Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear St. Paul writing to the Philippians, Chapter 4:4ff.:
"Rejoice in the Lord always... Let your gentleness be known to everyone. The Lord is near. Do not worry about anything, but in everything by prayer and supplication with thanksgiving let your requests be made known to God."
Let us pray.
Father, we remember that, when Moses came down from an experience with You on the mountain, he brought only Ten Commandments to govern Your people on earth.
Father, we grow weary making more... and more... and more laws.
We pray, desperately, for The Spirit that will lead us and all Your people to obey Your Ten Laws!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable James H. Hodges:
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526
Senator LEVENTIS introduced Dr. Gary R. Culbertson of Sumter, S.C., Doctor of the Day.
H. 3958 (Word version) -- Reps. Rodgers, Gilham and Rivers: A BILL TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO THE BEAUFORT COUNTY LEGISLATIVE DELEGATION TO THE BEAUFORT COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the Beaufort County Legislative Delegation.
There was no objection.
On motion of Senator RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
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.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
On motion of Senator MESCHER, with unanimous consent, the Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 4962 (Word version) -- Reps. Webb, Rice and Trotter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE TWO-MILE PORTION OF STATE HIGHWAY 93 IN CLEMSON THAT RUNS FROM U.S. HIGHWAY 76 TO THE OCONEE COUNTY LINE (LAKE HARTWELL) IN PICKENS COUNTY THE "WALTER T. COX BOULEVARD" IN HONOR OF CLEMSON UNIVERSITY ICON, WALTER THOMPSON COX, WHO HAS SERVED AS COACH, DEAN, AND PRESIDENT OF CLEMSON FOR MORE THAN SIXTY-FIVE YEARS AND TO INSTALL APPROPRIATE
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator RYBERG, with unanimous consent, the Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 4996 (Word version) -- Rep. Barrett: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAYS 11 AND 28 IN WAGENER TOWNSHIP IN OCONEE COUNTY THE "GENERAL JOHN A. WAGENER INTERCHANGE" IN HONOR OF GENERAL JOHN A. WAGENER, THE FOUNDER OF THE TOWN OF WALHALLA, AND INSTALL APPROPRIATE SIGNS OR MARKERS.
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
On motion of Senator RYBERG, with unanimous consent, the Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 5207 (Word version) -- Reps. Kennedy, Snow and Harvin: A BILL TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
Senator McGILL asked unanimous consent to make a motion to recall the Bill from the Williamsburg County Legislative Delegation.
There was no objection.
Senator McGILL 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.
On motion of Senator McGILL, the Bill was read the third time and ordered enrolled for Ratification.
The following were introduced:
S. 1290 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE CHRISTOPHER BARRETT HARDIN OF COLUMBIA FOR HIS DEDICATION TO SCOUTING AND HIS ACHIEVING THE HIGHEST HONOR IN SCOUTING, THE EAGLE SCOUT AWARD, AND TO WISH HIM MUCH SUCCESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1291 (Word version) -- Senators Ryberg, Moore and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. HARRIETT B. (NELLE) TYLER OF AIKEN COUNTY FOR HER OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1292 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO COMMEND DR. LEROY DAVIS FOR HIS MAGNIFICENT WORK AS AN EDUCATOR AND ADMINISTRATOR AND TO WISH HIM GREAT SUCCESS IN HIS FUTURE UNDERTAKING AS WELL AS MANY YEARS OF
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1293 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO RECOGNIZE THE ORANGEBURG PREPARATORY SCHOOL BOYS' TRACK TEAM ON ITS CONVINCING CAPTURE OF THE 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION STATE TRACK CHAMPIONSHIP, OUT-DISTANCING ITS CLOSEST CONTENDER BY TWENTY-NINE POINTS.
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The Senate Resolution was adopted.
S. 1294 (Word version) -- Senators Hutto and Matthews: A SENATE RESOLUTION TO CONGRATULATE THE LADY INDIANS OF ORANGEBURG PREPARATORY SCHOOL ON THEIR REPEAT TITLE PERFORMANCE FOR THE 2002 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION CLASS AAA STATE SOFTBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEPARTING SENIOR MEMBERS OF THE STELLAR SQUAD.
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The Senate Resolution was adopted.
