Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, lest we succumb to the temptation to make of Memorial Day merely another holiday, hear words recorded in the Book of Exodus, Chapter 17:14:
"Then the Lord said to Moses, 'Write this as a reminder in a book and recite it in the hearing of Joshua'..."
Let us pray.
Father, we pause to give You thanks for the sacrifices our people, Your people made in the past... through wars and panics to bring us to these days of destiny.
Moses was not to go all the way to the Promised Land, but You appointed Joshua to be the new leader but with the full knowledge of the past.
As we make our pledge to our flag this morning, help us to be true to our calling today as we join with kindred souls everywhere... praying: "Lord God of hosts, whose mighty hand Dominion holds on sea and land, nations may rise and nations fall, Thy changeless purpose rules them all."
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, Berkeley County Master-in-Equity, with term to commence August 31, 2002, and to expire November 7, 2002
Robert E. Watson, P. O. Box 118, Moncks Corner, S.C. 29461 VICE John B. Williams
Reappointment, Edgefield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Davis R. Parkman, 507 Butler Street, Johnston, S.C. 29832
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Gaybrial Yolanda Gibson, 104 Gettysburg Street, Greenville, S.C. 29605
Reappointment, South Carolina Mining Council, with term to commence June 30, 2002, and to expire June 30, 2006
Mining Industry
Donald A. Babb, 371 Vinings Trail, Ridgeway, S.C. 29130
Referred to the Committee on Agriculture and Natural Resources.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2002, and to expire July 1, 2004
Four-Year Institutions, Ex Officio
Larry Durham, 1302 Hawthorne Rd., Lancaster, S.C. 29720 VICE Cathey B. Harvin
Referred to the Committee on Education.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2002, and to expire July 1, 2004
Ex Officio - Local Technical College
DeLoris Ham Oliver, Spartanburg Schools - District # 7, 610 Dupree Drive, Spartanburg, S.C. 29304 VICE Lorraine Bertha Dimery
Referred to the Committee on Education.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 2002, and to expire July 1, 2004
Research Institutions
Miles Loadholt, P. O. Box 365, Barnwell, S.C. 29812 VICE Margaret M. Addison
Referred to the Committee on Education.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1999, and to expire April 1, 2003
Interested Party
Gregory J. Hart, The Blood Connection, Inc., 515 Grove Rd., Greenville, S.C. 29605 VICE Robert L. Smith
Referred to the Committee on Judiciary.
Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2003, and to expire April 1, 2007
Interested Party
Gregory J. Hart, The Blood Connection, Inc., 515 Grove Rd., Greenville, S.C. 29605
Referred to the Committee on Judiciary.
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2000, and to expire June 30, 2004
4th Congressional District
Kimberly Dawn Hutzell, 131 Spring Valley Drive, Spartanburg, S.C. 29301 VICE Gloria Webb Close, Ed.D.
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2002, and to expire October 18, 2006
At-Large
Pamela Denise Brown, Esquire, 4790-D Champion Way, North Charleston, S.C. 29418 VICE Ann S. Timberlake
Referred to the Committee on Judiciary.
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2002, and to expire June 30, 2006
At-Large
Hortense Alberta "Kymm" Hunter, Benedict College, 2827 North Beltline Blvd., Columbia, S.C. 29204 VICE Wonida Judy Welch
Referred to the Committee on Judiciary.
Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2000, and to expire April 1, 2004
Organ Procurement Organization
Nancy A. Kay, LifePoint, Inc., 1064 Gardner Road, Suite 105, Charleston, S.C. 29407
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2002, and to expire April 1, 2006
Interested Party
Betty Wells Henderson, 311 Joe Wells Road, Greenwood, S.C. 29649 VICE Sabra C. Slaughter, Ph.D.
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1999, and to expire April 1, 2003
Low Country - Recipient/Donor/Family
Marilyn Jones Armstrong, 48 1/2 Gibbes Street, Charleston, S.C. 29401 VICE Deborah E. O' Brien
Referred to the Committee on Judiciary.
Reappointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2003, and to expire April 1, 2007
Low Country - Recipient/Donor/Family
Marilyn Jones Armstrong, 48 1/2 Gibbes Street, Charleston, S.C. 29401
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Housing, Finance and Development Authority, with term to commence August 15, 2002, and to expire August 15, 2006
At-Large
Frances B. Gilbert, 3277 Long Ave. Ext., Conway, S.C. 29526 VICE Eugene C. Spivey
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2002, and to expire June 1, 2006
Speech-Language Pathologist
Elaine Norris-Mulligan, Windsor Hill Elementary School, 8600 William Moultrie Dr., North Charleston, S.C. 29420 VICE Eleanor G. Smith
Referred to the Committee on Medical Affairs.
Initial Appointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 2002, and to expire June 1, 2006
Public
Basil Manly IV, 2 Chanticleer Drive, Greenville, S.C. 29605 VICE James G. Bouknight
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 2002, and to expire June 30, 2006
Area 6
Sue A. Pitts, 550 Pringle Street, Sumter, S.C. 29150 VICE Richard M. Denny
Referred to the Committee on Medical Affairs.
Senator LEATHERMAN introduced Dr. Howard A. Farrell of Florence, S.C., Doctor of the Day.
At 12:07 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 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
S. 742 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES.
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
There was no objection.
Senator PEELER asked unanimous consent to give the Bill a second reading.
There was no objection.
The Bill was recalled, read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, with unanimous consent, S. 742 was ordered to receive a third reading on Wednesday, May 29, 2002.
H. 3101 (Word version) -- Reps. Huggins, Robinson, Wilder, Altman, Clyburn and Campsen: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
Senator FAIR asked unanimous consent to recommit the Bill to the Committee on Corrections and Penology.
There was no objection.
The following were introduced:
S. 1308 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 85 IN CHEROKEE COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1309 (Word version) -- Senators Moore, Setzler and Ryberg: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ELIZABETH H. HARDING OF AIKEN COUNTY FOR OVER TWENTY-FIVE YEARS OF OUTSTANDING SERVICE TO THE AIKEN-BAMBERG-BARNWELL-EDGEFIELD REGIONAL
The Senate Resolution was adopted.
S. 1310 (Word version) -- Senators Moore, Setzler and Ryberg: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SALLY G. FARRIS OF AIKEN COUNTY FOR HER OUTSTANDING AND DEDICATED SERVICE TO THE AIKEN COUNTY PUBLIC LIBRARY AND TO WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.
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The Senate Resolution was adopted.
S. 1311 (Word version) -- Senator Waldrep: A SENATE RESOLUTION TO COMMEND THE SILVER SPRING BAPTIST CHURCH, PENDLETON, ON THE OCCASION OF ITS MAY 26, 2002, WORSHIP SERVICE AND CELEBRATION HONORING VETERANS OF THE ARMED FORCES OF THE UNITED STATES FOR THEIR SACRIFICE IN THE CAUSE OF FREEDOM, TO RECOGNIZE AND COMMEND THE MEMBERS OF THE 54TH MASSACHUSETTS VOLUNTEER INFANTRY, CO. I, INC., FOR THEIR DEDICATION TO THE PRESERVATION OF THE MEMORY OF THE SOLDIERS OF THE CIVIL WAR AND THOSE AFRICAN-AMERICANS SERVING THE UNION IN THE STATE OF SOUTH CAROLINA, AND TO THANK THE MEMBERS OF THE REENACTMENT UNIT, THE CLERGY, STAFF, AND MEMBERS OF SILVER SPRING BAPTIST CHURCH, AND HONORED GUESTS FOR THEIR PRESENCE AND PARTICIPATION IN THIS SPECIAL EVENT.
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Senator WALDREP spoke on the Resolution.
The Senate Resolution was adopted.
S. 1312 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MS. FRANKIE ROBERTSON OF LAURENS COUNTY FOR OVER THIRTY YEARS OF DEVOTED AND DISTINGUISHED SERVICE TO SENIOR OPTIONS, INC., A UNITED WAY AGENCY.
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The Senate Resolution was adopted.
S. 1313 (Word version) -- Senators Hayes, Gregory, Short: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 4 (FORT MILL) TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2002-2003 ONLY.
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Senator HAYES spoke on the Resolution.
Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HAYES, with unanimous consent, S. 1313 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1314 (Word version) -- Senators Hayes, Gregory, Short and Peeler: A SENATE RESOLUTION RECOGNIZING PARAMOUNT'S CAROWINDS THEME PARK FOR ITS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA THROUGHOUT ITS THIRTY YEAR HISTORY BY DECLARING MAY 29, 2002, "PARAMOUNT'S CAROWINDS DAY".
