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 Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as a change of pace, we bring to you from the United Methodist Book of Worship, a devotional thought:
A VISION OF HOPE.
We pray that someday an arrow will be broken not in something or someone, but by each of humankind, to indicate peace, not violence.
Someday, oneness with creation, rather than domination over creation, will be the goal to be respected.
Someday fearlessness to love and make a difference will be experienced by all people.
Then the eagle will carry our prayer for peace and love, and the people of the red, white, yellow, brown, and black communities can sit in the same circle together to communicate in love and experience the presence of the GREAT MYSTERY in their midst.
Someday can be today for you and me. So let it be!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
James E. Hudson, 6 Highview Drive, Greenville, S.C. 29609 VICE Ettaphine P. James-Reid
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Harold L. Grimsley, 602 Avon Drive, Taylors, S.C. 29687
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609
Initial Appointment, Greenville County Board of Voter Registration, with term to commence May 15, 2002, and to expire March 15, 2004
At-Large
Jeffery A. Phillips, 205 Rockmont Drive, Greenville, S.C. 29605 VICE Sam Gault
Senator LEATHERMAN introduced Dr. Thomas Stoughton of Florence, S.C., Doctor of the Day.
Senator McCONNELL rose for an Expression of Personal Interest.
Senator McCONNELL asked unanimous consent to make a motion that it be the Sense of the Senate that for the remainder of the session the Senate adhere to a policy whereby any Senate Bills having been returned from the House with amendments, after review by the President Pro Tempore and the Minority and Majority Leaders, if the Bill is found to contain nongermane matters, the Bill would be committed to the appropriate standing committee.
There was no objection and the Sense of the Senate motion was adopted.
H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.
There was no objection.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
H. 4327 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41 BYPASS, WHICH CREATES PART OF THE BOUNDARY OF WILLIAMSBURG AND GEORGETOWN COUNTIES, BETWEEN SOUTH CAROLINA HIGHWAY 41 AND HORSEPEN CREEK, "SIMPSON PRICE ROAD" AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1304 (Word version) -- Senator Thomas: A SENATE RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE NANCE FOR HER HARD WORK AND DEDICATION THAT HAVE MADE HER A ROLE MODEL FOR YOUNG MEN AND WOMEN ACROSS OUR STATE AND RECOGNIZE HER OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.
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Senator THOMAS spoke on the Resolution.
The Senate Resolution was adopted.
S. 1305 (Word version) -- Senator Leatherman: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE
The Senate Resolution was adopted.
S. 1306 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 9, IN-CAR CAMERA VIDEOTAPING EQUIPMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.
S. 1307 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO COMMEND GERALD ROBINSON, PH.D., OF NINETY-SIX, FOR HIS OUTSTANDING CAREER AND SERVICE IN THE FIELD OF EDUCATION, TO CONGRATULATE HIM FOR HIS SUCCESSES AND ACHIEVEMENTS OVER MANY YEARS AS SUPERINTENDENT OF GREENWOOD SCHOOL DISTRICT 52, AND TO WISH HIM AND HIS FAMILY EVERY SUCCESS IN THE FUTURE ON THE OCCASION OF HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 4957 (Word version) -- Rep. Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO REQUIRE THAT THE OFFICIAL FLAG OF THE NATIONAL LEAGUE OF FAMILIES OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA BE FLOWN ATOP THE DOME OF THE STATE HOUSE AND ON THE GROUNDS OF OR ATOP ALL SOUTH CAROLINA STATE WELCOME CENTERS AND STATE OFFICE BUILDINGS ON CERTAIN DAYS.
Read the first time and referred to the Committee on Finance.
H. 5318 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown,
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Transportation polled out H. 4429 favorable:
H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE
AYES
Ryberg Leatherman McGill Rankin Grooms Richardson Hawkins Drummond Land Leventis Elliott Short Bauer Ritchie Verdin Ravenel
Pinckney
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
H. 4481 (Word version) -- Reps. Keegan, Neilson and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-395 SO AS TO PROVIDE THAT WHEN ANY PERSON IS ACTIVATED FOR FULL-TIME MILITARY SERVICE DURING A TIME OF NATIONAL CRISIS AND THEREFORE IS REQUIRED TO CEASE ATTENDING A PUBLIC INSTITUTION OF HIGHER LEARNING WITHOUT COMPLETING AND RECEIVING A GRADE IN ONE OR MORE COURSES, THE TUITION AND FEES PAID BY THAT STUDENT TO THE INSTITUTION FOR THE SEMESTER OR QUARTER IS REQUIRED TO BE REFUNDED TO THE STUDENT, TO PROVIDE FOR PROPORTIONATE REFUNDS OF ROOM AND BOARD AND OTHER FEES, AND TO PROVIDE FOR OTHER DESIGNATED ASSISTANCE, INCLUDING FREE TUITION WITHIN A PERIOD OF TWO YEARS FOLLOWING DEACTIVATION TO COMPLETE THESE COURSES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation polled out H. 4641 favorable:
H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE
AYES
Ryberg Leatherman McGill Rankin Grooms Richardson Hawkins Drummond Land Leventis Elliott Short Bauer Ritchie Verdin Ravenel
Pinckney
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation polled out H. 5021 favorable:
H. 5021 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
AYES
Ryberg Leatherman McGill
Rankin Grooms Richardson Hawkins Drummond Land Leventis Elliott Short Bauer Ritchie Verdin Ravenel
Pinckney
Ordered for consideration tomorrow.
Columbia, S.C., May 23, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Harrison, F. N. Smith and Taylor to the Committee of Conference on the part of the House on:
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.
Columbia, S.C., May 23, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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.
Very respectfully,
Speaker of the House
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.
On motion of Senator THOMAS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator THOMAS spoke on the report.
On motion of Senator THOMAS, the Report of the Committee of Conference to S. 131 was adopted as follows:
The General Assembly, Columbia, S.C., May 22, 2002
The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that the fourth paragraph, Section 16, in Article X of the Constitution of this State shall be amended to read: "Notwithstanding the provisions of Section 11 of this article, the funds of the various state-operated retirement systems may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934 or any successor act or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. Upon the enactment of the implementing legislation required by this paragraph, there is established the State Retirement Systems Investment Panel. The panel shall consist of five members, one each appointed by the Governor, the State Treasurer, the Comptroller General, and the chairmen of the respective committees of the Senate and House of Representatives
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the equity securities investments allowed for funds of the various state-operated retirement systems be amended so as to delete the restrictions limiting investments in equity securities to those of American-based corporations registered on an American national exchange as provided in the Securities Exchange Act of 1934 or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 11, Article X of the Constitution of this State be amended by adding at the end:
"Notwithstanding any other provision of this section, a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service may invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act, or in equity securities quoted through the
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 11, Article X of the Constitution of this State relating to restrictions on pledging the credit of the State or its political subdivisions for a private purpose and the restrictions on the State or its political subdivisions from becoming a joint owner or stockholder of a business be amended so as to allow a municipality, county, special purpose district, or public service district of this State which provides firefighting service and which administers a separate pension plan for its employees performing this service to invest and reinvest the funds in this pension plan in equity securities traded on a national securities exchange as provided in the Securities Exchange Act of 1934 or a successor act or in equity securities quoted through the National Association of Securities Dealers Automatic Quotations System or similar service?
No []
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to read.
/ 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; AND PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO RESTRICTIONS ON THE PLEDGING OF THE CREDIT OF THE
/s/ Nikki G. Setzler /s/Daniel T. Cooper /s/ David L. Thomas /s/Herb Kirsh /s/ W. Greg Ryberg /s/Rex F. Rice On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
I have vigorously expressed my dissatisfaction with S. 131 which allows for investment into foreign markets by the South Carolina Retirement Fund. When the Constitution was changed to allow investments into the U.S. stock market, the safeguard was that only companies on a U.S. national exchange were eligible. However, if this constitutional provision is approved, non-nationally rated foreign companies and U.S. companies will be eligible. I believe this will create the potential for abuse.
My amendment in the Senate would have corrected such potential and I was unable to convince the conferees of the potential danger. Hence, I was outvoted 5 to 1 to pass the Bill.
Columbia, S.C., May 23, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
Received as information.
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
On motion of Senator PEELER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator PEELER spoke on the report.
On motion of Senator PEELER, the Report of the Committee of Conference to S. 966 was adopted as follows:
The General Assembly, Columbia, S.C., May 22, 2002
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: ( Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-133-30(16) of the 1976 Code is amended to read:
"(16) appoint an executive committee not exceeding five members of the board who have which has the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;"
SECTION 2. Section 59-133-40 of the 1976 Code is amended to read:
"Section 59-133-40. The board shall meet in Florence not less than four times each year, the time and place to be fixed by the chairman or as the board provides. The chairman shall preside and, in his absence, a member shall preside as the board may select. The chairman or a majority of the members has the power to call a special meeting and fix the time and place of the meeting. A majority of the members constitutes a quorum for the transaction of all business of the board. A majority vote of the whole board is required for the election or removal of the president. The president, other officers, and faculty members shall attend meetings of the board when requested to do so.