S. 1295 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO COMMEND JOHN C. ANDERSON OF CHAPIN FOR HIS THIRTY-ONE YEARS OF DEDICATED SERVICE AND COMMITMENT TO EDUCATION, CONGRATULATE HIM FOR MANY OUTSTANDING ACHIEVEMENTS THROUGHOUT HIS DISTINGUISHED CAREER AS A TEACHER, EDUCATOR, AND SCHOOL PRINCIPAL, AND EXTEND TO HIM AND HIS FAMILY EVERY GOOD WISH ON THE OCCASION OF HIS RETIREMENT FROM CHAPIN HIGH SCHOOL.
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The Senate Resolution was adopted.
H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman, Loftis and A. Young: A BILL TO AMEND SECTIONS 1-23-120 AND
Read the first time and referred to the Committee on Judiciary.
H. 5259 (Word version) -- Reps. Meacham-Richardson, Kirsh, Loftis, A. Young, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.
Read the first time and referred to the Committee on Judiciary.
H. 5288 (Word version) -- Reps. Rice, Cato, Easterday, Hamilton, Leach, Loftis and Tripp: A BILL TO PROHIBIT THE POLICE DEPARTMENT OF THE CITY OF GREENVILLE FROM ISSUING A PARKING CITATION OR OTHERWISE ENFORCE PARKING VIOLATIONS IN A PUBLIC OR PRIVATE PARKING LOT UNLESS CERTAIN SIGNS HAVE BEEN ERECTED.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 5289 (Word version) -- Reps. Jennings and Freeman: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REDESIGNATE THE EIGHT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SCHOOL DISTRICT ARE ELECTED, DESIGNATE A MAP NUMBER ON WHICH THE ELECTION DISTRICTS ARE DELINEATED, AND DELETE PROVISIONS WHICH PROVIDED THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS WHICH CORRESPOND TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
Columbia, S.C., May 16, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934
Received as information.
S. 131 (Word version) -- Senators Leatherman and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO DELETE THE RESTRICTIONS LIMITING SUCH INVESTMENTS TO AMERICAN-BASED CORPORATIONS REGISTERED ON AN AMERICAN NATIONAL EXCHANGE AS PROVIDED IN THE SECURITIES EXCHANGE ACT OF 1934 OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATION SYSTEM.
Whereupon, Senators SETZLER, THOMAS and RYBERG were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution 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. 5037 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN
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.
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.
The following House Bills were read the third time and ordered returned to the House with 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.
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)
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR
H. 3480 (Word version) -- Reps. J.E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HAYES proposed the following amendment (JUD3480.003), which was adopted:
Amend the bill, as and if amended, page 1, line 42 by adding an appropriately numbered new SECTION to read:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Registration and Licensing of All-Terrain Vehicles
Section 56-3-1420. As used in this article 'all-terrain vehicle' or 'ATV' means a motorized vehicle measuring fifty inches or less in width, having a dry weight of six hundred pounds or less, designed primarily for recreational nonhighway travel, traveling on three or more low-pressure tires, having a seat designed to be straddled by the operator, and having handlebars for steering control.
Section 56-3-1425. An owner of an ATV shall make application to the Department of Public Safety for a certificate of registration and a permanent decal for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department accompanied by an affidavit affirming ownership of the ATV or a bill of sale from the place of business where the ATV was purchased.
Section 56-3-1430. The certificate of registration must be in the possession of a person transporting the vehicle on South Carolina highways or operating the vehicle on public land or land of a person other than the registered owner.
Section 56-3-1435. If he has reasonable suspicion that a crime has been committed, a law enforcement officer may stop and require the operator or person transporting the ATV to produce its certificate of registration, which must be made available to a law enforcement officer upon request. If the ATV's Vehicle Identification Number is missing or altered or if its operator or the person transporting the ATV unlawfully refuses to present the certificate of registration upon request of a county or municipal law enforcement agency, the law enforcement agency may take possession of the vehicle until the certificate of registration is presented or, the law enforcement agency may issue a ticket with the day and time the person must appear in court with the certificate of registration.
Section 56-3-1440. When a person who is not a licensed ATV dealer receives by purchase, gift, trade, or by another means a vehicle which was registered in this State, the person who receives the vehicle shall within forty-five days after the transfer of ownership, make application to the department accompanied by the required fee for registration and
Section 56-3-1445. The registration fee for an ATV is twenty-five dollars. Notwithstanding any other provision of law, the fee collected pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety to defray the expenses of the Division of Motor Vehicles in administering this article.