The Senate Resolution was adopted.
H. 5256 (Word version) -- Reps. Gilham, Lloyd and Rivers: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, PERTAINING TO THE BEAUFORT COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CANDIDATE PETITIONS ARE SUBMITTED AND PROCESSED.
Read the first time and ordered placed on the Local and Uncontested Calendar without reference.
H. 5280 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE LAKE MARION BOAT CHANNEL, KNOWN AS THE "SAFE CHANNEL", AS THE "DANNY BELL BOAT CHANNEL" IN HONOR OF THE LATE DANNY BELL OF EUTAW SPRINGS, AND INSTALL APPROPRIATE SIGNS OR MARKERS.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5317 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE LANDRUM HIGH SCHOOL BASEBALL TEAM FOR THEIR OUTSTANDING 2002 CLASS A STATE CHAMPIONSHIP WIN, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3761 (Word version) -- Reps. Knotts, Whatley, Coates, Keegan, Kelley, McGee, Meacham-Richardson, Riser, Sandifer, Simrill, Snow, Taylor, White and A. Young: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS AND THE PENALTIES THEREFOR, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES A "COUNTERFEIT MARK" AND TO INCREASE THE PENALTIES FOR VIOLATIONS INCLUDING THE ESTABLISHMENT OF CERTAIN FELONIES.
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a favorable with amendment report on:
H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 5297 favorable:
H. 5297 (Word version) -- Reps. Meacham-Richardson, Kirsh, Simrill, Moody-Lawrence, McCraw, Delleney and Emory: A CONCURRENT RESOLUTION RECOGNIZING PARAMOUNT'S CAROWINDS THEME PARK FOR ITS NUMEROUS ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE STATE BY DECLARING MAY 29, 2002, "PARAMOUNT'S CAROWINDS DAY".
AYES
Courson Matthews Patterson O'Dell McGill Alexander Bauer Peeler Kuhn Knotts
Reese
Ordered for consideration tomorrow.
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.
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. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND
On motion of Senator ALEXANDER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator ALEXANDER spoke on the report.
On motion of Senator ALEXANDER, the Report of the Committee of Conference to H. 3515 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J.M. Neal, Phillips, Rice, Riser, Simrill, D.C. Smith, W.D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION" , AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER
That the same do pass with the following amendments: (Reference is to Printer's Version 4/4/02.)
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 40-19-235. A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter may apply for a license to practice in this State by submitting the appropriate nonrefundable fee, an application on a board-approved form, and a board-certified statement from the state or territory in which the person holds the license and has successfully taken and passed that state law exam. The board may approve an applicant who presents evidence of licensure in another jurisdiction, even though that jurisdiction does not require substantially similar requirements, upon a showing that the applicant has engaged in the licensed practice of funeral service for at least five years and the applicant has achieved a passing score on an examination approved by the board."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-19-265. (A) A permit for a funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290.
(B) A permit for a branch funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides the name of the parent funeral home.
(C) A permit for a retail sales outlet may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) is in full compliance with Section 40-19-290.
(D) A permit for a crematory may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides evidence of employment of a factory trained operator.
(E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business."
SECTION 3. Section 40-19-10 of the 1976 Code is amended to read: "Section 40-19-10. There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment.
The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur.
Any business conducted by the board must be by a positive majority vote. For purposes of this subsection 'positive majority vote' means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time."
SECTION 4. Section 40-19-20 of the 1976 Code is amended to read:
"Section 40-19-20. As used in this chapter:
(1) 'Advertisement' means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard,
(2) 'Apprentice' means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120.
(3) 'Board' means the South Carolina State Board of Funeral Service.
(4) 'Branch funeral home' means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities, a chapel, a lay-out room, or a sales room, or both any combination of these.
(5) 'Chapel' means a separate facility from the parent funeral home that has only layout or chapel facilities, or both, but does not have embalming facilities or a sales room.
(6) 'Cremation' or 'calcination' means the reduction of the dead body by intense heat to residue.
(7)(6) 'Crematory' means an establishment in which the dead body is reduced to residue by intense heat.
(8)(7) 'Disposition' means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation or removal from the State pursuant to obtaining a burial transit permit.
(9)(8) 'Embalmer' means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body.
(10)(9) 'Embalming' means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(11)(10) 'Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(12)(11) 'Funeral home', 'funeral establishment', or 'mortuary' means an establishment where the practice of funeral service and
(a) a chapel or parlor in which funeral services may be conducted;
(b) a preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies;
(c) a room containing a displayed stock of at least six adult caskets and other necessary funeral supplies;
(d) at least one motor hearse for transporting casketed human remains.
(13)(12) 'Funeral merchandise' means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, the receptacle into which the body is directly placed caskets, cremation caskets, urns, and burial clothing. The term does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.
(14)(13) 'Funeral service' or 'funeral' means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.
(15)(14) 'Graveside service' means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.
(16)(15) 'Inspector' means an inspector employed by the board Department of Labor, Licensing and Regulation.
(17)(16) 'Manager' means a licensed funeral director who has been a resident of licensed in this State for at least one year , who is a fulltime regular employee, and who is responsible for and has the binding authority from the owner for the day-to-day management of funeral establishments or crematories including compliance with all applicable laws governed by this chapter and Chapters 7 and 8 of Title 32.
(18)(17) 'Memorial service' means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.
(19)(18) 'Practice of funeral service' means:
(a) engaging in providing shelter, care, and custody of the human dead;
(b) the practice of preparing the human dead by embalming or other methods for burial or other disposition;
(c) arranging for the transportation of the human dead;
(d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use;
(e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.
(19) 'Retail sales outlet' means an establishment wherein funeral merchandise is sold or provided, or both, to the general public. A retail sales outlet may not contain lay-out or chapel facilities and is restricted solely to the sale of funeral merchandise and may not handle or arrange for the handling or disposition, or both, of dead human remains and may not offer or execute preneed funeral contracts, except as authorized by Chapter 7, Title 32.
(20) 'Owner' means a sole proprietor, partnership, limited partnership, corporation, limited liability corporation, or any business entity possessing authority and control over a funeral establishment."
SECTION 5. Section 40-19-110(3), (14), and (15) of the 1976 Code are amended to read:
"(3) soliciting dead human bodies or soliciting the sale of funeral merchandise by a licensee or a licensee's agents, assistants, or employees an agent, assistant, or employee of a licensee or of any establishment licensed under this chapter, whether the solicitation occurs after death or while death is impending, but not including general advertising;"
"(14) violating a state or federal law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies concerning funeral establishments or the practice of funeral service;"
"(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need engage in the practice of funeral service."
SECTION 6. Section 40-19-230 of the 1976 Code is amended to read:
"Section 40-19-230. (A) A person may be issued a license as an embalmer if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board;
(4) has completed successfully a regular course in an embalming college accredited by the National Conference of State Examining Boards American Board of Funeral Service Education and approved by the board;
(5) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State;
(6) has passed an examination prescribed by the board. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.
(B) A person may be issued a license as a funeral director if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college;
(4) has completed a minimum of twenty-four months of service pursuant to Section 40-19-240 as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State;
(5) has passed an examination prescribed by the board. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(C) An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation.
An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination.
(D) A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter and has been licensed for a minimum of five years, upon establishing residence in this State, may apply for a license to practice in this State by filing with the board a certified statement from the examining board of the state or territory in which the applicant holds the license, showing the basis upon which the license was granted and a recommendation for licensure. If the board finds that the applicant has fulfilled substantially similar requirements, the board shall grant a license upon receipt of a fee established by the board in regulation and upon satisfying the board that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.
(E) No license may be issued or renewed for a period exceeding one year two years, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board.
(F)(E) A person holding a license under this chapter may have the license renewed for a one-year two-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient.
(F) A permit for a crematory or a permit for a funeral establishment which operates a crematory may be renewed for a two-year period by applying within thirty days preceding or following the expiration of the permit, upon forms provided by the board, payment of a renewal fee as established by the board in regulation and passage of an inspection conducted by the board."