Notice of the time and place of all meetings of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Harvey S. Peeler, Jr. /s/Harry C. Stille /s/John Y. McGill /s/Byron K. Webb /s/Thomas C. Alexander /s/Vida O. Miller On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 22, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4386 (Word version) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: A BILL TO AMEND SECTION 12-37-252, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION ALLOWED PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE AND OLDER OR PERMANENTLY AND TOTALLY DISABLED, OR LEGALLY
Received as information.
Columbia, S.C., May 22, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Received as information.
Columbia, S.C., May 22, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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 PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING
On motion of Senator MARTIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MARTIN spoke on the report.
On motion of Senator MARTIN, the Report of the Committee of Conference to H. 3142 was adopted as follows:
The General Assembly, Columbia, S.C., May 22, 2002
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 41-7-75. (A) The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.
(B) Upon the filing of a complaint with the department, the director or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.
(C) After a complaint has been filed, if the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."
SECTION 2. The 1976 Code is amended by adding:
"Section 41-7-100. (A) A person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.
(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.
(C) A person aggrieved by a final action of the department may appeal the decision to the Administrative Law Judge Division in accordance with the Administrative Procedures Act and the rules of the Administrative Law Judge Division. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process."
SECTION 3. Section 41-7-30 of the 1976 Code is amended to read:
"Section 41-7-30. (A) It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:
(1) To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;
(2) To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or
(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.
(B) It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.
(C) It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."
SECTION 4. Section 41-7-40 of the 1976 Code is amended to read:
"Section 41-7-40. Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall must not be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK", TO REQUIRE THE DIRECTOR TO COOPERATE WITH AN EMPLOYEE IN THE INVESTIGATION AND ENFORCEMENT OF CLAIMS, TO AUTHORIZE THE DIRECTOR TO ENTER A PLACE OF EMPLOYMENT TO EVALUATE COMPLIANCE, TO PROHIBIT OBSTRUCTING THE DIRECTOR IN CARRYING OUT HIS DUTIES AND TO PROVIDE PENALTIES; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED, AND TO AUTHORIZE AN APPEAL TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM A FINAL ACTION OF THE DEPARTMENT; TO AMEND SECTION 41-7-30, RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT, SO AS TO ALSO PROHIBIT A PERSON OR A LABOR ORGANIZATION FROM PARTICIPATING IN AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A PERSON OR LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40, RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES IF AN EMPLOYEE ENTERS A ONE YEAR IRREVOCABLE WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO REVOKE THE AGREEMENT AFTER ONE YEAR; AND TO AMEND SECTION 41-7-90, RELATING TO REMEDIES FOR VIOLATIONS OF THIS CHAPTER THAT ADVERSELY AFFECT A PERSON'S RIGHTS UNDER THIS CHAPTER, SO AS
/s/ Larry A. Martin /s/Harry F. Cato /s/ Thomas C. Alexander /s/James N. Law Clementa C. Pinckney /s/Brenda Lee On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 4878--Ways and Means Committee: GENERAL APPROPRIATION BILL (ABBREVIATED TITLE)
On motion of Senator LEATHERMAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LEATHERMAN explained the Report of the Committee of Conference.
On motion of Senator LEATHERMAN, the Report of the Committee of Conference to H. 4878 was adopted and incorporated by reference in the following document (P:\amend\BBM\9197SD02).
, and a message was sent to the House accordingly.
Senator RYBERG desired to be recorded as voting against the adoption of the Report of the Committee of Conference on H. 4878.
The citizens of Barnwell County have expressed to me their grave concern over the General Assembly's action contained in this Appropriation Bill which takes money from the extended care maintenance fund. As their representative in the South Carolina Senate, I have voiced their objections to this depletion of a trust account intended to pay for long-term monitoring and maintenance
I am, however, pleased that my colleagues have at least recognized that this fund needs to be replenished. Senators RYBERG, LEVENTIS and RICHARDSON joined me in sponsoring an attempt to bind the State to a repayment schedule that would have made the account whole in the next three fiscal years. We were unsuccessful in having this repayment schedule adopted. However, the General Assembly has adopted the following proviso in the budget committing to a repayment schedule of five million dollars per year:
72.106. (GP: Restore Barnwell Funding) It is the intent of the General Assembly that beginning in Fiscal Year 2003-04 the General Assembly shall begin to restore funding to the Extended Care Maintenance Fund as defined in Section 13-7-10 by appropriating $5,000,000 each year until such time as the amount in the fund is restored to the FY 2000-01 level, plus interest. If at any time the Extended Care Maintenance Fund is insufficient due to a reduction in funding in the Fiscal Year 2001-2002 and/or 2002-2003 appropriation bill to cover the costs of the uses of the fund, the State shall be solely and exclusively responsible for repaying an amount to restore funding to the Extended Care Maintenance Fund.
On behalf of the citizens of Barnwell, I will continue to monitor this commitment. The General Assembly has made a pledge to the citizens of Barnwell that absolutely must be kept.
Columbia, S.C., May 23, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4878--Ways and Means Committee: GENERAL APPROPRIATION BILL (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
H. 4878--Ways and Means Committee: GENERAL APPROPRIATION BILL (ABBREVIATED TITLE)
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
At 1:17 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 a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
S. 1195 (Word version) -- Senator Martin: A BILL TO ENACT THE "SCHOOL DISTRICT OF PICKENS COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF THE ONE PERCENT SALES AND USE TAX WITHIN PICKENS COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.
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 MARTIN proposed the following amendment (1195R001.LAM), which was adopted:
Amend the bill, as and if amended, page 3, line 9, by adding after the word / election / and before the / . / the following:
/ if called for in an even-numbered year, and on the first Tuesday following the first Monday in November if called for in an odd-numbered year /
Amend the bill further, as and if amended, page 5, by deleting lines 35-42 in their entirety.
Amend the bill further, as and if amended, page 6, by deleting lines 1-2 in their entirety.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the House amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House of Representatives with amendments.
S. 1133 (Word version) -- Senator Moore: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
The House returned the Joint Resolution with amendments.
On motion of Senator MESCHER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 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.
Returned with concurrence.
Received as information.
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 HEALTH AND HAPPINESS UPON HIS RETIREMENT AS PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY.
Returned with concurrence.
Received as information.
S. 1196 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.
Returned with concurrence.
Received as information.
S. 1212 (Word version) -- Senators Pinckney and Richardson: A CONCURRENT RESOLUTION REQUESTING THE STATE DEPARTMENT OF EDUCATION TO ISSUE CORRECTED DIPLOMAS AND TO CHANGE RELATED RECORDS FOR THE 1949 AND 1950 GRADUATES OF PENN SCHOOL OF ST. HELENA ISLAND SO AS TO REFLECT THE NAME OF THE FACILITY THEY ATTENDED AND FROM WHICH THEY GRADUATED AS "PENN HIGH SCHOOL".
Returned with concurrence.
Received as information.
S. 1255 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 121 WHICH BEGINS AT THE EDGEFIELD-SALUDA COUNTY LINE AND ENDS AT THE NEWBERRY-SALUDA COUNTY LINE THE "VETERANS MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION
Returned with concurrence.
Received as information.
S. 1264 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 23 IN SALUDA COUNTY THAT IS ONE MILE NORTH OF MONETTA, SOUTH CAROLINA, AND WHICH IS ACROSS FROM THE WATSON PACKING SHED, IN MEMORY OF DEPUTY SHERIFF ALLEN "PETE" MYERS OF SALUDA, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 5196 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.
By prior motion of Senator DRUMMOND
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1247 (Word version) -- Senator Grooms: A BILL TO DEVOLVE THE AUTHORITY TO MAKE APPOINTMENTS OR RECOMMENDATIONS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY COLLETON COUNTY WHICH ARE MADE BY OR UPON RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF COLLETON COUNTY TO THE GOVERNING BODY OF COLLETON COUNTY.
