a nonresident required to file a State of South Carolina income tax return for any year are deductible from South Carolina income subject to tax for that year up to the limit of maximum contributions allowed to such accounts under Section 529 of the Internal Revenue Code of 1986, as amended, including funds transferred to an investment trust account from another qualified college investment account plan, as allowable under Section 529 of the Internal Revenue Code of 1986, as amended, and to the extent that the transferred funds were not permitted a state income tax deduction previously under state law. The deduction for funds transferred from another qualified college investment account shall be allowable in the year in which the funds are transferred South Carolina law.
For purposes of this subsection, the term 'qualified plan' means any plan qualified under Section 529 of the Internal Revenue Code of 1986, as amended.
State income tax deductions as provided for in this section may be taken in any taxable year for contributions and rollovers made during that taxable year, and up to April fifteenth of the succeeding year, or the due date of a taxpayer's state income tax return excluding extensions, whichever is longer."
D. The 1976 Code is amended by adding:
"Section 59-2-85. The Comptroller General and the chief financial officers of state agencies, departments, and institutions maintaining separate payroll accounts, at the request of a state employee, may arrange for contributions through payroll deduction to the program. The State Treasurer is authorized to devise a method whereby private and nonprofit businesses or organizations may arrange for employees to contribute through payroll deduction to the program."
E. Section 12-6-1140(11) of the 1976 Code, as added by Act 72 of 2001, is amended to read:
"(11) a contribution contributions to the South Carolina Tuition Prepayment Program as to the extent provided in Section 59-4-100 and to the South Carolina College Investment Program to the extent provided in Section 59-2-80."
SECTION 6. Upon approval by the Governor, SECTION 3 takes effect October 1, 2002. SECTION 5 takes effect December 31, 2001. All others SECTIONS take effect upon approval of the Governor./
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator PINCKNEY proposed the following amendment (GJK\21361HTC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Section 4-10-330(A)(3) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(3)(a) If the county proposes to issue bonds to provide for the payment of any costs of the projects, the maximum amount of bonds to be issued, whether the sales tax proceeds are to be pledged to the payment of the bonds and, if other sources of funds are to be used for the projects, specifying the other sources;
(b) the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax, or portion of the project or portion of the facilities, to be funded from proceeds of the tax or bonds issued as provided in this article and the maximum amount of net proceeds expected to be used to pay the cost or debt service on the bonds, as the case may be; and"
B. Section 4-10-330(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(C) Upon receipt of the ordinance, the county election commission must shall conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission must shall publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any project, the notice must include a statement indicating that principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law."
C. Section 4-10-330(D) of the 1976 Code, as added by Act 138 of 1997, is amended by adding a paragraph at the end to read:
"If the referendum includes the issuance of bonds, the question must be revised to include the principal amount of bonds proposed to be authorized by the referendum and the sources of payment of the bonds if the sales tax approved in the referendum is inadequate for the payment of the bonds."
D. Section 4-10-340(B)(2) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(2) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question the end of the calendar quarter during which the Department of Revenue receives a certificate under Section 4-10-360 indicating that no more bonds approved in the referendum remain outstanding that are payable from the sales tax and that all the amount of the costs of the projects approved in the referendum will have been paid upon application of the net proceeds during this quarter."
E. Section 4-10-360 of the 1976 Code, as amended by Act 93 of 1999, is further amended to read:
"Section 4-10-360. The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations. However, allocations made as a result of city or county code errors must be corrected prospectively. Within thirty days of the receipt of any quarterly payment, the county treasurer or the county administrator shall certify to the Department of Revenue amounts of net proceeds applied to the costs of each project and the amount of project costs remaining to be paid and, if bonds have been issued that were approved in the referendum, a schedule of payments remaining due on the bonds that are payable from the net proceeds of the sales tax authorized in the referendum."
F. Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor and applies with respect to referenda held on or after that date. A county holding a referendum and adopting an ordinance pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code, before the effective date of this section in which the ordinance provides that the proceeds of the sales tax would be used to repay bonds issued to fund project costs may continue to collect the tax and apply the revenue to the repayment of the bonds while any of these bonds remain outstanding, but in no event may the tax be collected for any period longer than the maximum term of the tax provided in the referendum. /
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
The amendment was adopted.