SECTION 7. Section 40-19-270 of the 1976 Code is amended to read:
"Section 40-19-270. (A) No person shall conduct, maintain, manage, or operate a funeral establishment or, crematory, or retail sales outlet unless a permit for each establishment or, retail sales outlet, or crematory has been issued by the board and is displayed conspicuously
(B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, chapel, retail sales outlet, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
(C) No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a person licensed as a funeral director who resides a reasonable distance from the establishment or crematory and is accessible at all times manager when the establishment or crematory is open for any type of funeral business or activity. The board must be notified within thirty days upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory, the board as provided for in Regulation 57-10(c) and may issue a temporary permit to another person manager upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located.
(D) An application for a funeral establishment permit or, crematory, or retail sales outlet permit must be made on forms furnished by the board and must be filed with the board before July second of each year accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each odd-numbered year.
(E) When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the board as the manager of the funeral establishment or crematory or the corporation or partnership must employ a full-time manager. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter."
SECTION 8. Section 40-19-280(E) of the 1976 Code is amended to read:
"(E) It is unlawful for a person, partnership, corporation, or association who has not been licensed or registered as provided for in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a
"Section 40-19-290. (A) The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.
(B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
(C) A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure in each casket with each piece of funeral merchandise stating the price of the casket merchandise.
(D) The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:
(1) the price of the service that the persons have selected and what is included in the service;
(2) the price of each of the supplemental items of service and merchandise requested;
(3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family;
(4) the method of payment.
(E) All payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered in accordance with the sales agreement."
SECTION 10. A. Title 40 of the 1976 Code is amended by adding:
Section 40-8-10. This chapter may be cited as the 'South Carolina Perpetual Care Cemetery Act'.
Section 40-8-20. For the purposes of administering this chapter, there is established a South Carolina Perpetual Care Cemetery Board with the power and duty to promulgate regulations, approved by the Director of the Department of Labor, Licensing and Regulation, to carry out this chapter as provided for by Section 40-1-10.
Cemeteries, burial grounds, and any agreement or contract which has for a purpose the furnishing or delivering of a person, property, or merchandise of any nature in connection with the final disposition of a dead human body, must be subject to sufficient regulation by the State to ensure that sound business practices are followed by all entities subject to this chapter.
Section 40-8-30. As used in this chapter, unless otherwise stated or unless the context clearly indicates otherwise:
(1) 'Administrator' means the individual, appointed by the director, to whom the director has delegated authority to administer the programs of the South Carolina Perpetual Care Cemetery Board.
(2) 'Authorization to operate' or 'operation authorization' means the approval to operate a cemetery, which has been granted by the South Carolina Perpetual Care Cemetery Board. This authorization is granted in the form of a license.
(3) 'Board' means the South Carolina Perpetual Care Cemetery Board.
(4) 'Cared-for' means the physical appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once a week during grass growing season with ample rainfall.
(5) 'Cemetery' means a place used, dedicated, or designated for cemetery purposes including any one or combination of:
(a) perpetual care cemeteries;
(b) burial parks for earth interment;
(c) mausoleums;
(d) columbariums.
(6) 'Cemetery company' means a legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by cemetery sales organizations or cemetery management organizations or any other entity.
(7) 'Columbarium' means a structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person.
(8) 'Department' means the Department of Labor, Licensing and Regulation.
(9) 'Director' means the Director of the Department of Labor, Licensing and Regulation, or the director's official designee.
(10) 'Grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person.
(11) 'Human remains' or 'remains' means the body of a deceased person and includes the body in any stage of decomposition.
(12) 'Licensee' means a person granted an authorization to operate pursuant to this chapter and refers to a person holding a license granted pursuant to this chapter.
(13) 'Mausoleum' means a structure or building substantially exposed aboveground, intended to be used for the entombment of the remains of a deceased person.
(14) 'Memorial' means a bronze marker set approximately level with the turf for the purpose of identification, or interchanged to mean upright markers in garden sections which are plotted and specified for the use of upright markers. The term 'marker' is interchanged with the term 'memorial' in this chapter.
(15) 'Merchandise' means items used in connection with grave space, niches, mausoleum crypts, granite, memorials, grave liners, and vaults; however, merchandise shall expressly exclude caskets and cremation urns, burial clothing, facilities used for preparation, viewing, and automotive equipment and transportation. Items expressly excluded under the definition of merchandise in this provision must be governed by Chapter 7 of Title 32.
(16) 'Outer burial container' means the following:
(a) Category I - Protective Outer Burial Container - An outer burial container (vault) in which a casket or similar burial device is placed for in-ground interment and is designed and constructed to support the weight of the earth and standard cemetery maintenance equipment and to prevent the grave from collapsing while resisting the entrance of water or any other element found in the soil in which it is interred.
(b) Category II - Nonprotective Outer Burial Container - A nonsealing outer burial container (grave liner) in which a casket or similar burial device is placed for in-ground interment and is designed
(17) 'Perpetual care' means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a cemetery properly maintained using a care and maintenance trust fund. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery must be considered a perpetual care cemetery for the purposes of this chapter.
(18) 'Person' means an individual, entity, corporation, partnership, joint venture, or association.
(19) 'Trust institution' means a state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.
Section 40-8-35. The cemetery contract must disclose to the consumer:
(1) the type of outer burial container being purchased (a Category I, Protective Outer Burial Container, or a Category II, Nonprotective Outer Burial Container);
(2) that the outer burial container either has a warranty or that it does not have a warranty; and
(3) if the outer burial container purchased in advance of need is not available at the time of need, the cemetery shall make available to the purchaser or his repre sentative an outer burial container of equal or greater value. The purchaser or his representative is entitled to approve any substitutions.
Section 40-8-40. No entity may engage in the business of operating a perpetual care cemetery company, except as authorized by this chapter, without first obtaining a license from the board. A license issued under this chapter is not transferable or assignable and a licensee may not develop or operate a perpetual care cemetery authorized by this chapter under a name or a location other than that contained in the license.
No entity may hold itself out to be a perpetual care cemetery without an authorization to operate as such by the South Carolina Perpetual Care Cemetery Board.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall identify the appropriate sections of the cemetery at application and shall designate each section by a sign on the premises. Portions designated 'Perpetual Care' may not be changed to 'No Perpetual Care' once the designation is made.
Section 40-8-50. The board consists of seven members appointed by the Governor with the advice and consent of the Senate. Three appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral-related business, and four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association. The Governor shall appoint members of the board in the manner provided in this section. Of the seven members, three of the initial board members must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. Nominations for appointment for the four professional members must be received by the Governor from the South Carolina Cemetery Association. If the Governor does not approve the recommendations, the association shall provide the Governor with another list of nominees, and the Governor may select a nominee from the list provided or appoint another suitable candidate of his choice. The Governor may replace any board member at any time for cause. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment.
Section 40-8-60. The board shall elect annually a chairman and vice chairman. Each member of the board shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. All expenses of the board must be paid from fees received by the board.
The board shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chairman or upon written request of at least four members.
Section 40-8-70. In addition to the powers and duties included in Sections 40-1-70 through 40-1-100, the board shall establish policies and procedures consistent with this chapter, shall have the full power to regulate the issuance of licenses, and shall discipline licensees in any manner permitted by this chapter or under the provisions of Sections 40-1-110 through 40-1-150.
Section 40-8-75. The board shall have and use an official seal bearing the name of the board.
Section 40-8-80. (A) The following fees must be assessed, collected, and adjusted on behalf of the board by the Department of Labor,
(1) a license fee of eight hundred fifty dollars, annually;
(2) an application fee of two hundred fifty dollars.
(B) Notwithstanding subsection (A), the fees for a cemetery in existence on the effective date of this chapter, which consists of ten acres or less of land are as follows:
(1) a license fee of four hundred dollars, annually;
(2) an application fee of two hundred fifty dollars.
(C) The license period is from January first through December thirty-first.
(D) Failure to renew a license by the December thirty-first renewal date renders the license invalid. The license may be reinstated upon receipt of an application postmarked not later than January thirty-first. Delinquent renewal requests not postmarked on or before January thirty-first require that a new application be submitted under the guidelines in effect for the current period.
(E) All fees are nonrefundable.
Section 40-8-90. (A) A legal entity wishing to establish a cemetery shall file a written application for authority to do so with the board on forms prescribed and provided by the department.