By prior motion of Senator GROOMS
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
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
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (BBM\ 9204ZW02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 8-21-310 of the 1976 Code is amended to read:
"Section 8-21-310. Except as otherwise expressly provided, the following fees and costs must be collected on a uniform basis in each county by clerks of court and registers of deeds or county treasurers as may be determined by the governing body of the county:
(1) for recording a deed to or a mortgage on real estate, ten fifteen dollars; and an additional one dollar a page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional;
(2) for recording a chattel mortgage, conditional sale contract, lease or contract of sale of personal property, and any other document required to be recorded under the Uniform Commercial Code (Title 36), the fees provided in Title 36;
(3) for recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, six twelve dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, six twelve dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to in the instrument and an additional one dollar for each page for any instrument exceeding one page;
(4) for recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not otherwise provided for in this section, ten fifteen dollars, and an additional one dollar a page for a document containing more than four pages;
(5) for recording satisfaction on the record of a mortgage of real estate or a chattel mortgage or other recorded lien, and certifying the entry on the original or a copy, five ten dollars;
(6) for recording separate probates, affidavits, or certificates which are not part of or attached to another document to be recorded, five ten dollars;
(7) for recording a plat larger than eight and one-half by fourteen inches, ten fifteen dollars; for plats of 'legal size' dimensions, or smaller, five ten dollars;
(8) for recording decree of foreclosure or partition of real property in mortgage book or deed book, the same fee as for recording deed or mortgage of real estate;
(9) for recording any other paper affecting title or possession of real estate or personal property and required by law to be recorded, except judicial records, ten fifteen dollars, and an additional one dollar a page for a document containing more than four pages;
(10) for filing power of attorney, trustee qualification, or other appointment, ten fifteen dollars, and an additional one dollar a page for a document containing more than four pages;
(11)(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, seventy one hundred dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment.
(b) for filing, recording, and indexing Lis Pendens when not accompanied by summons and complaint, five ten dollars;
(c) for receiving and enrolling transcripts of judgment from magistrates' courts and federal district courts, five ten dollars;
(d) for filing and enrolling a judgment by confession, five ten dollars;
(12) no fee may be charged to a defendant or respondent for filing an answer, return, or other papers in any civil action or proceeding, in a court of record;
(13) for taking and filing an order for bail with or without bond, one dollar; with bond when surety must be justified, five ten dollars;
(14) for taking and filing bond or security costs, one dollar; with bond when surety must be justified, five ten dollars;
(15) for filing or recording any commission of notary public or other public office, license or permit to practice any profession or trade, notice of formation or dissolution of any partnership, two five dollars;
(16) for filing the charter of any public or private corporation or association required by law to be recorded, ten dollars, and an additional one dollar a page for any such document containing more than four pages;
(17) for issuing an official certificate under seal of court not otherwise specified in this section, one dollar;
(18) for holding a hearing for condemnation proceedings, twenty-five dollars a day;
(19) for filing notice of discharge in bankruptcy, ten fifteen dollars;
(20) for filing and enrolling and satisfaction of South Carolina and United States Government tax liens:
(a) for filing and enrolling and satisfying executions or warrants for distraint for the South Carolina Employment Security Commission, the South Carolina Department of Revenue, or any other state agency, where costs of the executions or warrants for distraint are chargeable to the persons against whom such executions or warrants for distraint are issued, five ten dollars;
(b) for filing and enrolling and satisfying any tax lien of any agency of the United States Government, where the costs of the executions are chargeable to the persons against whom such executions are issued, five ten dollars.
(21) for filing and processing an order for the Destruction of Arrest Records, thirty-five dollars, which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program.
(22) for filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, fifty-five one hundred dollars.
The clerk shall mark satisfied upon receipt of the fees provided in this item any tax lien or warrant for distraint issued by any agency of this State or of the United States upon receipt of a certificate duly
B. The 1976 Code is amended by adding:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court a fee of twenty-five dollars. The fee must accompany each motion filed. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters and motions filed by indigent persons. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate Judicial Department Support Fund for the exclusive use of the Judicial Department. The Supreme Court may waive the filing fee imposed by imposed by this section upon a proper showing of indigency."
C. The 1976 Code is amended by adding:
"Section 14-1-203. The revenue from the fee set in Section 20-7-1440(C) must be remitted to the county in which the proceeding is instituted. Forty-four percent of the revenues must be remitted monthly by the fifteenth day of each month to the State Treasurer on forms in a manner prescribed by him. When payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The forty-four percent remitted to the State Treasurer must be deposited as follows:
(1) 43.76 percent to the general fund;
(2) 10.04 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 6.20 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and
(4) 40.00 percent to the South Carolina Judicial Department."
D. Section 14-1-204 of the 1976 Code is amended to read:
"Section 14-1-204. The seventy one hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.
The fifty-six percent of the seventy one hundred dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:
(1) 45.03 31.52 percent to the state general fund;
(2) 10.33 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 6.38 4.47 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; and
(4) 38.26 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then shall distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and
(5) 30.00 percent to the South Carolina Judicial Department."
E. Section 20-7-1440(C) of the 1976 Code is amended to read:
"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of three five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203."
F. Section 36-9-525(a) of the 1976 Code, as added by Act 67 of 2001, is further amended to read:
"(a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:
(1) eight dollars if the record is communicated in writing and consists of one or two pages;
(2) ten dollars if the record is communicated in writing and consists of more than two pages; and
(3) ten dollars if the record is communicated by another medium authorized by filing-office rule
two dollars for the first page and one dollar for each additional page."
G. Section 38-53-70 of the 1976 Code is amended to read:
"Section 38-53-70. If a defendant fails to appear at a court proceeding to which he has been summoned, the court must shall issue
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator WALDREP proposed the following amendment (JUD3756.003), which was adopted:
Amend the bill, as and if amended, page 6, after line 26, by adding appropriately numbered new SECTIONS to read:
/ SECTION ____. Section 20-7-510 of the 1976 Code, as amended by Act 81 of 2001, is further amended by adding appropriately numbered new subsections to read:
"( ) When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of the report. In determining whether previous reports have been made, the department must determine whether there are any suspected, indicated, or unfounded reports maintained pursuant to Section 20-7-650 regarding the same child or the same subject of the report.
( ) If the department does not conduct an investigation as a result of information received pursuant to this section, the department must make a record of the information and must classify the record as a Category III unfounded report in accordance with Section 20-7-650. The department and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report."
SECTION ____. Section 20-7-650 of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:
"Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the report may be classified as unfounded Category II and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall must make a finding within forty-five days after the investigation is reopened.
This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or
(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations, and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall must provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into in a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(F) Reports of child abuse and neglect must be classified in the department's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as set forth in subsection (H). All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than sixty days after the report was received by the department. By the end of the sixty-day time period, suspected reports must be classified as either unfounded or indicated pursuant to the agency's investigation.
(G)(1) Indicated findings must be based upon a finding of the facts available to the department that abuse or neglect is supported by there
(2) If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to 'unfounded' and subsection (J) applies.
(3) If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. However, the department's data system and records must be amended so that they do not identify the person as a perpetrator of abuse or neglect. The department must grant access to the entire record, including information identifying the person as a perpetrator of abuse or neglect, if requested by any of the parties listed in items (1) through (8) of subsection (J) of this section.
(G)(H) All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.
(1) Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services the investigation did not produce a preponderance of the evidence that the child is an abused or neglected child.
(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough evidence to constitute a preponderance of evidence. This category does not include cases in which the family had other problems that are not within the definition of abuse and neglect in Section 20-7-490.
(3)(2) Category III II unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.
(3) Category III unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department.
(H) Reports of child abuse and neglect must be entered immediately into the department's centralized data system in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be considered suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".
(1) Indicated reports must be accompanied by a description of services being provided as required under subsection (F).
(2) Affirmative determinations must be accompanied by a description of services being provided the child and those responsible for his welfare and relevant dispositional information.
(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law enforcement agencies in relation to child abuse and neglect investigations or proceedings involving the subject of the report or the same child. The department may not use the information in records or
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930;
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date that the report was determined to be unfounded. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(I) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded.
(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of "affirmative determination". The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons named in affirmative determinations of child abuse or neglect maintained in agency files must be destroyed seven years from the date services are terminated. Information concerning reports classified as
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category II unfounded report pursuant to subsection (C) of this section;
(4) as evidence in a court proceeding, if otherwise admissible under the rules of evidence;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsections (G) and (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.
Upon a determination that more likely than not, a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department from maintaining an "indicated report" which contains identifying information on the child who is the subject of the indicated report and those responsible for his welfare without identifying a subject of the report or providing child protective services to the child who is the
(K)(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person be entered in the Central Registry of Child Abuse and Neglect if it the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;
(2) may order that the person be entered in the Central Registry if it the court finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(L)(M) The At the probable cause hearing, the court may order at the probable cause hearing that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(M)(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department shall must serve a copy of the petition and summary on the person named as perpetrator. The petition shall must include a statement that the judge shall must rule based on the facts stated in the petition unless the clerk of court or the clerk's designee receives a written request for a hearing from the person named as perpetrator within five days after service of the petition. The name, address, and telephone number of the clerk of
(N)(O) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
(O)(P) The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(P)(Q) In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(Q)(R) The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used;
(7) the possible outcomes of the investigation; and
(8) the telephone number and name of a department employee available to answer questions.