Senators MARTIN and MOORE proposed the following amendment (BBM\9176HTC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 12-10-80(C)(3)(f) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(f) employee relocation expenses associated with new or expanded technology intensive facilities as defined in Section 12-6-3360(M)(14) or relocation expenses associated with new national corporate headquarters as defined in Section 12-6-3410(J)(1)(a) that qualify for the enhanced corporate income tax credit under Section 12-6-3410(D);"
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following amendment (BBM\9174HTC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 4-10-330(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law."
B. Section 4-10-340 of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"Section 4-10-340. (A) If the sales and use tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the reimposition of an existing sales and use tax imposed pursuant to this article is approved in the referendum, the new tax is imposed immediately following the termination of the earlier imposed tax. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(B) The tax terminates on the earlier of:
(1) the final day of the maximum time period specified for the imposition; or
(2) the end of the calendar month during which the Department of Revenue determines six weeks after the date the Department of Revenue formally notifies the governing body of the county that the department has determined that the tax has raised revenues sufficient to provide the net proceeds equal to, or but in no case greater than, the amount specified in the referendum question.
(C) Amounts collected in excess of the required net proceeds must first be applied, if necessary, to complete a project for which the tax was imposed; otherwise, the excess funds must be credited to the general fund of the governmental entities receiving the proceeds of the
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following amendment (852R002.TLM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION _____. Section 9-9-60(3) of the 1976 Code is amended to read:
"(3) A member who has attained the age of seventy and one-half years and has twenty-five years of service or who has attained the age of 70 or has 30 years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months after the execution and filing of the application, the member desires to be retired. A member who has retired under this provision shall make no further contributions to the system, shall earn no further service credit, and may not reenter membership in the system." /
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 ordered sent to the House with amendments.
The following were introduced:
S. 1285 (Word version) -- Senators Holland, Alexander and Ravenel: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME CERTAIN FOR
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
S. 1286 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1040, SO AS TO REQUIRE AGENCIES OF STATE GOVERNMENT OR POLITICAL SUBDIVISIONS OF THE STATE WHICH CONTRACT WITH CORPORATIONS TO PROVIDE SERVICES TO OR FOR THE AGENCY TO ONLY CONTRACT WITH CORPORATIONS THAT HAVE HEADQUARTERS IN SOUTH CAROLINA.
l:\council\bills\nbd\11724ac02.doc
Read the first time and referred to the Committee on Judiciary.
S. 1287 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 59-39-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DIPLOMAS TO HIGH SCHOOL STUDENTS WHO ENLISTED IN THE MILITARY DURING WORLD WAR II, SO AS TO ALSO INCLUDE THE ISSUANCE OF DIPLOMAS TO STUDENTS WHO ENLISTED DURING THE PERIOD OF JUNE 25, 1950, THROUGH JULY 27, 1953, THE KOREAN WAR.
l:\council\bills\nbd\11744ac02.doc
Senator MOORE spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 1288 (Word version) -- Senators Setzler, Knotts and Bauer: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES
Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator SETZLER, with unanimous consent, S. 1288 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1289 (Word version) -- Senators Elliott, Alexander, Anderson, Bauer, Branton, Courson, Drummond, 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, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO RENAME THE INTERCHANGE AT EXIT 101 ON I-20 IN KERSHAW COUNTY THE "RICHARD THOMAS HOLLAND INTERCHANGE" IN HONOR OF HIS CHILDREN, GRANDCHILDREN, ONE OF WHOM IS SENATOR DONALD H. HOLLAND, AND HIS GREAT-GRANDCHILDREN.
l:\council\bills\gjk\21375zcw02.doc
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5115 (Word version) -- Reps. Sandifer, Cato and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 5262 (Word version) -- Rep. G. Brown: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 5274 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO DESIGNATE MAY 23-27, 2002, AS "THE WALL THAT HEALS DAYS" IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO VISIT THIS EXTRAORDINARY MEMORIAL.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 5275 (Word version) -- Reps. Jennings, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith,
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5282 (Word version) -- Reps. Kennedy, Davenport and Klauber: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MAY 29, 2002, AS THE TIME CERTAIN FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 2002.