(1) Upon receipt of the application and a nonrefundable application fee, the board shall cause an investigation to be made to establish the following criteria for approval of the application:
(a) creation of a legal entity to conduct a cemetery business and the proposed financial structure;
(b) establishment and maintenance of an irrevocable care and maintenance trust fund agreement with a trust institution doing business in this State, with an initial deposit of not less than fifteen thousand dollars and a bank cashier's or certified check attached for the amount and payable to the trustee with the trust executed by the applicant and accepted by the trustee, conditioned only upon the approval of the application;
(c) presentation of a plat of the land to be used for a cemetery showing the county or municipality and the names of roads and access streets or ways;
(d) designation by the legal entity, wishing to establish a cemetery, of a general manager who must be a person having had not less than two years' experience in the cemetery business;
(e) presentation of development plans sufficient to ensure the community that the cemetery shall provide adequate cemetery services and that the property is suitable for use as a cemetery.
(2) The board, after receipt of the investigating report and within ninety days after receipt of the application, shall grant or refuse to grant the authority to organize a cemetery.
(3) If the board intends to deny an application, it shall give written notice to the applicant of its intention to deny. The notice shall state a time and place for a hearing before the board and a summary statement of the reasons for the proposed denial. The notice of intent must be mailed by certified mail to the applicant at the address stated in the application at least fifteen days before the scheduled hearing date. Within thirty days of the hearing, the board must provide the applicant with its written decision regarding its intent to deny the application. An appeal from the board's decision must be made in accordance with the Administrative Procedures Act.
(4) If the board intends to grant the authority, it shall give written notice that the authority to organize a cemetery has been granted and that a license to operate must be issued upon the completion of the:
(a) establishment of the irrevocable care and maintenance trust fund and receipt by the board of a certificate from the trust institution certifying receipt of the initial deposit required under this chapter;
(b) development, ready for burial, of not less than two acres, certified by inspection of the board or its representative;
(c) presentation of a description, by metes and bounds, of the acreage tract of the proposed cemetery, with evidence, by title insurance policy or certificate or certification by an attorney at law, that the applicant is the owner in fee simple of the tract of land which must contain not less than thirty acres, and may not mortgage, lease, or encumber it. In counties with a population of less than thirty-five thousand inhabitants according to the latest official United States census, the tract needs to be only fifteen acres;
(d) submission to the board, for its approval, a copy of the cemetery company's policies and procedures as provided for in this chapter.
(B) If a person proposes to purchase or acquire control of an existing cemetery either by purchasing the outstanding capital stock of any cemetery company or the interest of the owner and thereby to change the control of the cemetery company, the person shall make application on a form prescribed and provided by the board for a license change. The application shall contain the name and address of
(C) The provisions of subsection (A)(4)(c) relating to the minimum acreage do not apply when the governing body of a municipality which is within fifteen miles of the corporate limits of the City of Charlotte, North Carolina, and in which the cemetery is to be located passes an ordinance authorizing a cemetery with less than thirty acres of land when a license establishes an irrevocable trust with a trust corpus of at least fifteen thousand dollars and five acres of land, and the dedication of fifteen percent of all future sales to deposit in the trust on a quarterly basis.
Section 40-8-100. (A) A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in which the burial was made. Sales, trust funds, accounting records, and other records of the licensee must be available at the licensee's principal place of business at reasonable times during regular business hours for examination by the department. In addition, the owner of a perpetual care cemetery shall have the records of the care and maintenance fund examined annually by a licensed public accountant and shall submit a copy of the report to the board or its designee.
(B) A record must be kept of each written complaint received, action taken, and disposition of the complaint. These records must be available for examination by the chairman or other authorized representative of the board.
(C) The owner of a cemetery shall adopt and enforce policies and procedures for the use, care, control, management, restriction, and protection of the cemetery and its parts and subdivisions, the use of property within a cemetery, the introduction and care of plants or shrubs within the grounds, the conduct of persons and prevention of improper assemblages, and other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish the policies and procedures pursuant to subsection (H). The regulations must be printed or typewritten plainly, posted conspicuously, and maintained, subject to inspection by the board or its designee, at the usual place for transacting the regular business of the cemetery. The owner must also include in this posting a statement explaining that it is acceptable to purchase memorials and merchandise from vendors other than the cemetery if the items meet the reasonable policies and
(D) The owner of a cemetery shall establish reasonable policies and procedures regarding the type material, design, composition, finish, specifications, and installation of merchandise to be used in the cemetery. However, a policy or procedure may not be promulgated which:
(1) requires the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from the cemetery company;
(2) restricts the right of the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument from the vendor of his choice;
(3) charges the owner or purchaser of a lot a fee for purchasing a monument or marker or the actual installation of a monument from a vendor or charges a vendor a fee for delivering or installing the monument;
(4) discriminates against an owner or a purchaser of a lot who has purchased a monument or services related to installation of a monument from a vendor.
(E) Subsection (D) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services actually performed by the cemetery relating to the installation, care, and maintenance of a monument or marker including, but not limited to, the survey, recording, and supervision of the installation of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor.
(F) These policies and procedures must be posted conspicuously and maintained, subject to inspection by the department, at the usual place for transacting the regular business of the cemetery. A cemetery owner may not prevent the use of merchandise purchased by a lot owner or his representative, agent, heirs, or assigns from any source if the merchandise meets cemetery regulations.
(G) When an internment right is sold, the cemetery must provide a written listing of the current charges associated with all merchandise, memorials, and services that are then required by the cemetery. The cemetery also shall provide a list of cemetery services for which there may be a later charge. When a monument, marker, or memorial is sold by a cemetery company, the cemetery shall provide on the sales
(H) Policies and procedures established, amended, or abolished by a cemetery pursuant to this section must be submitted to the board for its approval.
Section 40-8-110. (A) A cemetery company is not permitted to establish a perpetual care cemetery or to operate an already-established perpetual care cemetery without providing for the future care and maintenance of the cemetery, for which a trust fund must be established to be known as 'The Care and Maintenance Trust Fund of (name of licensee)'. If a perpetual care cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this chapter, the board, after thirty days, shall enforce compliance. The trust fund agreement shall contain the name, location, and address of both the licensee and the trustee, showing the date of the trust agreement and the deposit in the trust of the required funds. No person shall transfer the corpus of the care and maintenance trust fund without first obtaining written consent from the board.
(B) At the time of making a sale or receiving the initial deposit on the sale of grave space, niche, or mausoleum crypt, the cemetery company shall deliver to the person to whom the sale is made, or who makes the deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund must be used solely for the care and maintenance of the cemetery, for reasonable costs of administering the care and maintenance, and for reasonable costs of administering the trust fund. This information must be included in the sales contract.
(C) A perpetual care cemetery shall deposit into the care and maintenance fund not less than forty dollars or a minimum of ten percent of the sale price, whichever is greater, per grave space and niche, and one hundred dollars per mausoleum crypt sold or a minimum of five percent of the sales price, whichever is greater. Also, for a memorial or grave marker for installation in a cemetery where perpetual care is promised or guaranteed, the cemetery shall transmit to the care and maintenance trust fund an amount equal to a minimum of
(D) Within ninety days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund on forms prescribed and provided by the board. The board shall require the trustee to make any additional financial reports the board considers advisable.
(E) The care and maintenance trust fund must be invested and reinvested by the trustee in the same manner as provided by law for the investment of other trust funds. The fees and other expenses of the trust fund may be paid from the corpus. To the extent that the net income is not sufficient to pay the fees and other expenses, they must be paid by the cemetery company.
(F)(1) Upon payment in full, a licensee receiving funds from the sale of merchandise for use in a cemetery in connection with the burial or commemoration of a deceased human being when the use of contracted merchandise is not requested or required immediately shall store or warehouse the contracted merchandise, or bond or deposit the funds in a merchandise account with a financial institution licensed to do business in this State. Notwithstanding any other provision of law, all funds deposited in the merchandise account must be held for the benefit of the purchaser of the merchandise. Any such merchandise account must be subject to Section 40-8-110(G).
The cemetery company shall maintain a record of each deposit into the account, identify the name of the purchaser, the amount of the actual costs to the seller, and the amount of money to be deposited, and maintain a copy of the contract for the merchandise. This section does not prohibit the licensee from commingling the deposits in a fund of this kind to manage and invest the funds.
(2) When a memorial, a mausoleum crypt, or other merchandise is sold in advance of need and not installed, delivered, or bonded until a later date, one hundred percent of the actual cost to the seller at the time of deposit must be placed in a merchandise account within sixty days after completion of the contract with interest to accrue and must not be withdrawn without the consent of the purchaser until the time of delivery or construction.