(R)(S) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide to the department copies of incident reports generated in any case reported to law enforcement by the department and in any case in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under this section and must record the disposition of charges.
(S)(T) The department actively must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(T)(U) The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.
(U)(V) The In all instances, the agency in all instances must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION ____. Section 20-7-655 of the 1976 Code is amended to read:
"Section 20-7-655. (A) The Department of Social Services shall must provide a child protective services appeals process for review of indicated reports not otherwise being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision.
(B) The state director shall must appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the department in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse.
(C) When the department determines that an appeal hearing is needed necessary pursuant to Section 20-7-690(J), it shall the department must provide notice of the availability of the hearing to the potential appellant by certified mail. The notice must inform the person of the right to appeal the case determination and the date and time of the appeal hearing. The notice must also advise the appellant of his rights as provided in the department's fair hearing regulations.
(D) If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before the family court for disposition, the department must provide notice of the case decision to the subject of the report by certified mail. The notice must inform the subject of the report of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency of his intent in writing within thirty days of receipt of the notice. If the subject of the report does not notify the department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the subject and the case decision becomes the affirmative determination.
(E) Within fourteen days after receipt of a notice of intent to appeal, an interim review of case documentation and the case determination must be conducted by an appropriate official of the department designated by the director. The interim review may not delay the scheduling of the appeals hearing.
(F) The child protective services appeals committee shall must determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report abused or neglected the child. If the appeals committee affirms the case
(G) Proceedings for judicial review may be instituted by filing a petition in the family court within thirty days after the final decision of the department. Copies of the petition must be served upon the department and all parties of record. Judicial review must be conducted by the family court in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by a preponderance of evidence the subject of the report abused or neglected the child. The appellant is not entitled to a trial de novo in the family court.
(H) Upon a determination by the interim review, the appeals committee or the court that there is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files and from the Central Registry of Child Abuse and Neglect. This subsection does not prohibit the department or the registry from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a subject of the report, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(I)(H) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services must receive all notices and the case documentation review."
SECTION ____. Section 20-7-680 of the 1976 Code is amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the department must maintain one or more statewide data systems concerning cases reported to it pursuant to this article.
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services shall must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The name, address, birth date, identifying characteristics, and other information of a person named in a report must be removed from department records and the central registry immediately upon a determination by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I). The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.
(E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in the registry or department records other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise specifically authorized by statute. Information in records of the department other than the Central Registry of Child Abuse and Neglect
SECTION ____. The provisions of this act amending Sections 20-7-510, 20-7-650, 20-7-655, and 20-7-680 take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4337 (Word version) -- Reps. Campsen, Chellis, Barfield, Harrell and Easterday: A BILL TO AMEND SECTION 12-6-3910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUE DATES FOR QUARTERLY PAYMENTS OF ESTIMATED STATE INCOME TAX BY ENACTING THE "SOUTH CAROLINA ESTIMATED INCOME TAX PAYMENT REFORM ACT", SO AS TO CHANGE THE DUE DATE FOR THE FIRST CORPORATE INCOME TAX ESTIMATED PAYMENT FROM MARCH 15 TO APRIL 15.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HAYES proposed the following amendment (BBM\ 9168HTC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-6-3535(A) of the 1976 Code, as added by an act of 2002 bearing ratification number 270, is amended to read:
"(A) A taxpayer who is allowed a federal income tax credit under Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against the tax imposed by this chapter or Chapter 11 of this title. For the purposes of this section, 'taxpayer', 'qualified rehabilitation expenditures', and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable treasury regulations. The amount of the credit is ten percent of the expenditures that qualify for the federal credit. To claim the credit allowed by this subsection, the taxpayer must attach to the return a copy of the section of the federal income tax return showing the credit claimed, along with any other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection." /
B. Notwithstanding the general effective date provided in this act, this section is effective as provided in Section 3 of an act of 2002 bearing ratification number 270. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following amendment (BBM\ 9165HTC02), which was adopted:
Amend the bill, as and if amended, in Section 12-6-3910, as contained in SECTION 1B, page 2, by striking subsection (D) on lines 22 through 24 and inserting:
/ (D) For corporate taxpayers, estimated tax payments will be deemed to apply first to income taxes and then apply to license fees." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (HUTTO-4337), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(a) medicine and prosthetic devices sold by prescription, prescription medicines used in the treatment of respiratory syncytial virus (RSV), prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples." /
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, passed and ordered returned to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (SWB\ 5430DJC02), which was adopted:
Amend the bill, as and if amended, by adding a new Section appropriately numbered to read:
/SECTION __. Title 59 of the 1976 is amended by adding:
South Carolina Campus Sex Crimes Prevention Act
Section 59-106-10. This act is known and may be cited as the 'South Carolina Campus Sex Crimes Prevention Act'.
Section 59-106-20. Each institution of higher education must include a statement in their annual security report which advises the campus community where law enforcement information concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address. For purposes of this chapter, the annual security report means the report published pursuant to Section 485 of the Higher Education Act of 1965 as amended (20 U.S.C. Section 1092(f)). This information must be included in reports beginning in 2003.
Section 59-106-30. For purposes of this chapter, 'institution of higher education' means any two-year or four-year college, community or junior college, technical school or university located in this State."/
Amend the bill further, as and if amended, by adding a new Section appropriately numbered to read:
/SECTION __. Section 23-3-460 of the 1976 Code, as last amended by Act 107 of 2001, is further amended to read:
"Section 23-3-460. Any person required to register under this article shall be required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's first last registration. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written
Any person required to register under this article and who is employed by, enrolled at, or carries on a vocation at an institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an institution of higher education in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, professional institution, or institution of higher education.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina must register within ten days of establishing residence in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following amendment (GGS\22615CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION ____. Section 16-3-510 of the 1976 Code, as added by Act 73 of 1987, is amended to read:
"Section 16-3-510. It is unlawful for any a person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to any a person for the purpose of initiation or admission into or affiliation with any a chartered or nonchartered student, fraternal, or sororal chartered organization. Fraternity, sorority, or other organization for purposes of this section means those chartered and nonchartered fraternities, sororities, or other organizations operating in connection with a school, college, or university, but shall not include fraternal organizations with a minimum age limit of twenty-one that do not operate in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational."
SECTION ____. The 1976 Code is amended by adding:
"Section 59-63-275. (A) For purposes of this section:
(1) 'Student' means a person enrolled in a public education institution.
(2) 'Superior student' means a student who has attended a state university, college, or other public education institution longer than another student or who has an official position giving authority over another student.
(3) 'Subordinate student' means a person who attends a public education institution who is not defined as a 'superior student' in item (2).
(4) 'Hazing' means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature.
(B) Hazing at all public education institutions is prohibited. When an investigation has disclosed substantial evidence that a student has committed an act or acts of hazing, the student may be dismissed, expelled, suspended, or punished as the principal considers appropriate.
(C) The provisions of this section are in addition to the provisions of Article 6, Chapter 3 of Title 16." /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS proposed the following amendment (JUD4981.002), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 3, in Section 44-53-365, as contained in SECTION 1, by striking subsection (B) and inserting therein the following:
/ (B) A person who knowingly and intentionally violates subsection (A):
(1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and
(2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both." /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
At 12:02 P.M., the PRESIDENT assumed the Chair.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 5106 (Word version) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Coleman, Freeman, Frye, Gilham, Gourdine, Govan, Harrell, Haskins, Hayes, M. Hines, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Koon, Leach, Lee, Lourie, Lucas, Mack, Martin, McGee, McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Perry, Quinn, Rhoad, Rodgers, Rutherford, Scott, Sheheen, Simrill, F.N. Smith, J.E. Smith,
H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators KNOTTS and PEELER proposed the following amendment (NBD\11804AC02), which was adopted:
Amend the bill, as and if amended, Section 44-56-200(C), page 1, on line 28 and on line 35 by deleting /Section 311(d)/ and inserting /Section 311/.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators LEATHERMAN and J. VERNE SMITH proposed the following amendment (4771R001.HKL), which was adopted:
Amend the bill, as and if amended, page 3, by striking SECTION 5 in its entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION _____. The Labor, Commerce, and Industry committees of the House of Representatives and the Senate shall conduct joint public hearings at various locations in the State relating to exceptions to the International Building Code and the Residential Building Code. These hearings must be completed before January 1, 2003. /
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, passed and ordered to a third reading with notice of general amendments.
Senator ALEXANDER asked unanimous consent to make a motion that the Bill be given a third reading on Friday, May 24, 2002.
Senator SETZLER objected.
H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MOORE proposed the following amendment (GGS\ 22614CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-19-420 of the 1976 Code is amended to read;
"Section 56-19-420. (A) The department shall charge five ten dollars for:
(1) the issuance of a certificate of title;
(2) the transfer of a certificate of title; or
(3) the issuance of a duplicate certificate of title.