The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
H. 5292 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CAPTAIN CARLTON BRADLEY SANDERS UNITED STATES MARINE CORPS, OF LITTLE MOUNTAIN AND NEWBERRY COUNTY, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator J. VERNE SMITH from the General Committee submitted a majority favorable with amendment and Senator HAWKINS a minority unfavorable report on:
H. 3360 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 3473 (Word version) -- Reps. J.R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D.C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS,
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4260 (Word version) -- Reps. Sharpe and Ott: A BILL TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable report on:
H. 4516 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable report on:
H. 4701 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
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,
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
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
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 5132 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
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.
Ordered for consideration tomorrow.
Columbia, S.C., May 16, 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. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
Very respectfully,
Speaker of the House
Received as information.
H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE
On motion of Senator ALEXANDER, the Senate insisted upon its amendments to H. 3697 and asked for a Committee of Conference.
Whereupon, Senators ALEXANDER, HUTTO and KUHN 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 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. 4663 (Word version) -- Reps. Allison, Harrell, Townsend, Cotty, J.R. Smith, Clyburn and Walker: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO TRANSFER UP TO TWENTY PERCENT OF REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE, AND TO AUTHORIZE SCHOOL DISTRICTS AND SPECIAL SCHOOLS FOR FISCAL YEARS 2001-2002 AND 2002-2003 TO EXPEND FUNDS RECEIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND FOR SCHOOL FACILITIES AND FIXED EQUIPMENT ASSISTANCE INSTEAD FOR ANY INSTRUCTIONAL PROGRAM.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3014 (Word version) -- Reps. Kirsh, Witherspoon, Walker, Meacham-Richardson and Stille: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J.M. Neal, Ott, Phillips, F.N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS OF A DEATH PENALTY TRIAL, SO AS TO PROVIDE THAT, IF REQUESTED BY THE STATE OR THE DEFENDANT, THE JUDGE MUST CHARGE THE JURY IN HIS INSTRUCTIONS THAT LIFE
Received as information.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
Received as information.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 968 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO $1,207,749 OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF ACQUIRING OPERATING SOFTWARE AND INFORMATION TECHNOLOGY EQUIPMENT TO BE USED FOR PROCESSING INCREASED WORKLOADS RELATED TO UNEMPLOYMENT CLAIMS AND EMPLOYER ACCOUNTS.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.295, H. 3240 by a vote of 3 to 7:
(R295, H3240 (Word version)) -- Reps. Altman, Limehouse, Campsen and Scarborough: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY
Received as information.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.302, H. 4435 by a vote of 8 to 79:
(R302, H4435 (Word version)) -- Reps. Robinson, Altman and Whipper: AN ACT TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Very respectfully,
Speaker of the House
Received as information.
S. 1205 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 ARE TO BE ELECTED, SO AS TO PROVIDE THAT BEGINNING WITH THE GENERAL ELECTION IN 2002, MEMBERS MUST BE ELECTED FROM THE SCHOOL DISTRICT AT-LARGE.
The House returned the Bill with amendments.
On motion of Senator PEELER, 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.
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. 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.
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.
By prior motion of Senator HOLLAND
The following House Bills were read the third time and ordered returned to the House with 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.
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.
H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE
Senator RANKIN 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 LAND proposed the following amendment (GGS\22584CM02), which was adopted:
Amend the bill, as and if amended, Section 56-3-662, as contained in SECTION 3, page 3, by adding after the / . / on line 22:
/ The five-dollar fee collected pursuant to this section must be placed in a special restricted account by the Comptroller General to be used by the department for the administration and enforcement of the provisions contained in Articles 3 and 5 of Chapter 23, Title 58, and for the building or renovation of weigh stations. All unexpended funds from prior years collected under this section may be retained and carried forward by the department and used for these purposes. /
Amend title to conform.