(3) The funds must be held in a merchandise account as to principal and income earned and must remain intact, until delivery of the merchandise is made by the cemetery company or other entity; however, any service fees charged by the administering financial
(4) After payment in full and before delivery of merchandise, a purchaser may make written demand for a refund of the amount deposited in the merchandise account to the credit of the purchaser, and within ninety days of receipt of the written demand, the licensee shall deliver the merchandise or refund to the purchaser the amount on deposit to his credit. Upon the refund or delivery of merchandise, the cemetery company is relieved from further liability for this merchandise.
(G) The licensee, annually and within ninety days after the end of the calendar year, shall file a financial report, signed by a licensed accountant, of the merchandise account fund with the board on forms provided by the board setting forth the principal, investments, and payments made and the income earned and disbursed. The board may require the licensee to make additional financial reports the board considers advisable.
(H) The board may cause the examination of the business of a cemetery company or other entity writing contracts for the sale of the property or services described in this section. The written report of the examination must be filed in this office of the board. A person or an entity being examined shall produce the records of the company needed for the examination.
(I) A provision of a contract for the sale of merchandise described in this section which provides that the purchaser or beneficiary may waive this section is void.
(J) Cemetery owners shall have a full and complete schedule of charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copying, at the usual place for transacting the regular business of the cemetery.
(K) A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise account fund is guilty of a misdemeanor and, upon conviction, must be punished pursuant to Section 40-8-190.
(L) If a report is not received within the required time, the board may levy and collect a penalty of not less than twenty-five dollars a day or more than one hundred dollars a day for each day of delinquency.
Section 40-8-120. (A) A licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not mortgage, lease, or encumber it.
(B) The fee simple title in any land owned by the licensee as a cemetery, which lands are contiguous, adjoining, or adjacent to the minimum acreage described in subsection (A), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any title, interest, or burial right which may have been sold or contracted to be sold in this land are reconveyed to the licensee before the consummation of any conveyance.
(C) A licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.
(D) The provisions of subsections (A) and (B) relating to a requirement for minimum acreage do not apply to those cemeteries in existence before the effective date of this chapter. If a cemetery owns or controls a total of less than the minimum acreage, this cemetery may not dispose of any of the lands.
Section 40-8-130. (A)(1) A cemetery company is required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale, or refund the money. The construction of the mausoleum section or bank of belowground crypts must be completed within sixty months after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown.
(2) After construction has begun on the mausoleum section or bank of belowground crypts, the cemetery company shall certify the progress and expenditures and is entitled to withdraw funds from the mausoleum account to meet construction expenditures.
(3) If the mausoleum section or bank of belowground crypts is not completed within the time limits set out in this section, the board shall contract for and cause the project to be completed and paid for from the funds deposited to the project and the cemetery company must be liable for any shortage.
(4) In lieu of the payments to the mausoleum account the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board.
(B)(1) Burial vaults must be at least ten inches below the earth's surface. As used in this section, 'burial vaults' includes caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.
(2) This section does not apply to cemeteries located in the coastal and lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that where the water table is two feet or less from the surface, cemeteries not subject to tidal or surface flooding may place vaults level with the ground.
Section 40-8-140. All cemeteries in this State shall display a sign at each entrance containing letters not less than six inches in height stating 'Perpetual Care' or 'Endowment Care' or 'No Perpetual Care' or 'No Endowment Care' depending upon which method of operation the cemetery is using.
Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated 'Perpetual Care' cannot be changed to 'No Perpetual Care' once the designation is made.
Section 40-8-150. In addition to grounds for disciplinary actions as set forth in Section 40-1-110, the board shall take disciplinary action against a licensee who:
(1) fails to pay the required fees;
(2) fails to make required reports;
(3) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;
(4) knowingly makes a false statement intended to influence or persuade;
(5) knowingly and continually makes flagrant misrepresentations or knowingly condones false promises by its cemetery agents or salesmen;
(6) wilfully violates this chapter or regulations promulgated by the board;
(7) acts in a fraudulent manner, whether of the same or a different character than specified in this section;
(8) fails to make required contributions to the care and maintenance trust fund or any other funds required to be established and maintained by this chapter.
Section 40-8-160. Upon a determination by the board that one or more of the grounds for disciplining a licensee exist, as provided for in Sections 40-8-150 and 40-1-110, the board may, in addition to the
Section 40-8-170. A licensee who is under investigation for any of the grounds provided for in Section 40-8-150 for which the board may take disciplinary action may voluntarily surrender his license to the board in accordance with the provisions of Section 40-1-150.
Section 40-8-180. A person aggrieved by any action of the board may seek review of the decision in accordance with the provisions of Section 40-1-160.
Section 40-8-190. A person who operates a cemetery in this State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or more than ten thousand dollars or imprisoned not less than thirty days or more than twelve months, or both.
Section 40-8-200. The provisions of this chapter do not apply to governmental cemeteries, nonprofit cemeteries, church cemeteries, nature preserve cemeteries, or family burial grounds.
Section 40-8-210. (A) A perpetual care cemetery licensed by the South Carolina Cemetery Board and operating in good standing on June 30, 1990, may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board.
(B) A perpetual care cemetery established between July 1, 1990, and the effective date of this chapter may continue to operate and must be granted a license by the South Carolina Perpetual Care Cemetery Board, provided an Irrevocable Care and Maintenance Trust Fund Agreement with a trust institution doing business in this State has been properly entered into by the perpetual care cemetery, and a copy of the same is on file with the board.
(C) Effective January 1, 2003, all perpetual care cemeteries must be operated in accordance with the provisions of this chapter.
Section 40-8-220. (A) A cemetery company which offers free burial rights to a person or group of persons, at the time of the offer, clearly shall state all conditions upon which the offer is made.
(B) Cemeteries must be maintained to present a cared-for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed
(C) Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designations of parts of cemeteries for the specific use of persons whose religious code requires isolation.
Section 40-8-230. If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Section 40-8-240. Except as provided in Section 40-8-200, no person including a cemetery company is permitted to establish a new public cemetery unless it is a perpetual care cemetery that meets all requirements of this chapter."
B. (A) As of October 1, 1992, the State Cemetery Board was not reauthorized by the General Assembly, and pursuant to Section 1-20-50(a)(4) of the 1976 Code, terminated on June 30, 1990.
(B) Chapter 55 of Title 39 of the 1976 Code is, therefore, repealed.
C. This section takes effect January 1, 2003.
SECTION 11. This act takes effect July 1, 2002, except as otherwise provided for in this act. /
Amend title to conform.
/s/Thomas C. Alexander /s/Harry F. Cato Clementa C. Pinckney /s/William E. Sandifer, III /s/Robert L. Waldrep /s/Donny Wilder On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., May 23, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND
Received as information.
Columbia, S.C., May 23, 2002
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3959 (Word version) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES TO OBTAIN A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY USE THE ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE.
and has ordered the Bill enrolled for Ratification.
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 concurs in the amendments proposed by the Senate to:
H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT, TO PERMANENTLY CODIFY CERTAIN PROVISOS APPEARING IN PART IB OF THE ANNUAL APPROPRIATION ACT. (ABBREVIATED TITLE)
and has ordered the Bill enrolled for Ratification.
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 concurs in the amendments proposed by the Senate to:
H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN
Received as information.
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH
The House returned the Bill with amendments.
Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.