Section 56-3-1450. (A) It is unlawful for any person to:
(1) alter or deface a permanent decal affixed to an ATV;
(2) alter or deface a vehicle identification number of an ATV; (3) wilfully remove or falsify a vehicle identification number of an ATV; or
(4) remove a permanent decal from an ATV or affix a permanent decal not authorized by law for use on the ATV, in either case with intent to conceal or misrepresent the identity of the ATV.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars."/
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following amendment (GGS\22590CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ____. Section 56-5-2522 of the 1976 Code as added by Act 195 of 2002, is amended to read:
"Section 56-5-2522. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object and its contents be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.
(B) Sixty days After a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.
(C) A proprietor, owner, and operator of a storage place, garage, or towing service, which has towed and stored a vehicle or object, has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction. Storage costs can be charged for a period not to exceed sixty days after which the owner, lienholder of record, or both, must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. Thirty Fifteen days after the notice is mailed, the vehicle or object and its contents may must be considered abandoned and sold by a regular or special constable appointed by the sheriff, or his designee, or chief of police, or his designee, as provided by Section 56-5-5640." /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS 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.
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
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (JUD3905.002), which was adopted:
Amend the bill, as and if amended, page 2, line 21, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 22-5-530 of the 1976 Code is amended to read:
"Section 22-5-530. (A) All persons A person charged and to be tried before any a magistrate or municipal judge for any a violation of law shall be is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which such the person is to be tried.
(B) In a jurisdiction in which the governing body has established a system for receipt of deposits in lieu of recognizance, a person held or incarcerated in a jail or detention center who is entitled to deposit a sum of money in lieu of entering into recognizance under this section may secure his immediate release from custody by paying to or depositing the sum of money required by this section with the jail or detention facility in which he is being held.
(C) Money paid to or deposited with a jail or detention facility under the authority of this section is considered paid to or deposited with the magistrate or municipal judge in lieu of entering into recognizance and must be accounted for and paid over to the magistrate or municipal judge by the jail or detention facility for disposition according to law. Money paid to or deposited pursuant to this section must be accounted for and audited in the manner required by the governing body and any other appropriate agency.
(D) The provisions of this section must not be construed to violate the requirements of Sections 16-3-1525 and 16-3-1535." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (JUD3905.010), which was adopted:
Amend the bill, as and if amended, by striking Section 22-5-530(D) in its entirety and inserting therein the following:
/ The provisions of this section must not be construed to abrogate or otherwise affect the notice requirements for victims of crime and other rights of victims of crime provided for in Article 5 of Title 16 /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with 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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators LEVENTIS, HUTTO and MOORE proposed the following amendment (3959R001.PPL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 56-5-2780(A) of the 1976 Code is amended to read:
"(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770(a) or (e) may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 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
By prior motion of Senator SETZLER
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.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
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.
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
Senator WALDREP explained the Bill.
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 FERTIFILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
The Senate proceeded to a consideration of the committee amendment, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (4944R002.RLW), which was adopted:
Amend the bill, as and if amended, page 3, line 5, by striking the word / ten / and inserting:
/ forty /
Amend the bill further, as and if amended, page 3, line 10, by striking the word / ten / and inserting:
/ forty /
Amend the bill further, as and if amended, page 3, by striking lines 31-38 and inserting:
/ (4) A restricted fertilizer permit authorizes the permit holder to engage in the distribution of all commercial fertilizers, including those that are designated as restricted fertilizers. A restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. A restricted fertilizer permit holder /
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION _____. Chapter 45 of Title 46 of the 1976 Code is amended by adding:
"Section 46-45-70. No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation." /
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __. Section 56-3-670(A) of the 1976 Code, as last amended by Act 417 of 1994, is further amended to read:
"(A) For the purpose of this section 'farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising and includes transporting farm processed horticultural products, including soil amendments and mulches, other than first market. However, farm trucks with an empty weight of less than 7,500 pounds may be used for ordinary domestic purposes and general transportation but must not be used to transport persons or property for hire. /
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Section 46-40-60(B) of the 1976 Code, as added by Act 381 of 2000, is amended to read:
"(B) In case any person subject to this section fails to make a report and remittance when required, the department shall determine the amount of the assessment according to its best judgment and information and such amount shall be prima facie correct, and the person who failed to make the report, within ten days after notice of the amount of the assessment is mailed to him, shall pay the assessment, together with a penalty of ten percent, or dispute such assessment and request a hearing to determine its amount and the penalty to be imposed. No payment shall be made until the department enters its
SECTION __. Section 46-41-130 of the 1976 Code is amended to read:
"Section 46-41-130. (A) Before the commissioner shall refuse refuses to issue a license or revoke any revokes a license he shall give ten days' notice, by registered mail, to the applicant or licensee of a time and place of hearing. At such the hearing the applicant or licensee shall must be privileged allowed to appear in person or by or with counsel and to produce witnesses. If the commissioner shall find finds the applicant or licensee shall have been guilty of any of the acts provided in Section 46-41-120 or finds that the grain dealer has not paid the assessment prescribed by Section 46-40-60(B) of the Grain Dealers Guaranty Fund, the commissioner may refuse, suspend, or revoke such the license, and shall give immediate notice of his action to the applicant or licensee.