(B) Five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed in the following manner:
(1) the first one million dollars must be allocated to the Department of Education and used to support adult education programs; and
(2) the remainder must be allocated to the Department of Public Safety and used to support highway patrol programs."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator ELLIOTT proposed the following amendment (3485R002.DE), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Article 22, Chapter 3, Title 56 of the 1976 Code is amended to read:
Special License Plates;
Members Of Municipal And County Councils, Coroners, Mayors,
and Members of the General Assembly Receiving Retirement Benefits
Section 56-3-2150. The department may issue special motor vehicle license plates to members of municipal and county councils, and to county coroners, mayors, and members of the General Assembly who are receiving retirement benefits of this State for private passenger motor vehicles owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to a councilman, or coroner, mayor, or member of the General Assembly who is receiving retirement benefits. The plate must be issued or revalidated biennially for the regular registration and licensing period.
Section 56-3-2160. The special plates must be of the same size as regular motor vehicle license plates, but must be of a distinctive design and bear those letters and numerals the department prescribes. The plates must be issued or revalidated biennially for the regular registration and licensing period." /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
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.
On motion of Senator LEATHERMAN, H. 5289 was ordered to receive a third reading on Friday, May 24, 2002.
S. 1303 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2683, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator WALDREP asked unanimous consent to make a motion that the Joint Resolution be given a third reading on Friday, May 24, 2002.
Senator SETZLER objected.
H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators HUTTO and GIESE proposed the following amendment (NBD\11768AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _ A. Section 40-33-10 of the 1976 Code is amended by adding appropriately lettered items at the end to read:
"( ) 'Attendant care services' means those basic and ancillary services that enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.
( ) 'Basic services' includes, but is not limited to:
(1) getting in and out of a bed, wheelchair, motor vehicle, or other device;
(2) assistance with routine bodily functions including, but not limited to, health maintenance activities, bathing and personal hygiene, dressing and grooming, and feeding, including preparation and cleanup.
( ) 'Ancillary services' means services ancillary to the basic services provided to an individual in need of in-home care who needs one or more of the basic services and includes:
(1) homemaker-type services including, but not limited to, shopping, laundry, cleaning, and seasonal chores;
(2) companion-type services including, but not limited to, transportation, letter writing, reading mail, and escorting; and
(3) assistance with cognitive tasks including, but not limited to, managing finances, planning activities, and making decisions.
( ) 'Health maintenance activities' include, but are not limited to, catheter irrigation, administration of medications, enemas and suppositories, and wound care, if these activities could be performed by the individual if the individual were physically capable.
( ) 'Individual in need of in-home care' means a functionally disabled individual in need of attendant care services because of impairment who requires assistance to complete functions of daily living, self-care, and mobility including, but not limited to, attendant care services."
B. Section 40-33-50 of the 1976 Code is amended to read:
"Section 40-33-50. No provision of this chapter shall may be construed to prohibit:
(1) As prohibiting gratuitous nursing by friends or members of the family;
(2) As prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter;
(3) As prohibiting nursing assistance in case of an emergency;
(4) As prohibiting the practice of nursing by students enrolled in approved schools of nursing or approved schools of practical nursing, nor by graduates of these schools pending the results of the first licensing examination taken by the graduate following graduation;
(5) As prohibiting the practice of nursing in this State by any a legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed six months in length, provided such a person does not represent or hold himself out as a nurse licensed to practice in this State;
(6) As prohibiting the practice of any a legally qualified nurse of another state who is employed by the United States Government or any a bureau, division or agency thereof, while in the discharge of his official duties;
(7) As prohibiting nursing care given to their maternity patients, in the performance of their duties, by lay midwives trained and supervised under the authority of the South Carolina Department of Health and Environmental Control, so long as such midwives confine such nursing care to maternity patients only and do not claim to be licensed practical nurses.;
(8) As prohibiting the practice of nursing by a licensed nurse of another state or country who is enrolled in a board-approved course of study or board-approved experimental project requiring nursing practice as a part of the educational program. ;
(9) a person not licensed under this chapter from providing attendant care services directed by or on behalf of an individual in need of in-home care;
(10) performance of an act which a person would normally perform if the person were physically and cognitively able."/
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3978 (Word version) -- Rep. Merrill: A BILL TO AMEND SECTION 44-93-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGULATION FOR GENERATORS OF LESS THAN FIFTY POUNDS OF INFECTIOUS WASTE, SO AS TO REQUIRE SHARPS TO BE MANAGED PURSUANT TO THE REQUIREMENTS OF CHAPTER 93 AND REGULATIONS PROMULGATED UNDER THAT CHAPTER.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PEELER proposed the following amendment (NBD\ 11805AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-66-20(6) of the 1976 Code is amended by adding at the end:
"If a patient unable to consent is being admitted to hospice care pursuant to a physician certification of a terminal illness required by Medicare, that certification meets the certification requirements of this item./
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 5048 (Word version) -- Reps. J.E. Smith, Harrison and Cobb-Hunter: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO PROVIDE THAT THE PRIEST AND PENITENT PRIVILEGE ONLY APPLIES WHEN THE COMMUNICATION IS MADE IN THE COURSE OF A SACRAMENTAL COMMUNICATION.
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 (JUD5048.005), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION . Section 16-17-490 of the 1976 Code is amended to read:
"It shall be is unlawful for any person over eighteen seventeen years of age to knowingly and wilfully encourage, aid, or cause or to do any act which shall cause or influence causes or influences a minor:
(1) To to violate any law or any municipal ordinance;
(2) To to become and be incorrigible or ungovernable or habitually disobedient and beyond the control of his or her parent, guardian, custodian, or other lawful authority;
(3) To to become and be habitually truant;
(4) To to without just cause and without the consent of his or her parent, guardian, or other custodian, repeatedly desert his or her home or place of abode;
(5) To to engage in any occupation which is in violation of law;
(6) To to associate with immoral or vicious persons;
(7) To to frequent any place the existence of which is in violation of law;
(8) To to habitually use obscene or profane language;
(9) To to beg or solicit alms in any public places under any pretense; and
(10) To to so deport himself or herself as to wilfully injure or endanger his or her morals or health or the morals or health of others.
Any person violating who violates the provisions of this section shall must, upon conviction, be fined not more than three thousand dollars or imprisoned for not more than three years, or both, in the discretion of the court.
This section is intended to be cumulative and shall must not be construed so as to defeat prosecutions under any other law which is applicable to unlawful acts embraced herein.
The provisions of this section shall do not apply to any school board of trustees promulgating rules and regulations as authorized by Section 59-19-90(3) which prescribe standards of conduct and behavior in the public schools of the district. Provided, however However, that any such rule or regulation which contravenes any portion of the provisions of this section shall must first require the consent of the parent or legal guardian of the minor or minors concerned."
SECTION ___. The 1976 Code is amended by adding:
"Section 17-23-175. (A) Unless otherwise admissible, an out-of-court statement made by a child victim to a third party is admissible in a general sessions court proceeding or a delinquency proceeding in a family court if the requirements of subsections (B), (C), and (D) are met.
(B) The out-of court statement must have been made by a child victim who was:
(1) under twelve years of age at the time the statement was made or who functioned cognitively, adaptively, or developmentally under the age of twelve at the time the statement was made; and
(2) the victim of:
(a) criminal sexual conduct in the first degree as defined in Sections 16-3-652 and 16-3-655;
(b) criminal sexual conduct in the second degree as defined in Sections 16-3-653 and 16-3-655;
(c) criminal sexual conduct in the third degree as defined in Section 16-3-654;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(e) committing or attempting a lewd act upon a child as defined in Section 16-15-140;
(f) knowingly disseminating obscene material to a minor twelve years of age or younger as defined in Section 16-15-355;
(g) first degree sexual exploitation of a minor as defined in Section 16-15-395;
(h) second degree sexual exploitation of a minor as defined in Section 16-15-405;
(i) third degree sexual exploitation of a minor as defined in Section 16-15-410;
(j) promoting prostitution of a minor as defined in Section 16-15-415;
(k) participating in the prostitution of a minor as defined in Section 16-15-425; or
(l) the common law offense of assault and battery of a high and aggravated nature.
(C) The out-of-court statement is admissible if the child testifies at the proceeding and the court finds, in a hearing conducted outside of the presence of the jury, that the time, content, and circumstances of the statement provide sufficient guarantees of trustworthiness. In determining whether an out-of-court statement provides sufficient guarantees of trustworthiness, the court may consider, but is not limited to, the following factors:
(1) the child's personal knowledge of the event;
(2) the age and maturity of the child;
(3) certainty that the statement was made, including the credibility of the person testifying about the statement;
(4) any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;
(5) whether more than one person heard the statement;
(6) whether the child was suffering pain or distress when making the statement;
(7) the nature and duration of any alleged abuse;
(8) whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;
(9) whether the statement has a ring of verity, has internal consistency or coherence, and uses terminology appropriate to the child's age;
(10) whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement; and
(11) any inculpatory statement of the defendant that corroborates the child's statement.