Senator LAND 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, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 4740 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2002" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
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.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
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 COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, AND GIVE THE DEPARTMENT OF TRANSPORTATION AUTHORITY TO ENFORCE "C" FUND PROVISIONS BY WITHHOLDING OF "C" FUND ALLOCATIONS AND FORFEITURE OF ALLOCATIONS.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time with notice of general amendments.
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.
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.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (BBM\9163HTC02), which was adopted:
Amend the bill, as and if amended, by adding a penultimate SECTION to read:
/ SECTION __. Section 12-4-580(D)(1) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(1) 'Governmental entity' means the State and any state agency, board, committee, department, private or public institution of higher learning; all political subdivisions of the State; and all federal agencies, boards, and departments. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members." /
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. 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.
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 JUD3668.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. 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; and
(4) an individual entitled to bring a wrongful death action on behalf of the deceased.
These photographs and videos must not be released or disseminated except 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." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO 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.
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, AND TO AMEND VARIOUS SECTIONS IN TITLE 40, RELATING TO THE SOUTH CAROLINA PHARMACY PRACTICE ACT. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (NBD\11718AC02), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 9 of the bill and inserting:
/SECTION 9. Section 40-43-91(A) of the 1976 Code is amended to read:
"(A) All A permit holders holder shall report to the Board of Pharmacy within three thirty working days of the discovery of the occurrence of:
(1) theft or loss of drugs or devices; or
(2) conviction of any employee of any state or federal drug laws law."/
Amend the bill further, Section 40-43-60(I), page 13, line 32, by deleting /one-time/.
Renumber sections to conform.
Amend title to conform.
Senator PEELER 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.
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
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (NBD\11753AC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION __. Section 56-3-120 of the 1976 Code, as last amended by Act 375 of 2000, is further amended by adding at the end:
"(6) firefighting vehicles that are publicly owned by the state or a county, municipality, or special purpose district as follows:
(a) motorized firefighting vehicles that carry a pump or water tank in excess of three hundred gallons;
(b) motorized firefighting vehicles containing a hydraulically operated ladder; and
(c) specialized support vehicles that specifically transport equipment utilized for rescue operations, hazardous materials response, wildfire emergencies, breathing air refill support, and incident command."/
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator THOMAS proposed the following amendment (3480THOMASDUS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION 19. (A) The 1976 Code is amended by adding:
Section 56-1-464. (A) Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the state's charge of driving under suspension based upon the out-of-state violation if:
(1) the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and
(2) the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars. This assessment is not subject to an additional assessment under the provisions of Sections 14-1-207 or 14-1-208.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court.
(B) The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator VERDIN proposed the following amendment (DKA\3018MM02), which was adopted:
Amend the bill, as and if amended, page 1, after line 41, by adding an appropriately numbered new SECTION to read:
/ SECTION __. Section 56-5-1538 of the 1976 Code, as added by Act 256 of 1996, is amended to read:
"Section 56-5-1538. (A) An emergency scene is a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing red lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on-scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training.
(F) The driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel.
(G) A person driving a vehicle approaching a stationery authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:
(1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.
(H) A person who violates the provisions this section is guilty of the misdemeanor of endangering emergency services personnel and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars.
(I) For purposes of this section:
(1) 'Authorized emergency vehicle' means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.
(2) 'Emergency services personnel' means fire, police, or emergency medical services personnel (EMS) responding to an emergency incident." /
Renumber sections to conform.
Amend title to conform.
Senator VERDIN 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. 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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators RAVENEL and SHORT proposed the following amendment (BBM\9182HTC02), which was adopted:
Amend the bill, as and if amended, in Section 6-1-530(A)(3), as contained in SECTION 1, page 1, by striking beginning on line 32 /approved by the Tourism Expenditure Review Committee/
Amend the bill further, beginning on page 1, by striking SECTIONS 2, 3, and 4 in their entirety.
Amend further, by adding two SECTIONS appropriately numbered to read:
/ SECTION __. Section 6-4-5 of the 1976 Code, as last amended by Act 74 of 2001, is further amended to read:
"Section 6-4-5. As used in this chapter:
(1) 'County area' means a county and municipalities within the geographical boundaries of the county.