(B) The commissioner may temporarily suspend and take possession of any a license simultaneously with the institution of proceedings under this section or Section 46-41-70 if he finds there is imminent danger to public welfare."/
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The 1976 Code is amended by adding:
"Section 46-7-100. (A) Clemson University, in conjunction with the Department of Health and Environmental Control, shall create a training and certification program for owners or operators of an animal facility as defined in Regulation 61-43 which must include, but is not limited to, understanding relevant regulations, issues, standards, principles, and practices regarding siting and management of an animal facility and land application of animal waste; controlling vectors, testing for toxic metals, organic materials, and other elements; and implementing emergency procedures and spill prevention protocols.
(B) An operator of an animal facility and waste utilization area must be trained and certified according to South Carolina Department of Health and Environmental Control Regulations on the operation of animal waste management under the program created in subsection (A)."/
Amend the bill further, as and if amended, page 3, line 10, by striking / less, / and inserting:
/ less; /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
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, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.
H. 4516 (Word version) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001,
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.
Senators O'DELL and LEATHERMAN explained the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4701 was ordered to receive a third reading on Thursday, May 22, 2002.
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.
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.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (NBD\11753AC02), which was adopted:
Amend the bill, as and if amended, Section 47-9-300, page 1, line 39 after /brand/ by inserting /for livestock/
Renumber sections to conform.
Amend title to conform.
Senator WALDREP 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.
H. 3756 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO PROVIDE THAT FAMILY COURT HAS EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE MATTERS RELATING TO THE VALIDITY OF PREMARITAL AGREEMENTS AND THE EFFECT OF THESE AGREEMENTS ON ISSUES OTHERWISE WITHIN FAMILY COURT JURISDICTION.
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 (JUD3756.002), which was adopted:
Amend the bill, as and if amended, page 1, line 28, as contained in SECTION 1, by striking line 28 and inserting therein the following:
/antenuptial agreements and the effect of antenuptial agreements on /.
Amend the bill, as and if amended, page 1, line 31, as contained in SECTION 2, by striking lines 31-32, and inserting therein the following:
/ SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect July 1, 2002, and applies to actions filed in family court on or after that date. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senators McCONNELL, MARTIN, FORD, MESCHER and HUTTO proposed the following amendment (JUD3756.005), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Section 20-7-420(37) of the 1976 Code is amended to read:
"(37) To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action in actions pertaining to custody or visitation pursuant to Section 20-7-1533."
SECTION __. Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
Guardians Ad Litem in Custody or Visitation Cases
Section 20-7-1533. (A) In an action before the family court in which custody or visitation is an issue, the court may appoint a guardian ad litem under the following circumstances:
(1) the court would not be fully informed about the facts of the case without the aid of a guardian ad litem;
(2) there is a substantial dispute between the parties which necessitates the use of a guardian ad litem; or
(3) both parties consent to the appointment of a guardian ad litem who is subsequently approved by the court.
(B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.
Section 20-7-1535. (A) A guardian ad litem may be either an attorney or a layperson. A person must not be appointed as a guardian ad litem pursuant to Section 20-7-1533 unless he possesses the following qualifications:
(1) a guardian ad litem must be twenty-five years of age or older;
(2) a guardian ad litem must possess a high school diploma or its equivalent;
(3) for initial qualification, an attorney guardian ad litem must have completed a minimum of six hours of family law continuing legal education credit in the areas of custody and visitation;
(4) for initial qualification, a lay guardian ad litem must have completed a minimum of nine hours of continuing education in the areas of custody and visitation and three hours of continuing education related to substantive law and procedure in family court. The courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization;
(5) a lay guardian ad litem must observe three contested custody merits hearings prior to serving as a guardian ad litem. If a case settles before the contested merits hearing concludes, the requirements of this section are met if the plaintiff concludes his case before settlement; and
(6) attorney guardians ad litem and lay guardians ad litem must complete annually the same type of continuing education courses and the same number of continuing education hours that initially qualified them to be a guardian ad litem.