Senator COURSON proposed the following amendment (NBD\11814AC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator SETZLER proposed the following amendment (SETZLER-TECH), which was adopted:
Amend the bill, as and if amended, by adding and appropriately numbered SECTION to read:
/SECTION ____. SECTION 59-53-1710 of the 1976 Code is amended to read:
"Section 59-53-1710. There is created, as an administrative agency of Richland and Lexington Counties, the Midlands Technical College Commission. The commission is composed of twelve members who must be appointed by the Governor for a term of four years as follows: eight seven members must be appointed upon the recommendation of a majority of the legislative delegation representing Richland County, and four five members must be appointed upon the recommendation of a majority of the legislative delegation representing Lexington County. Members may not serve more than two consecutive terms. A member serving on July 1, 1994 2002, may serve until the expiration of the term for which he was elected and may serve two additional terms. If a vacancy occurs a successor must be appointed in the same manner as the original appointment for the unexpired portion of the term. Any member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. Members serve until their successors are appointed and qualify, but any delay in appointing a successor does not extend the term of the succession. The members of the commission shall receive per diem as provided for members of boards, commissions, and committees and actual expenses incurred in the performance of their duties. As soon as the initial appointments have been made, the commission shall elect from its membership a chairman, a vice chairman, a treasurer, and a secretary to serve for terms of two years and until their successors are elected and qualify. The office of chairman must be rotated among the representatives of the two counties. If the office of chairman becomes vacant, a successor must be elected for the remainder of the term and must be from the members representing the same county as the former chairman. The same rotation must be applied to the office of vice chairman, but the practice of rotating the office of vice chairman may be dispensed with if, by three-fourths vote, the commission finds that the rotation is impracticable."/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator PATTERSON proposed the following amendment (PATTERSON-1131), which was adopted:
Amend the bill, as and if amended, page 6, line 31 by deleting the words / each such county. /
and inserting:
/ both counties. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following amendment (SETZLER - AIRPORT), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ___. Section 55-11-320 of the 1976 Code is amended to read:
"Section 55-11-320. The corporate powers and duties of the Richland-Lexington Airport District must be exercised and performed by a commission to be known as Richland-Lexington Airport Commission. The commission must be composed of ten thirteen members to be appointed by the Governor as follows: four five members must be appointed upon the recommendation of a majority of the Lexington County Legislative Delegation, four five members must be appointed upon the recommendation of a majority of the Richland County Legislative Delegation, and two three members must be appointed upon the recommendation of the City Council of the City of Columbia. The members of the commission shall serve for terms of four years and until their successors are appointed and qualify. Members may not serve more than two consecutive terms. A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms. In the event of a vacancy for any reason, other than the expiration of a term, a successor must be appointed in the same manner of the original appointment for the balance of the unexpired term. Any member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 65 (Word version) -- Senators Mescher, Reese and Branton: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE NO SPECIAL ELECTION IS REQUIRED TO BE CONDUCTED IF ONLY ONE CANDIDATE OFFERS FOR AN OFFICE AND NO ONE PUBLICLY ANNOUNCES AN INTENTION TO OFFER FOR THAT OFFICE AS A WRITE-IN CANDIDATE BY TWO WEEKS AFTER THE FILING FOR THAT OFFICE HAS CLOSED AND TO PROVIDE FOR THE APPLICABILITY TO MUNICIPAL GENERAL ELECTIONS.
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 (65R001.LAM), which was adopted:
Amend the bill, as and if amended, page 4, line 6, by deleting the word / fifteenth / and inserting:
/ tenth /
Amend the bill further, as and if amended, page 4, line 7, by deleting the word / fifteenth / and inserting:
/ tenth /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.
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 HAYES proposed the following amendment (887R001.RWH), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 4-10-330(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(C) Upon receipt of the ordinance, the county election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a The referendum for this purpose must be held at the time of the general election unless the vote is to reimpose a tax in existence at the time of such vote, in which case the referendum may be held on a general election day or at a time the governing body of the county and the Department of Revenue determine necessary to permit the tax to be reinstated and continue without interruption. The choice of election times rests with the governing body of the county. Two weeks before the referendum the election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with the list of projects and the cost of the projects. This notice is in lieu of any other notice otherwise required by law."
SECTION 2. Section 4-10-340 of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"Section 4-10-340. (A) If the sales and use tax is approved in the referendum, the tax is imposed on the first of May following the date of the referendum. If the reimposition of an existing sales and use tax imposed pursuant to this article is approved in the referendum, the new tax is imposed immediately following the termination of the earlier imposed tax. If the certification is not timely made to the Department of Revenue, the imposition is postponed for twelve months.
(B) The tax terminates on the earlier of:
(1) the final day of the maximum time period specified for the imposition; or
(2) the end of the calendar month during which the Department of Revenue determines six weeks after the date the Department of Revenue formally notifies the governing body of the county that the department has determined that the tax has raised revenues sufficient to provide the net proceeds equal to, or but in no case greater than, the amount specified in the referendum question.
(C) Amounts collected in excess of the required net proceeds must first be applied, if necessary, to complete a project for which the tax was imposed; otherwise, the excess funds must be credited to the general fund of the governmental entities receiving the proceeds of the tax, in the proportion which they received the net proceeds of the tax while it was imposed."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senator PINCKNEY proposed the following amendment (BBM9175HTC02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Section 4-10-330(A)(3) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(3)(a) If the county proposes to issue bonds to provide for the payment of any costs of the projects, the maximum amount of bonds to be issued, whether the sales tax proceeds are to be pledged to the payment of the bonds and, if other sources of funds are to be used for the projects, specifying the other sources;
(b) the maximum cost of the project or facilities funded from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax, or portion of the project or portion of the facilities, to be funded from proceeds of the tax or bonds issued as provided in this article and the maximum amount of net proceeds expected to be used to pay the cost or debt service on the bonds, as the case may be; and"
B. Section 4-10-330(C) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(C) Upon receipt of the ordinance, the county election commission must shall conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. If the ordinance is received prior to October 1, 1997, a referendum for this purpose may be held on Tuesday, November 4, 1997; however, if the ordinance is received on October 1, 1997, or thereafter, a A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission
C. Section 4-10-330(D) of the 1976 Code, as added by Act 138 of 1997, is amended by adding a paragraph at the end to read:
"If the referendum includes the issuance of bonds, the question must be revised to include the principal amount of bonds proposed to be authorized by the referendum and the sources of payment of the bonds if the sales tax approved in the referendum is inadequate for the payment of the bonds."
D. Section 4-10-340(B)(2) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(2) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the net proceeds equal to or greater than the amount specified in the referendum question the end of the calendar quarter during which the Department of Revenue receives a certificate under Section 4-10-360 indicating that no more bonds approved in the referendum remain outstanding that are payable from the sales tax and that all the amount of the costs of the projects approved in the referendum will have been paid upon application of the net proceeds during this quarter."
E. Section 4-10-360 of the 1976 Code, as amended by Act 93 of 1999, is further amended to read:
"Section 4-10-360. The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer in the county area in which the tax is imposed and the revenues must be used only for the purposes stated in the imposition ordinance. The State Treasurer may correct misallocations by adjusting
F. Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor and applies with respect to referenda held on or after that date. A county holding a referendum and adopting an ordinance pursuant to Article 3, Chapter 10, Title 4 of the 1976 Code, before the effective date of this section in which the ordinance provides that the proceeds of the sales tax would be used to repay bonds issued to fund project costs may continue to collect the tax and apply the revenue to the repayment of the bonds while any of these bonds remain outstanding, but in no event may the tax be collected for any period longer than the maximum term of the tax provided in the referendum. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 1157 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN OCONEE COUNTY AND WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER THAT IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS ELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER IN SPITE OF
The House returned the Bill with amendments.
On motion of Senator GIESE, 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. 668 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-27-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING PARAGRAPHS TO SPECIFICALLY NAME NATIVE AMERICAN TRIBES AND TO AUTOMATICALLY COVER EMPLOYING UNITS LIABLE UNDER THE FEDERAL UNEMPLOYMENT TAX ACT; TO AMEND CHAPTER 27, TITLE 4, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, BY ADDING SECTION 41-27-235 TO PROVIDE NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO CLARIFY THAT AN APPOINTED SUCCESSOR OF AN ELECTED OFFICIAL IS CONSIDERED THE SAME AS AN ELECTED OFFICIAL AND TO ADD AN EXEMPTED EMPLOYMENT DEFINITION PERTAINING TO NATIVE AMERICANS; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS, TO REDUCE THE INITIAL TWENTY-FOUR MONTH RATING PERIOD TO TWELVE MONTHS AND TO ONCE A YEAR; TO AMEND SECTION 41-31-60, RELATING TO DELINQUENT REPORTS, TO REDUCE THE EMPLOYER DELINQUENT REPORT PENALTY FROM FIVE AND FOUR-TENTHS TO TWO AND SIXTY-FOUR HUNDREDTHS PERCENT; TO AMEND SECTION 41-31-110, RELATING TO COMPUTATION RATES APPLICABLE TO SUCCESSORS, TO REDUCE THE SUCCESSOR RATING PERIOD TO ONCE A YEAR; TO AMEND SECTION 41-31-160, RELATING TO FREQUENCY OF CONTRIBUTION REPORTS, TO REQUIRE ELECTRONIC WAGE REPORTS FOR EMPLOYERS REPORTING TWO HUNDRED FIFTY OR MORE
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, 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. 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.
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. 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, W.D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend,
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
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.