(2) 'Cultural', as it applies to members of advisory committees in Section 6-4-25 and the South Carolina Accommodations Tax Oversight Committee in Section 6-4-30, means persons actively involved and familiar with the cultural community of the area including, but not limited to, the arts, historical preservation, museums, and festivals.
(3) 'Hospitality', as it applies to members of the committees in item (2), means persons directly involved in the service segment of the travel and tourism industry including, but not limited to, businesses that
(4) 'Travel' and 'tourism' mean the action and activities of people taking trips outside their home communities for any purpose, except daily commuting to and from work.
(5) 'Tourist' means a person traveling to and staying in places outside his usual environment for one night or more for leisure, business, or any other purpose. A person meeting this definition may be staying in places of public accommodations such as hotels, motels, inns, bed and breakfasts, campgrounds, or the residences of family or friends."
SECTION __. Section 6-4-25(A) of the 1976 Code, as added by Act 147 of 1991, is amended to read:
"(A) A municipality or county receiving more than twenty-five fifty thousand dollars in revenue from the accommodations tax in county areas collecting more than fifty thousand dollars shall appoint an advisory committee to make recommendations on the expenditure of revenue generated from the accommodations tax. The advisory committee consists of seven members with a majority being selected from the hospitality industry of the municipality or county receiving the revenue. At least two of the hospitality industry members must be from the lodging industry where applicable. One member shall represent the cultural organizations of the municipality or county receiving the revenue. For county advisory committees, members shall represent the geographic area where the majority of the revenue is derived. However, if a county which receives more in distributions of accommodations taxes than it collects in accommodations taxes, the membership of its advisory committee must be representative of all areas of the county with a majority of the membership coming from no one area." /
Renumber sections to conform.
Amend title to conform.
Senator SHORT 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. 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 adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3144.005), 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 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, and 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.
(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
(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
(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 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
(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
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 one hundred thousand dollars in the case of a candidate for statewide office;
(2) five fifty 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.
The recipient of a contribution given in violation of subsection (A) shall not keep the contribution but within seven days must either return the contribution to the contributor or 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
(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
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. 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 40. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect
SECTION 41. Sections 1-8, 11, 12, 25, 32, and 35-40 take effect upon approval of Governor. Sections 9, 10, 13-24, 26-31, 33, and 34 take effect January 1, 2003, and govern only transactions which take place after December 31, 2002. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
Senator RICHARDSON proposed the following amendment (3144R001.SHR), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS:
/ SECTION __. Section 2-17-20(__) of the 1976 Code is amended to read:
"(__) 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 __. Section 2-17-20(__) of the 1976 Code is amended to read:
"(__) 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
SECTION __. Section 2-17-25(__) of the 1976 Code is amended to read:
"(__) 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 __. Section 2-17-25(__) of the 1976 Code is amended to read:
"(__) 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." /
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 second time and ordered placed on the third reading Calendar with notice of general amendments.
Senator MOORE asked unanimous consent to make a motion to adjourn debate on the Bill.
Senator RICHARDSON objected.
Senator MOORE asked unanimous consent to make a motion to adjourn debate on the Bill, not to be taken up for consideration before Wednesday, May 22, 2002.
Senator MARTIN objected.
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.
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 (JUD3905.001), which was adopted:
Amend the bill, as and if amended, page 1, line 27, in Section 14-1-214(A), as contained in SECTION 1, by striking line 27 and inserting therein the following:
/ municipal court judges may: /.
Amend the bill further, as and if amended, page 2, line 10, in Section 14-1-214(D), as contained in SECTION 1, by striking line 10 and inserting therein the following:
/ who accepts payment by credit card or debit card pursuant to this section may refuse acceptance of credit or debit cards of an individual if: /.
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.
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (SWB\5395DW02), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 1-11-250 of the 1976 Code is amended to read:
"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:
(a) 'State agency' shall mean means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) 'Board' shall mean means State Budget and Control Board.
(c) 'Council' shall mean the Motor Vehicle Management Council as established in Section 1-11-230."
SECTION __. Section 1-11-260 of the 1976 Code is amended to read:
"Section 1-11-260. (A) The Fleet Manager and the Council shall report annually to the Budget and Control Board and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Management Program. This report shall also shall contain any recommended changes in the law and regulations necessary to achieve these objectives.