(B) No person may be appointed as a guardian ad litem pursuant to Section 20-7-1533 if he has been convicted of or pled guilty or nolo contendere to a crime of moral turpitude, a crime classified as a felony pursuant to Chapter 1 of Title 16, criminal domestic violence, or the common law offense of assault and battery of a high and aggravated nature.
(C) No person may be appointed as a guardian ad litem pursuant to Section 20-7-1533 if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
(D) Upon appointment to a case, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications. The affidavit must include, but is not limited to, the following:
(1) a statement affirming that the guardian ad litem does not have a relationship with any party or any party's attorney pursuant to the requirements of Section 20-7-1548, or if the guardian ad litem does have a relationship with any party or any party's attorney, the guardian ad litem must provide a statement disclosing the nature, duration, and extent of the relationship pursuant to the requirements of Section 20-7-1548;
(2) a statement affirming that the guardian ad litem has completed the training requirements provided for in subsection (A);
(3) a statement affirming that the guardian ad litem has not been convicted of or pled guilty or nolo contendere to a crime of moral turpitude, a crime classified as a felony pursuant to Chapter 1 of Title 16, criminal domestic violence, or the common law offense of assault and battery of a high and aggravated nature; and
(4) a statement affirming that the guardian ad litem is not nor has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect pursuant to Section 20-7-650.
(E) The court may appoint an attorney for a lay guardian ad litem. A party or the guardian ad litem may petition the court by motion for the appointment of an attorney for the guardian ad litem. This appointment may be by consent order. The order appointing the attorney must set forth the reasons for the appointment and must establish a method for compensating the attorney.
Section 20-7-1540. The responsibilities and duties of a guardian ad litem are as follows:
(1) represent the best interest of the child;
(2) conduct an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family. An investigation must include, but is not limited to:
(i) reviewing relevant documents, except that a guardian ad litem must not be compensated for reviewing documents related solely to financial matters not relevant to the suitability of the parents as to custody or visitation;
(ii) meeting with and observing the child in the home setting on at least one occasion;
(iii) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;
(iv) reviewing the child's school records and medical records, if the guardian considers it necessary;
(v) obtaining the criminal history of each party and, when determined necessary by the guardian ad litem, obtaining the criminal history of a witness; and
(vi) considering the wishes of the child, if appropriate;
(3) advocate for the child's best interest by making specific and clear suggestions, when necessary, for evaluation, services, and treatment for the child and the child's family. Evaluations or other services suggested by the guardian ad litem must not be ordered by the court, except upon proper review by the court;
(4) attend all court hearings related to custody and visitation issues, except when attendance is excused by the court or the absence is stipulated by both parties. A guardian must not be compensated for attending a hearing related solely to a financial matter if the matter is not relevant to the suitability of the parents as to custody or visitation. The guardian must provide accurate, current information directly to the court. During a guardian's testimony, the guardian must not comment
(5) maintain a complete file, including notes. A guardian's notes are his work product, and are not subject to subpoena; and
(6) present to the court and all parties clear and comprehensive written reports including, but not limited to, a final written report regarding the child's best interest. The final written report may contain conclusions based upon the facts contained in the report. The final written report must be submitted to the court and all parties no later than thirty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing. The ten-day requirement for the submission of the final written report may only be waived by mutual consent of both parties. The final written report must not include a recommendation concerning which party should be awarded custody; nor may the guardian ad litem make a recommendation as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record. The guardian ad litem is subject to cross-examination on the facts and conclusions contained in the final written report. The final written report must include the names, addresses, and telephone numbers of those interviewed during the investigation.
Section 20-7-1543. A guardian ad litem must not mediate, attempt to mediate, or act as a mediator in a case to which he has been appointed unless the guardian has been trained and certified pursuant to the rules of the circuit court and family court as to arbitration and mediation promulgated by the South Carolina Supreme Court by order dated January 31, 1995.
Section 20-7-1545. (A) At the time of appointment of a guardian ad litem, the family court judge must set forth the method and rate of compensation for the guardian ad litem, including an initial authorization of a fee based on the facts of the case. The guardian ad litem must not charge the parties a fee exceeding the amount authorized by the judge at the time of appointment. If the guardian ad litem determines that it is necessary to exceed the fee initially authorized by the judge, the guardian must provide notice to both parties and obtain the judge's written authorization to charge more than the initially authorized fee.