(D) The proponent of the statement must inform the adverse party of the proponent's intention to offer the statement at least thirty days prior to the proceeding at which it is to be offered. If a statement is made or discovered within thirty days of the proceeding, the proponent must inform the adverse party of the proponent's intention to offer the statement within forty-eight hours of when the proponent knows of the existence of the statement.
(E) The contents of a statement offered under this section are subject to discovery pursuant to Rule 5 of the Rules of Criminal Procedure.
(F) If the declarant is twelve years of age or older, the adverse party may challenge the determination that the child functions cognitively, adaptively, or developmentally under the age of twelve." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator WALDREP proposed the following amendment (JUD5048.006), which was adopted:
Amend the bill, as and if amended, page 2, after line 17, by adding appropriately numbered new SECTIONS to read:
/ SECTION . Section 20-7-510 of the 1976 Code, as amended by Act 81 of 2001, is further amended by adding appropriately numbered new subsections to read:
"( ) When a report is referred to the department for an investigation or other response, the department must determine whether previous reports have been made regarding the same child or the same subject of
( ) If the department does not conduct an investigation as a result of information received pursuant to this section, the department must make a record of the information and must classify the record as a Category III unfounded report in accordance with Section 20-7-650. The department and law enforcement are authorized to use information recorded pursuant to this subsection for purposes of assessing risk and safety if additional contacts are made concerning the child, the family, or the subject of the report."
SECTION . Section 20-7-650 of the 1976 Code, as amended by Act 104 of 1999, is further amended to read:
"Section 20-7-650. (A) It is the purpose of this section to encourage the voluntary acceptance of any service offered by the department in connection with child abuse and neglect or another problem of a nature affecting the stability of family life.
(B) The department must be staffed adequately with persons trained in the investigation of suspected child abuse and neglect and in the provision of services to abused and neglected children and their families.
(C) Within twenty-four hours of the receipt of a report of suspected child abuse or neglect or within twenty-four hours after the department has assumed legal custody of a child pursuant to Section 20-7-610(F) or (G) or within twenty-four hours after being notified that a child has been taken into emergency protective custody, the department must begin an appropriate and thorough investigation to determine whether a report of suspected child abuse or neglect is 'indicated' or 'unfounded'. The finding must be made no later than forty-five days from the receipt of the report. A single extension of no more than fifteen days may be granted by the director of the department, or the director's designee, for good cause shown, pursuant to guidelines adopted by the department. If the investigation cannot be completed because the department is unable to locate the child or family or for other compelling reason, the report may be classified as unfounded Category II and the investigation may be reopened at a later date if the child or family is located or the compelling reason for failure to complete the investigation is removed. The department shall must make a finding within forty-five days after the investigation is reopened.
This section does not require the department to investigate reports of child abuse or neglect which resulted in the death of the child unless there are other children residing in the home, or a resident of the home is pregnant, or the subject of the report is the parent, guardian, or person responsible for the welfare of another child regardless of whether that child resides in the home.
(D) The department may file with the family court an affidavit and a petition to support issuance of a warrant at any time after receipt of a report. The family court shall must issue the warrant if the affidavit and petition establish probable cause to believe the child is an abused or neglected child and that the investigation cannot be completed without issuance of the warrant. The warrant may authorize the department to interview the child, to inspect the condition of the child, to inspect the premises where the child may be located or may reside, and to obtain copies of medical, school, or other records concerning the child.
(E) The department or law enforcement, or both, may interview the child alleged to have been abused or neglected and any other child in the household during the investigation. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations, and in the discretion of the department or law enforcement, or both, may be conducted outside the presence of the parents. To the extent reasonably possible, the needs and interests of the child must be accommodated in making arrangements for interviews, including time, place, method of obtaining the child's presence, and conduct of the interview. The department or law enforcement, or both, shall must provide notification of the interview to the parents as soon as reasonably possible during the investigation if notice will not jeopardize the safety of the child or the course of the investigation. All state, law enforcement, and community agencies providing child welfare intervention into in a child's life should coordinate their services to minimize the number of interviews of the child to reduce potential emotional trauma to the child.
(F) Reports of child abuse and neglect must be classified in the department's data system and records in one of three categories: Suspected, Unfounded, or Indicated. If the report is categorized as unfounded, the entry must further state the classification of unfounded reports as set forth in subsection (H). All initial reports must be considered suspected. Reports must be maintained in the category of suspected for no more than sixty days after the report was received by the department. By the end of the sixty-day time period, suspected
(G)(1) Indicated findings must be based upon a finding of the facts available to the department that abuse or neglect is supported by there is a preponderance of evidence that the child is an abused or neglected child. Indicated findings must include a description of the services being provided the child and those responsible for the child's welfare, and all relevant dispositional information.
(2) If the family court makes a determination or the process described in Section 20-7-655 results in a determination that the indicated finding is not supported by a preponderance of evidence that there was any act of child abuse or neglect, the case classification must be converted to 'unfounded' and subsection (J) applies.
(3) If the family court makes a specific determination, or the process described in Section 20-7-655 results in a determination that there is not a preponderance of evidence that the person who was the subject of the report committed an act of child abuse or neglect, but that the child was abused or neglected by an unknown person, the department must maintain the case as an indicated case and access to records of the case may be granted as provided in Section 20-7-690. However, the department's data system and records must be amended so that they do not identify the person as a perpetrator of abuse or neglect. The department must grant access to the entire record, including information identifying the person as a perpetrator of abuse or neglect, if requested by any of the parties listed in items (1) through (8) of subsection (J) of this section.
(G)(H) All reports that are not indicated at the conclusion of the investigation and all records of information for which an investigation was not conducted pursuant to Section 20-7-510 must be classified as 'unfounded'. Unfounded reports must be further classified as either Category I, Category II, or Category III.
(1) Category I unfounded reports are those in which abuse and neglect were ruled out following the investigation. A report falls in this category if evidence of abuse or neglect as defined in this article was not found regardless of whether the family had other problems or was in need of services the investigation did not produce a preponderance of the evidence that the child is an abused or neglected child.
(2) Category II unfounded reports are those in which the evidence produced by the investigation was inconclusive as to whether abuse or neglect occurred. A report falls in this category if there is evidence of abuse or neglect as defined in this article but not enough
(3)(2) Category III II unfounded reports are those in which an investigation could not be completed because the department was unable to locate the child or family or for some other compelling reason.
(3) Category III unfounded reports are records of information received pursuant to Section 20-7-510, but which were not investigated by the department.
(H) Reports of child abuse and neglect must be entered immediately into the department's centralized data system in one of four categories: Suspected, Unfounded, Indicated, or Affirmative Determination. If the report is categorized as unfounded, the entry must further state the classification of unfounded report as set forth in subsection (G). All initial reports must be considered suspected. Reports of suspected child abuse and neglect must be maintained for no more than sixty days after the report was received by the department. On or before the expiration of that time, reports must be converted into either unfounded or indicated reports pursuant to the agency's investigation. Upon an affirmative determination, indicated reports must be converted to the category of "affirmative determination".
(1) Indicated reports must be accompanied by a description of services being provided as required under subsection (F).
(2) Affirmative determinations must be accompanied by a description of services being provided the child and those responsible for his welfare and relevant dispositional information.
(I) The names, addresses, and all other identifying characteristics of persons named in all unfounded reports in Category I maintained in department files may be used only for auditing and statistical purposes. All identifying information contained in unfounded reports in Category I must be destroyed immediately after use of the information for auditing and statistical purposes, and in no case later than one year from the date that the last report has been determined to be unfounded; however, all information in the report which is unnecessary for auditing and statistical purposes must be destroyed immediately upon a determination that the report is unfounded, and the remaining information must be kept strictly confidential except for auditing and statistical purposes. If an unfounded report is in Category II or Category III, the report and related information may be retained by the department in its records for one year for use by department staff or law
(1) the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930;
(2) information in records concerning Category II or III unfounded reports may be disclosed to a law enforcement agency investigating a child abuse or neglect case involving the subject of the report or the same child.
If an unfounded report is in Category I, only information necessary for auditing and statistical purposes may be retained in department records or in the database. As soon as the record has been used for auditing or statistical purposes, it must be destroyed. All identifying information must be deleted from the database immediately upon use of the entry for auditing or statistical purposes. In no case may the record or entry be kept for more than one year from the date that the report was determined to be unfounded. The department may not use the information contained in records or entries of Category I unfounded cases for any purpose other than auditing or statistical purposes. No information contained in the record or the database concerning a Category I unfounded case may be disclosed to any person or entity other than the Department of Child Fatalities pursuant to Section 20-7-5930.