(B) The board, after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for
SECTION __. Sections 1-11-230 and 1-11-240 of the 1976 Code are repealed. /
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 second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
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
Senator HUTTO spoke on the Bill.
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, Huggins, Kennedy, Limehouse, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Parks, Perry, Phillips, Riser, Rivers, Scarborough, Scott, Sheheen, D.C. Smith, J.R. Smith, Snow, Stille, Stuart, Tripp, Webb, Whatley and Wilder: A BILL TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.
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.
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.
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
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator THOMAS proposed the following amendment (5105THOMASEFFECT), which was adopted:
Amend the bill, as and if amended, Section 56-10-650(C), page 4, lines 35-37, by striking:
/ (C) The provisions of this section take effect no later than one hundred eighty days after certification by the department as provided in Section 10. /
Amend the bill further, as and if amended, SECTION 12, page 12, beginning on line 39, by deleting the Section in its entirety and inserting:
/ SECTION 12. This act takes effect July 1, 2002; provided, however, that Section 56-10-650 of Sections 1, 5, 6, and 9 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS 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.
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)
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Banking and Insurance proposed the following amendment (DKA\3015ZW02), which was adopted:
Amend the bill, as and if amended, Section 38-43-20, SECTION 2, beginning on page 11, by striking subsection (D) in its entirety and inserting:
/ (D) A license as an insurance producer is not required of the following:
(1) an officer, director, or employee of an insurer or of an insurance producer, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this State and:
(a) the officer, director, or employee's activities are executive, administrative, managerial, clerical or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance; or
(b) the officer, director, or employee's function relates to underwriting, loss control, inspection or the processing, adjusting, investigating or settling of a claim on a contract of insurance; or
(c) the officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation or negotiation of insurance; or
(d) an employee of a licensed producer who is under the producer's direct supervision or an employee of a licensed insurer, who performs only clerical duties, and who is paid on an hourly or salary basis and not on a commission basis; or an agency office employee acting within the confines of the producer's office, under the direction and supervision of the licensed producer and within the scope of the producer's license, in the acceptance of request for insurance and payment of premiums and the performance of clerical, stenographic, and similar office duties;
(2) a person who secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health insurance; or for the purpose of enrolling individuals under plans; issuing certificates under plans or otherwise assisting in administering plans; or performs administrative services related to mass marketed property and casualty insurance; where no commission is paid to the person for the service;
(3) an employer or association or its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, director, or trustees are engaged in the administration or operation of a program of employee benefits for
(4) employees of insurers or organizations employed by the insurers who are engaging in the inspection, rating or classification of risks, or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation or negotiation of insurance;
(5) a person whose activities in this State are limited to advertising without the intent to solicit on its own behalf insurance in this State through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the State, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this State;
(6) a person who is not a resident of this State who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that that person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state;
(7) a salaried full-time employee who counsels or advises his employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit, negotiate insurance or receive any commission. /
Amend further by striking beginning on page 20, Section 38-43-80 as contained in SECTION 2 in its entirety and inserting:
/ Section 38-43-80. (A) Unless otherwise changed by order of the director, the following biennial fees are applicable to an agent's license producer licenses, agency licenses, and insurer appointments:
(1) local agent producer license fee: forty twenty dollars; biennial appointment fee: forty dollars;
(2) state, special, or general agent producer initial and biennial license and appointment fee: one hundred dollars; general producer initial and biennial appointment fee: one hundred dollars;
(3) agency license - initial and biennial license fee: forty dollars; limited lines biennial license and appointment fee: forty dollars.
However, the license and appointment fee applicable to an agent a producer of a common carrier who sells only transportation ticket policies on accident and health insurance or baggage insurance on personal effects is twenty dollars.
(B) License fees for local, state, or special agents must be paid by the insurer for whom the agent proposes to act or by which the proposed agent is vouched for in the application for license. At the time of licensure, the license fee for each applicable line of insurance must be paid in advance by the producer. The department shall promulgate regulations specifying the time and manner of payment of these fees.