(B) A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In
(1) the complexity of the issues before the court;
(2) the contentiousness of the litigation;
(3) the time expended by the guardian;
(4) the expenses reasonably incurred by the guardian;
(5) the financial ability of each party to pay fees and costs; and
(6) any other factors the court considers necessary.
(C) The guardian ad litem must submit a monthly, itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys.
(D) At any time during the action, a party may petition the court to review the reasonableness of the fees and costs submitted by the guardian ad litem or the attorney for the guardian ad litem.
Section 20-7-1548. A guardian ad litem appointed pursuant to Section 20-7-1533 must, upon notice of the appointment, provide written disclosure to each party of the nature, duration, and extent of any relationship the guardian or any member of the guardian's immediate family residing in the guardian's household has with all parties and their attorneys in the case. The guardian must disclose any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse.
Section 20-7-1550. A guardian ad litem may be removed from a case at the discretion of the court for good cause shown. 'Good cause' includes, but is not limited to, the failure to disclose to the parties any relationship the guardian or any member of the guardian's immediate family residing in the guardian's household has with all parties and attorneys in the case."
SECTION ___. The provisions relating to guardians ad litem take effect six months after the Governor's signature and apply to a guardian ad litem appointed in a custody case on or after the effective date./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (GJK\21379SD02), which was adopted:
Amend the bill, as and if amended, in Section 59-101-290 of the 1976 Code, as contained in SECTION 1, by inserting / and Hepatitis B /on line 30 after / disease / and by inserting / and Hepatitis B / on line 33 after / disease /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator FAIR proposed the following amendment (NBD\11754AC02), which was adopted:
Amend the bill, as and if amended, Section 59-101-290 by adding an appropriately lettered subsection to read:
/( ) A private institution of higher learning may elect to be governed by this section and at any time may, in its sole discretion, remove itself from such governance./
Renumber sections to conform.
Amend title to conform.
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. 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.
Senator THOMAS objected.
H. 4763 (Word version) -- Rep. Snow: A JOINT RESOLUTION EXTENDING THE PAYMENT DUE DATE OF THE 2001 REAL PROPERTY TAXES IN WILLIAMSBURG COUNTY FROM JANUARY 31, 2002, TO FEBRUARY 28, 2002, AS A RESULT OF A COMPUTER MALFUNCTION.
On motion of Senator McGILL, the Joint Resolution was committed to the Williamsburg County Legislative Delegation.
The following Bills were carried over:
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
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.
H. 4981 (Word version) -- Reps. Lourie and J.E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
Senator RITCHIE explained the Bill.
On motion of Senator KNOTTS, with unanimous consent, the Bill was carried over.
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (H-4771amendment), which was adopted:
Amend the bill, as and if amended, page 2, Section 40-3-20, by adding after line 3 a new subsection to read:
/(10) 'Retired from active practice' means not engaging or offering to engage in the practice of architecture as defined in this section./
Amend further, page 3, Section 40-3-255, by striking lines 12-22 and inserting:
/Section 40-3-255. (A) The department, at the board's request, may allocate up to ten dollars of each renewal fee to the South Carolina Architecture Education and Research Fund, which must be established as a separate and distinct account and used exclusively for:
(1) advancement of education and research for the benefit of individuals and firms licensed under this chapter and for architectural interns;
(2) analysis and evaluation of factors which affect the architecture profession in this State; and
(3) dissemination of the results of the research.
(B) The board shall submit to the chairmen of the House and Senate Labor, Commerce and Industry committees by August first of each year a report on how the funds were expended for the preceding fiscal year./
Renumber sections to conform.
Amend title to conform
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 5 (4879R004.SHR) proposed by Senator RICHARDSON and previously printed in the Journal of Thursday, April 25, 2002.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 11:00 A.M. tomorrow.
H. 4416 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meahcam-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato,
Senator McCONNELL asked unanimous consent that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading, with the Bill remaining in the status of Adjourned Debate.
There was no objection and the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, with the Bill remaining in the status of Adjourned Debate.
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING
Senator MARTIN moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Patterson Pinckney Setzler Short
Not having received the necessary vote, the motion to make the Bill a Special Order failed.
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)
Senator MOORE moved that the Bill be made a Special Order.
The Bill was made a Special Order.
At 1:09 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M. tomorrow.
There was no objection and a message was sent to the House accordingly.
Having received a favorable report from the Horry County Delegation, the following appointment was confirmed in open session:
Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 2002, and to expire March 15, 2004
Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Elizabeth "Lib" Cunningham Walker of Greenville, S. C.
At 1:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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