(I) The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded.
(J) Upon an affirmative determination, the names, addresses, birth dates, identifying characteristics, and other information of persons named in indicated reports maintained in agency files must be converted immediately to the category of "affirmative determination". The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes or persons
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 20-7-567;
(2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category II unfounded report pursuant to subsection (C) of this section;
(4) as evidence in a court proceeding, if otherwise admissible under the rules of evidence;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 20-7-695; and
(8) the Department of Child Fatalities pursuant to Section 20-7-5930.
(K) Except as authorized in this section, no person may disseminate or permit dissemination of information maintained pursuant to subsections (G) and (J). A person who disseminates or permits dissemination in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand five hundred dollars or imprisoned not more than one year, or both. A person aggrieved by an unlawful dissemination in violation of this subsection may bring a civil action to recover damages incurred as a result of the unlawful act and to enjoin its dissemination or use.
Upon a determination that more likely than not, a person who is the subject of a report as defined in Section 20-7-490 did not commit child abuse or neglect, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files. This provision does not prohibit the department from maintaining an "indicated report" which contains identifying
(K)(L) At a hearing pursuant to Section 20-7-736 or 20-7-738, at which the court orders that a child be taken or retained in custody or finds that the child was abused or neglected, the court:
(1) must order that a person be entered in the Central Registry of Child Abuse and Neglect if it the court finds that there is a preponderance of evidence that the person physically or sexually abused or wilfully or recklessly neglected the child. However, if the only form of physical abuse that is indicated is excessive corporal punishment, the court only may order that the person be entered in the Central Registry if item (2) applies;
(2) may order that the person be entered in the Central Registry if it the court finds that there is a preponderance of evidence that the person abused or neglected the child in any manner other than provided for in item (1) and that the nature and circumstances of the abuse indicate that the person would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if the person were in a position or setting outside of the person's home that involves care of or substantial contact with children.
(L)(M) The At the probable cause hearing, the court may order at the probable cause hearing that the person be entered in the Central Registry if there is sufficient evidence to support the findings required by subsection (K).
(M)(N) At any time following receipt of a report, the department may petition the family court for an order directing that the person named as perpetrator be entered in the Central Registry of Child Abuse and Neglect. The petition must have attached a written case summary stating facts sufficient to establish by a preponderance of the evidence that the person named as perpetrator abused or neglected the child and that the nature and circumstances of the abuse indicate that the person named as perpetrator would present a significant risk of committing physical or sexual abuse or wilful or reckless neglect if placed in a position or setting outside of the person's home that involves care of or substantial contact with children. The department shall must serve a copy of the petition and summary on the person named as perpetrator. The petition shall must include a statement that the judge shall must rule based on the facts stated in the petition unless the clerk of court or
(N)(O) The department must seek an order placing a person in the Central Registry pursuant to subsection (K), (L), or (M) in all cases in which the department concludes that there is a preponderance of evidence that the person committed sexual abuse.
(O)(P) The department is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over these children. Services must not be construed to include emergency protective custody provided for in Section 20-7-736.
(P)(Q) In cases where a person has been placed in the Central Registry of Child Abuse and Neglect, the outcome of any further proceedings must be entered immediately by the department into the Central Registry of Child Abuse and Neglect. If it is determined that a report is unfounded, the department must immediately purge information identifying that person as a perpetrator from the registry and from department records as provided in Section 20-7-680(D) and (E).
(Q)(R) The department must furnish to parents or guardians on a standardized form the following information as soon as reasonably possible after commencing the investigation:
(1) the names of the investigators;
(2) the allegations being investigated;
(3) whether the person's name has been recorded by the department as a suspected perpetrator of abuse or neglect;
(4) the right to inspect department records concerning the investigation;
(5) statutory and family court remedies available to complete the investigation and to protect the child if the parent or guardian or subject of the report indicates a refusal to cooperate;
(6) how information provided by the parent or guardian may be used;
(7) the possible outcomes of the investigation; and
(8) the telephone number and name of a department employee available to answer questions.
(R)(S) The department must cooperate with law enforcement agencies within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the department. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the department must notify the appropriate law enforcement agency of those facts within twenty-four hours of the department's finding for the purposes of police investigation. The law enforcement agency must file a formal incident report at the time it is notified by the department of the finding. When the intake report is of alleged sexual abuse, the department must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must file a formal incident report at the time it is notified of the alleged sexual abuse. The law enforcement agency must provide to the department copies of incident reports generated in any case reported to law enforcement by the department and in any case in which the officer responsible for the case knows the department is involved with the family or the child. The law enforcement officer must make reasonable efforts to advise the department of significant developments in the case, such as disposition in summary court, referral of a juvenile to the Department of Juvenile Justice, arrest or detention, trial date, and disposition of charges. The department must include in its records copies of incident reports provided under this section and must record the disposition of charges.
(S)(T) The department actively must seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.
(T)(U) The local office of the department responsible for the county of the mother's legal residence must provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local office is the responsibility of the agency or institution having custody of the mother.
(U)(V) The In all instances, the agency in all instances must act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."
SECTION . Section 20-7-655 of the 1976 Code is amended to read:
"Section 20-7-655. (A) The Department of Social Services shall must provide a child protective services appeals process for review of indicated reports not otherwise being brought before the family court for disposition. The appeals hearing must be scheduled and conducted in accordance with the department's fair hearing regulations except as to the date for a final decision.
(B) The state director shall must appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the department in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse.
(C) When the department determines that an appeal hearing is needed necessary pursuant to Section 20-7-690(J), it shall the department must provide notice of the availability of the hearing to the potential appellant by certified mail. The notice must inform the person of the right to appeal the case determination and the date and time of the appeal hearing. The notice must also advise the appellant of his rights as provided in the department's fair hearing regulations.
(D) If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before the family court for disposition, the department must provide notice of the case decision to the subject of the report by certified mail. The notice must inform the subject of the report of the right to appeal the case decision and that, if he intends to appeal the decision, he must notify the local child protection agency of his intent in writing within thirty days of receipt of the notice. If the subject of the report does not notify the department of his intent to appeal in writing within thirty days of receipt of the notice, the right to appeal is waived by the subject and the case decision becomes the affirmative determination.
(E) Within fourteen days after receipt of a notice of intent to appeal, an interim review of case documentation and the case determination must be conducted by an appropriate official of the department designated by the director. The interim review may not delay the scheduling of the appeals hearing.
(F) The child protective services appeals committee shall must determine whether or not the case determination is supported by a preponderance of evidence that the subject of the report abused or
(G) Proceedings for judicial review may be instituted by filing a petition in the family court within thirty days after the final decision of the department. Copies of the petition must be served upon the department and all parties of record. Judicial review must be conducted by the family court in accordance with the standards of review provided for in Section 1-23-380. The court may enter judgment upon the pleadings and a certified transcript of the record which must include the evidence upon which the findings and decisions appealed are based. The judgment must include a determination of whether by a preponderance of evidence the subject of the report abused or neglected the child. The appellant is not entitled to a trial de novo in the family court.
(H) Upon a determination by the interim review, the appeals committee or the court that there is not a preponderance of evidence that the subject of the report abused or neglected a child as defined in Section 20-7-490, the name, address, birth date, and other identifying characteristics of that person must be purged immediately from the department's files and from the Central Registry of Child Abuse and Neglect. This subsection does not prohibit the department or the registry from maintaining an `indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a subject of the report, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(I)(H) When the appeals procedure is used for institutional abuse cases investigated by the Department of Social Services, the investigative unit of the Department of Social Services must receive all notices and the case documentation review."
SECTION . Section 20-7-680 of the 1976 Code is amended to read:
"Section 20-7-680. (A) The purpose of this section is to establish a system for the identification of abused and neglected children and those who are responsible for their welfare, to provide a system for the coordination of reports concerning abused and neglected children, and to provide data for determining the incidence and prevalence of child abuse and neglect in this State. To further these purposes, the
(B) The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect within the department's child protective services unit in accordance with Sections 20-7-650, 20-7-670, and 17-25-135. Perpetrators of child abuse and neglect must be entered in the registry only by order of a court as provided for in Sections 20-7-650 and 17-25-135, or as provided for in Section 20-7-670. Each entry in the registry must be accompanied by information further identifying the person, including, but not limited to, the person's date of birth, address, and any other identifying characteristics, and describing the abuse or neglect committed by the person.
(C) The Department of Social Services shall must furnish annually to the Governor and the General Assembly a report on the incidence and prevalence of child abuse and neglect in South Carolina, the effectiveness of services provided throughout the State to protect children from this harm, and any other data considered instructive.