H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator SETZLER proposed the following amendment (NGS-LIBRARYALCOHOL), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Section 61-6-120 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 61-6-120. (A) The department shall not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any church, school, or playground, or public library situated within a municipality or within
(1) 'Church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) 'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) 'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation; and
(4) 'Public library' means a state or local library which is open to the general public. Libraries that are part of secondary schools or colleges, universities, or technical schools are considered to be a part of the school for purposes of this provision.
The above restrictions do not apply to (1) the renewal of licenses and or (2) they do not apply to new applications for locations which are licensed at the time the new application is filed with the department an application for a location which has been licensed at any time during a five-year period preceding the date of the application.
(B) An applicant for license renewal or for a new license at an existing location shall pay a five-dollar certification fee to determine if the exemptions provided for in subsection (A) apply." /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following amendment (JUD4426.002), which was adopted:
Amend the bill, as and if amended, page 2, line 9, by striking line 9 and inserting therein the following:
/ subsection is in addition to the petition method provided in subsection (C). /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 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.
Senator WALDREP asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator WALDREP proposed the following amendment (JUD5048.007), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 17, by striking SECTIONS 5-8 and inserting therein the following:
/ SECTION 5. Section 20-7-510 of the 1976 Code, as last 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,
( ) 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 IV 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 6. Section 20-7-650 of the 1976 Code, as last 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 III 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
(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 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. The department shall not delete from its data system or records information indicating that the person was the subject of the report. The department's data system and records must clearly record the results of the court or administrative proceeding. If the case record and data system included a designation with the name of the subject of the report indicating that the person committed the abuse or neglect, that designation must be removed following the determination that there is not a preponderance of evidence that the subject of the report committed an act of child abuse or neglect.
(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, or Category IV.
(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.
(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) Category III 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.
(4) Category IV 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
(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".
(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 III unfounded report pursuant to subsection (C);
(4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;
(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 subsection (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
(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
(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) 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 7. Section 20-7-655 of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"Section 20-7-655. (A) The Department of Social Services shall purpose of this section is to provide a child protective services appeals process for review of indicated reports that have been indicated pursuant to Section 20-7-650 and are not otherwise being brought before the family court for disposition and for reports indicated and entered in the Central Registry pursuant to Section 20-7-670 and not 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. This process is available only to the person determined to have abused or neglected the child.
(B) The state director shall appoint a child protective services appeals committee hearing officer to conduct a contested case hearing 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 The hearing officer shall prepare recommended findings of fact and conclusions of law for review by the state director or the state director's designee who shall render the final decision. The designee under this subsection must not be a person who was involved in making the original case decision or who conducted the interim review of the original case decision. The purpose of the hearing is to determine whether there is a preponderance of evidence that the appellant was responsible for abuse or neglect of the child.
(C) When the department determines that an appeal hearing is needed pursuant to Section 20-7-690(J), it shall 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. If a person requests an appeal under this section and the family court has determined that the person is responsible for abuse or neglect of the child, an appeal pursuant to this
(D) If the department determines that a report of suspected child abuse or neglect is indicated and the case will not be brought before department is not taking the case to the family court for disposition, or if the case was entered in the Central Registry pursuant to Section 20-7-670 and the department is not taking the case to family court for disposition, the department must shall provide notice of the case decision by certified mail to the subject of the report by certified mail person determined to have abused or neglected the child. The notice must inform the subject of the report person 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 department of his intent in writing within thirty days of receipt of the notice. The notice also must advise the person that the appeal process is for the purpose of determining whether a preponderance of evidence supports the case decision that the person abused or neglected the child. If the subject of the report person 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 person and the case decision becomes the affirmative determination final.
(E) Within fourteen days after receipt of a notice of intent to appeal, an appropriate official of the department designated by the director must conduct 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 contested case hearing. If the official conducting the interim review decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the interim review results in a reversal of the decision that supports that entry, the person's name must be removed from the Central Registry.
(F) The child protective services appeals committee shall 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 determination, the subject has the right to judicial review in the family court of the jurisdiction in which the case originated. After a contested case hearing, if the state director or the director's designee decides that the determination against the appellant is not supported by a preponderance of evidence, this decision must be reflected in the department's case record and database as provided in Section 20-7-650(G)(2) or (3). If the person's name was in the Central Registry as a result of a determination pursuant to Section 20-7-670 and the state director or the director's designee reverses the decision that supports that entry, the person's name must be removed from the Central Registry. If the state director or the director's designee affirms the determination against the appellant, the appellant has the right to seek judicial review in the family court of the jurisdiction in which the case originated.
(G) Proceedings for judicial review may be instituted by filing An appellant seeking judicial review shall file a petition in the family court within thirty days after the final decision of the department. Copies The appellant shall serve a copy of the petition must be served upon the department and all parties of record. Judicial review must be conducted by. The family court shall conduct a judicial review 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 the decision of the department that a preponderance of evidence shows that the subject of the report appellant abused or neglected the child should be affirmed or reversed. 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
(I) 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 8. Section 20-7-680 of the 1976 Code, as last amended by Act 132 of 1997, is further 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
(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 of indicated cases 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 case' 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 must not be used for screening potential employees or volunteers of any public or private entity, except as specifically provided by Section 20-7-690 or as otherwise provided by statute. However, nothing in this section prevents the department from using other information in its records when making decisions associated with administration or delivery of the department's programs and services." /
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 ordered returned to the House with amendments.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
S. 1303 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
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.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:
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.
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.
H. 5239 (Word version) -- Rep. Townsend: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED
On motion of Senator WALDREP, H. 5239 was ordered to receive a third reading on Wednesday, May 29, 2002.
H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO
On motion of Senator COURSON, with unanimous consent, H. 4429 was ordered to receive a third reading on Wednesday, May 29, 2002.
H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
Senator KUHN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 4835 (Word version) -- Reps. Carnell, Keegan, Harrell, A. Young and Quinn: A BILL TO AMEND SECTION 2-47-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL PERMANENT IMPROVEMENT PROGRAM WHICH IS REQUIRED TO BE SUBMITTED TO THE JOINT BOND REVIEW COMMITTEE AND THE BUDGET AND CONTROL BOARD, SO AS TO CHANGE THE NAME OF THE SUBMISSION TO THE COMPREHENSIVE PERMANENT IMPROVEMENT PLAN WHICH WOULD SERVE AS AN OUTLINE FOR AN AGENCY'S PERMANENT IMPROVEMENT ACTIVITIES FOR THE NEXT FIVE-YEAR PERIOD; AND TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE SECTION 5 WHICH REQUIRES STATE AGENCIES AND INSTITUTIONS TO SUBMIT AN OVERALL PLAN SEEKING APPROVAL OF REQUESTS FOR FUNDING OF PERMANENT IMPROVEMENT PROJECTS OR OF THE ESTABLISHMENT AND IMPLEMENTATION OF PROJECTS
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEATHERMAN proposed the following amendment (SWB\5376DJC02), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION __. Section 2, subsection (E), item (f) of Act 28 of 1999, which added additional items to Act 1377 of 1968, is amended to read:
"(f) Department of Natural Resources
Florence HQ Building 500,000 900,000
Greenwood HQ Building 500,000 100,000"/
Renumber sections to conform.
Amend aggregate totals to conform
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4835 was ordered to receive a third reading on Wednesday, May 29, 2002.
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
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment GJK\21404SD02), which was adopted:
Amend the bill, as and if amended, by striking subsection (A) of Section 59-101-395 of the 1976 Code as contained in SECTION 1, and inserting:
/ (A) 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 assistance provided in this section is required with regard to courses not completed. A complete refund of tuition and academic fees as are assessed against all students at the institution shall be granted to the student. The refund shall be distributed proportionately to the student after considering other resources received by the student for paying applicable tuition and fee charges. The proportionate distribution shall take into account appropriate federal and state regulations governing resources received by the student. Proportionate refunds of room and board, if applicable, and other special fees which were paid to the institution must be provided to the student, based on the date of withdrawal. If an institution contracts for room and board services covered by fees which have been paid by and refunded to the student, the contractor shall provide a pro rata refund to the institution. If the institution has a policy of repurchasing textbooks, students must be offered the maximum price, based on condition, for the textbooks associated with the courses. /
Renumber sections to conform.
Amend title to conform.