(C) Effective January 31, 2003, individuals licensed as local producers shall pay a one-time administrative fee of thirty-five dollars. Furthermore, each new applicant for a local producer license on or after January 31, 2003, shall pay a one-time twenty dollar license fee. The one-time local producer administrative fee and license fee are to be retained by the department as other funds for purposes of implementing and administering individual licensing requirements. If the administrative fee for a local producer is not paid at the time and in the manner prescribed by the department, the license may be canceled. All other license and appointment fees must be deposited into the general fund. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS 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.
Senator RICHARDSON asked unanimous consent to make a motion that the Bill be given a third reading tomorrow.
Senator McCONNELL objected.
H. 4654 (Word version) -- Reps. Delleney, G.M. Smith, Simrill, Easterday, Kirsh, Lucas, McCraw, Meacham-Richardson, Wilkins and Campsen: A
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 (JUD4654.003), which was ruled out of order:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS, SO AS TO EXCLUDE LOTTERY VENDORS THAT PROVIDE ONLY BANKING SERVICES FROM THE PROHIBITIONS AGAINST CERTAIN POLITICAL CONTRIBUTIONS AND EXPENDITURES AND CERTAIN LOBBYING ACTIVITIES; AND TO ADD SECTION 59-150-405, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO COMPILE AND PUBLISH ANNUAL STATISTICS ON LOTTERY-RELATED CRIMES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 59-150-130(G) is amended to read:
"(G) A lottery vendor must not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and a lottery vendor must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the lottery vendor for the purpose of of influencing a political decision in connection with the operation of the lottery."
SECTION 2. Section 59-150-130(I) is amended to read:
"(I)(1) The prohibitions and restrictions described in item (A)(7) and subsections (F) and (G) specifically apply to a lottery vendor as defined in Section 59-150-20(9), except as provided in item (2) of this subsection, and its employees, members of its board, and holders of an interest in it of more than ten percent, and their immediate family members, as defined in Section 59-150-20(6).
(2) The prohibitions and restrictions described in item (A)(7) and subsections (F) and (G) do not apply to a lottery vendor that is a federally chartered or insured financial institution and that provides only banking services as a lottery vendor."
SECTION 3. Article 1, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 59-150-405. SLED must compile annual statistics on lottery-related crimes. When compiled, the annual statistics on lottery-related crimes must be published or made readily available to the general public by January fifteenth of each year. For purposes of this section, 'lottery-related crime' means an offense that is or results from a violation of this chapter or that involves the larceny or robbery of lottery tickets or shares."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
Senator RICHARDSON raised a Point of Order that the committee amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The committee amendment was ruled out of order.
On motion of Senator RICHARDSON, the Bill was carried over.
H. 4805 (Word version) -- Reps. Vaughn, Allison, Cato, Hamilton, Leach, Littlejohn, Lourie, Mack, Rodgers, Sheheen, Tripp, Whatley, J. Young and Wilkins: A BILL TO AMEND CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAX, BY ADDING ARTICLE 7 ENACTING THE "MUNICIPAL CAPITAL PROJECT SALES TAX ACT" SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS,
Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.
Senator SETZLER objected.
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.
Senator RICHARDSON 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 amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4426.001), which was adopted:
Amend the bill, as and if amended, page 1, line 33, by striking SECTION 1 and inserting therein the following:
/ SECTION 1. Section 61-6-2010 of the 1976 Code, as last amended by Act 391 of 2000, is further amended by adding a subsection at the end to read:
"(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this section is in addition to the petition method provided in subsection (C).
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum.
(4) An unfavorable vote in a municipal referendum ordered pursuant to this subsection does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued." /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the committee amendment.
The committee amendment was adopted.
Senator RITCHIE objected to further consideration of the Bill.
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.
The Senate Resolution was adopted.
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.
On motion of Senator KUHN, with unanimous consent, the Bill was carried over.
On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Philip O. Shillinglaw of Summerville, S.C.
Senator MARTIN moved that, when the Senate adjourns on Friday, May 17, 2002, it stand adjourned to meet next Tuesday, May 21, 2002, at 12:00 Noon, which motion was adopted.
At 12:43 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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