(D) The name, address, birth date, identifying characteristics, and other information of a person named in a report must be removed from department records and the central registry immediately upon a determination by the department or the court that the report is unfounded, except as provided in Section 20-7-650(I). The Central Registry of Child Abuse and Neglect must not contain information from reports classified as unfounded. Other department records and databases must treat unfounded cases as provided for in Section 20-7-650.
(E) The names, addresses, birth dates, identifying characteristics, and other information unnecessary for auditing and statistical purposes of persons named in the registry or department records other than the Central Registry of Child Abuse and Neglect must be destroyed seven years from the date services are terminated. This section does not prohibit the department from maintaining an 'indicated report' which contains identifying information on the child who is the subject of the indicated report and those responsible for the child's welfare without identifying a person as perpetrator, and it does not prohibit the department from providing child protective services to the child who is the subject of an indicated report and those responsible for the child's welfare.
(F) Information in the central registry and other department records may be released only as authorized in Section 20-7-690 or as otherwise
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.
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 (JUD3906.001), 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 15-49-20 of the 1976 Code is amended to read:
"Section 15-49-20. (A) A person who petitions the court for a name change must attach to the petition or have provided directly to the court and made a part of the record:
(1) the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;
(2) a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court must notify the department of the change so that the department can accurately reflect the change in the Central Registry of Child Abuse and Neglect;
(3) an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony;
(4) a screening statement from the South Carolina Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court must notify the division of the change so that the division can accurately reflect the change in the sex offender registry.
This subsection does not apply to a minor child where the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B), to a person seeking to return to the person's maiden name or a former married name in an action for divorce, or to a person seeking to change his or her name as a result of the person's marriage.
(B) Prior to issuing an order for a name change, the court may conduct a hearing on the petition and may order the petitioner to be present.
(C) Upon such Following the hearing and upon considering the petition and, the reason therein contained in the petition, and other documentation before the court, the judge shall must determine and grant or refuse the prayer thereof, as to him shall appear name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public.
(D) If a petitioner is found to have a criminal record as indicated by the background check and the court grants the petition for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division must make the appropriate changes to the petitioner's criminal record.
(E) If a petitioner is in custody of the Department of Corrections and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department must make the appropriate changes to the petitioner's department record.
(F) All costs associated with the requirements of this section are the sole responsibility of the petitioner."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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 LEVENTIS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bills were 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
On motion of Senator BAUER
H. 4426 (Word version) -- Reps. Merrill and Law: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL.
On motion of Senator SETZLER
H. 3056 (Word version) -- Reps. Meacham-Richardson, Simrill, A. Young, Stille, White, Perry, Rodgers, Gilham and Lourie: A BILL TO ENACT THE "DOMESTIC VIOLENCE PREVENTION ACT OF 2001" INCLUDING PROVISIONS TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS SEPARATE AGGRAVATING CIRCUMSTANCES WHICH MAY BE CONSIDERED IN THE DETERMINATION OF THE SENTENCE TO BE IMPOSED, A MURDER COMMITTED IN VIOLATION OF A PROTECTIVE ORDER OR A RESTRAINING ORDER, AND A MURDER COMMITTED AGAINST A HOUSEHOLD MEMBER WHEN THE DEFENDANT HAD A PRIOR CONVICTION FOR COMMITTING CERTAIN LISTED OFFENSES AGAINST THE HOUSEHOLD MEMBER VICTIM; TO AMEND SECTIONS 16-25-30, 16-25-40, 16-25-50, 16-25-60, 16-25-70, ALL AS AMENDED, AND SECTION 16-25-65, ALL RELATING TO PROCEDURES AND PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE SO AS TO DELETE FINES AS A PENALTY FOR THESE OFFENSES AND TO
On motion of Senator MOORE
H. 3243 (Word version) -- Rep. W.D. Smith: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPTED FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DELETE LIMITS ON THE EXEMPTION FOR CERTAIN INDIVIDUAL RETIREMENT ACCOUNTS, ANNUITIES, AND TRUSTS.
On motion of Senator RYBERG
H. 4431 (Word version) -- Reps. Rodgers, Simrill, Meacham-Richardson and Gilham: A BILL TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.
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 (JUD4431.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 20-4-30 of the 1976 Code is amended to read:
"Section 20-4-30. (A) The Family Court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60(a)(1).
(B) Actions Except as provided in subsection (C), actions for an order of protection shall must be filed in the county (a) in which the respondent resides at the time of the commencement of the action, (b) in which the petitioner resides if the respondent is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together unless the petitioner is a nonresident in which case it must be brought in the county in which the respondent resides:
(1) the alleged act of abuse occurred;
(2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State;
(3) the respondent resides, unless the respondent is a nonresident of the State; or
(4) the parties last resided together.
(C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(2) If the petitioner is a nonresident of the State, the action must be filed in the county specified in item (1), (3), or (4) of subsection (B).
(3) If the respondent is a nonresident of the State, the petitioner may request that the action be immediately transferred to another county in which venue is proper and must include a supplemental
(D) Hearings on the petition may be held in any county in the same judicial circuit as the county in which the action is filed or to which the action is transferred."
SECTION 2. Section 20-4-50 of the 1976 Code is amended to read:
"Section 20-4-50. (a) Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, shall constitute constitutes good cause for purposes of this section.
(b) If the court denies the motion for a twenty-four hour hearing or such a hearing is not requested, the petitioner may request and the court shall must grant a hearing within fifteen days of the filing of a petition. The court shall must cause a copy of the petition to be served upon the respondent at least five days prior to such the hearing, except as provided in subsection (a), in the same manner required for service in the circuit courts. Where such service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section.
(c) The hearings referred to in this section may be scheduled in any county within the judicial."
SECTION 3. This act takes effect upon approval by the Governor and applies to orders of protection filed on or after the effective date./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator SETZLER, the Bill was carried over.
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 HUTTO proposed the following amendment (GGS\ 22613CM02), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/ SECTION __. Section 56-5-2990(B) of the 1976 Code, as last amended by Part II, Section 11 of Act 100 of 1999, is further amended to read:
"(B) Any A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the
SECTION __. Section 56-5-2951(J)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes, or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program or residence must be reported immediately to the department by the licensee."
SECTION __. Section 56-5-2951(R) of the 1976 Code, as added by Act 115 of 1999, is amended to read:
"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from
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."
SECTION __. Section 56-1-745(C)(1) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(1) If an individual is employed or enrolled in a college, or university, or court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education, or to a court-ordered drug program, and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment or place of education."
SECTION __. Section 56-1-746(D)(1) and (2) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, or his place of education, or the court-ordered drug program, and in the course of his employment, or education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
On motion of Senator MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Senator MOORE made a motion to recall the Bill from the Committee on Fish, Game and Forestry.
The Bill was recalled and ordered placed on the Calendar for consideration tomorrow.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL spoke on the Bill.
Senator McCONNELL asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate.
There was no objection and the Bill was placed in the status of Interrupted Debate.
Having received a favorable report from the Committee on Labor, Commerce and Industry, the following appointment was confirmed in open session:
Reappointment, Advisory Panel for Massage/Bodywork Therapy, with term to commence June 30, 2001, and to expire June 30, 2003
Therapist
Joseph M. Norris, YMCA, 1420 Sumter Street, Columbia, S.C. 29201
On motion of Senator SETZLER, with unanimous consent, the following appointment was recalled from the Committee on Labor, Commerce, and Industry. The appointment was confirmed in open session.
Reappointment, Advisory Panel for Massage/Bodywork Therapy, with term to commence June 30, 2003, and to expire June 30, 2005
Therapist
Joseph M. Norris, 2615 Old Barnwell Rd., Lexington, S.C. 29073
Having received a favorable report from the Greenville County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
James E. Hudson, 6 Highview Drive, Greenville, S.C. 29609 VICE Ettaphine P. James-Reid
Reappointment, Greenville County Magistrate, with term to commence April 30, 2000, and to expire April 30, 2006
Hon. Harold L. Grimsley, 602 Avon Drive, Taylors, S.C. 29687
Reappointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Charles Ralph Garrett, 270 Pilot Road, Greenville, S.C. 29609
Initial Appointment, Greenville County Board of Voter Registration, with term to commence May 15, 2002, and to expire March 15, 2004
At-Large
Jeffery A. Phillips, 205 Rockmont Drive, Greenville, S.C. 29605 VICE Sam Gault
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 23, 2002, at 4:30 P.M. and the following Act was ratified:
(R373, H. 4878) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2002; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
L:\COUNCIL\ACTS\4878HTC02.DOC
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Oliver J. Wolfe of Columbia, S. C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, May 24, 2002, it stand adjourned to meet next Tuesday, May 28, 2002, at 12:00 Noon, which motion was adopted.
At 4:45 P.M., on motion of Senator McCONNELL, 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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