Senator GIESE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 5291 (Word version) -- Reps. Bingham, Huggins and Riser: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators KNOTTS and SETZLER proposed the following amendment (DKA\3042MM02), which was adopted:
Amend the bill, as and if amended, page 2, by deleting SECTION 2 and inserting:
/ SECTION 2. Used watercraft and outboard motors obtained from a licensed boat dealer or an individual on or after October 3, 2000, are free and clear of the lien for property taxes for Lexington County property tax years before the 2000 property tax year. The Lexington County Treasurer or other appropriate official charged with the collection of delinquent ad valorem taxes shall seek the collection of the delinquent taxes on the used watercraft or outboard motor only from the previous owner, not including the licensed boat dealer. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SETZLER, with unanimous consent, H. 5291 was ordered to receive a third reading on Wednesday, May 29, 2002.
H. 4771 (Word version) -- Reps. Keegan, Knotts, Hosey, Whipper, Clyburn, Frye, Gourdine, J. Hines, Kelley, Leach, Littlejohn and Whatley: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED CONCERNING THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO ADD THE DEFINITION OF "EMERITUS ARCHITECT"; TO AMEND SECTION 40-3-230, RELATING TO QUALIFICATIONS FOR LICENSURE AS AN ARCHITECT, SO AS TO INCLUDE THE CANADIAN ARCHITECTURAL CERTIFICATION BOARD AS AN ACCREDITING BODY OF SCHOOLS OR PROGRAMS FOR ARCHITECTS; TO AMEND SECTION 40-3-250, RELATING TO LICENSE RENEWAL REQUIREMENTS, SO AS TO EXEMPT EMERITUS ARCHITECTS FROM CONTINUING EDUCATION REQUIREMENTS UNLESS RETURNING TO ACTIVE PRACTICE; TO ADD SECTION 40-3-255 SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO ESTABLISH THE SOUTH CAROLINA ARCHITECTURE EDUCATION AND RESEARCH FUND, TO ALLOCATE REVENUE FROM RENEWAL FEES TO THE FUND, AND TO PROVIDE FOR THE PURPOSES OF THE FUND; AND TO AMEND SECTION 40-3-290, RELATING TO THOSE PERSONS AND ACTIVITIES EXEMPT FROM LICENSURE AND REGULATION AS AN ARCHITECT, SO AS TO REVISE A BUILDING CODE REFERENCE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HAYES proposed the following amendment (NBD\11835AC02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Chapter 23 of Title 59 of the 1976 Code is amended by adding:
School Building Codes, Specifications, and Inspections
Section 59-23-510. All construction, improvement, and renovation of public school buildings and property on or after the effective date of this section shall comply with the latest applicable standards and specifications set forth in:
(1) the building code, plumbing code, mechanical code, standard gas code, fire code, and successor codes promulgated by the Southern Building Codes Congress International, Inc.;
(2) the Model Energy Code as published by the Council of American Building Officials;
(3) the National Electrical Code as published by the National Fire Protection Association; and
(4) the applicable standards as specified and modified in the South Carolina School Facilities Planning and Construction Guide as published by the South Carolina Department of Education.
Section 59-23-520. All construction, improvements, and renovation of public school buildings and property shall be inspected by the State Superintendent of Education or the superintendent's designee for compliance with the applicable codes and standards.
A certificate of occupancy must be obtained from the State Superintendent of Education or the superintendent's designee before any such building may be occupied. The certificate of occupancy must be reviewed and approved by the State Fire Marshal before it may be issued by the Superintendent of Education or the superintendent's designee."
B. Article 1, Chapter 23 of Title 59 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was carried over.
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 AUTHORIZE SUSPENSION OF THE SENTENCE IMPOSED, EXCEPT MANDATORY MINIMUM SENTENCES WHERE APPLICABLE, UPON THE OFFENDER SATISFACTORILY COMPLETING AN APPROVED TREATMENT PROGRAM FOR BATTERERS, TO PROVIDE THAT THE SOLICITOR MAY NOT DROP A CRIMINAL DOMESTIC VIOLENCE CHARGE BEFORE TRIAL, TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A MINOR AND TO PROVIDE PENALTIES; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS NOT TO BE CONSIDERED FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT PERSONS CHARGED WITH CRIMINAL DOMESTIC VIOLENCE OFFENSES UNDER TITLE 16, CHAPTER 25 MAY NOT BE CONSIDERED FOR THIS PROGRAM; AND TO AMEND SECTION 22-5-510, AS AMENDED, RELATING TO BOND HEARINGS AND THE RELEASE OF DEFENDANTS, SO AS TO REQUIRE A MAGISTRATE TO HOLD A DEFENDANT IN A CASE INVOLVING CRIMINAL DOMESTIC VIOLENCE FORTY-EIGHT HOURS AFTER ARREST, UPON GOOD CAUSE SHOWN AT THE BOND HEARING.
Senator FORD asked unanimous consent to take the Bill up for immediate consideration.
Senator HUTTO objected to further consideration of the Bill.
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 CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator GROOMS proposed the following amendment (SWB\5445ZCW02):
Amend the bill, as and if amended, by adding immediately following line 6 on page 2:
/ "Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 shall not apply to a franchise automobile dealer or a nonfranchise automobile dealer owned by a franchise automobile dealer.
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator FAIR objected to further consideration of the Bill.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 28, 2002, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R374, S. 996 (Word version)) -- Senators Courson, Drummond, Hayes, Alexander, Anderson, Bauer, Branton, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Holland, Hutto, Jackson, 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 JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
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(R375, S. 1167 (Word version)) -- Senators Pinckney and Richardson: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLES 35 AND 36, SO AS TO PROVIDE FOR THE ISSUANCE OF "PENN CENTER" SPECIAL LICENSE PLATES, AND "SOUTH CAROLINA NURSES" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF BOTH SPECIAL LICENSE PLATES.
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(R376, H. 3286 (Word version)) -- Rep. Davenport: AN ACT TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.
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(R377, H. 3473 (Word version)) -- Reps. J.R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D.C. Smith: AN ACT TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL
(R378, H. 3640 (Word version)) -- Rep. Rice: AN ACT TO AMEND SECTION 12-28-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF "C" FUND GASOLINE TAX REVENUES TO COUNTIES, SO AS TO DELETE OBSOLETE PROVISIONS, PROVIDE FOR THE DISTRIBUTION OF EARNINGS ON THE COUNTY TRANSPORTATION FUND, RAISE FROM ONE TO TWO THOUSAND DOLLARS THE AMOUNT WHICH MAY BE USED FOR THE EXPENSES OF THE COUNTY TRANSPORTATION COMMITTEE, CLARIFY THAT THE DEPARTMENT OF TRANSPORTATION ADMINISTERS ALL FUNDS EXPENDED ON THE STATE HIGHWAY SYSTEM EXCEPT WHERE THE DEPARTMENT OF TRANSPORTATION HAS GIVEN EXPLICIT AUTHORITY TO ADMINISTER THESE FUNDS TO SOME OTHER JURISDICTION OR AGENT ACTING ON BEHALF OF THE COUNTY TRANSPORTATION COMMITTEE, REQUIRE THE TWENTY-FIVE PERCENT OF A COUNTY'S "C" FUNDS WHICH MUST BE USED ON THE STATE HIGHWAY SYSTEM TO BE BASED ON A BIENNIAL AVERAGING OF EXPENDITURES, CLARIFY THE USE OF "C" FUND REVENUES, ELIMINATE BID PREFERENCES NOT REQUIRED BY STATE OR FEDERAL LAW FOR COUNTIES ADMINISTERING THEIR OWN "C" FUNDS, TO LIMIT UNCOMMITTED "C" FUNDS WHICH MAY BE CARRIED FORWARD TO THREE HUNDRED PERCENT OF A COUNTY'S
(R379, H. 3749 (Word version)) -- Reps. J.E. Smith and Weeks: AN ACT 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.
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(R380, H. 3905 (Word version)) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD; AND TO AMEND SECTION 22-5-530, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT
(R381, H. 3959 (Word version)) -- Reps. Rodgers, Simrill, Gilham, Hosey, Owens, Sinclair, G.M. Smith, Stille, Talley and Weeks: AN ACT TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT A PERSON WHO MUST COMPLETE AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM AS A CONDITION OF REINSTATEMENT OF HIS DRIVING PRIVILEGES MAY USE A ROUTE RESTRICTED OR SPECIAL RESTRICTED DRIVER'S LICENSE TO ATTEND ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES IN ADDITION TO THE OTHER PERMITTED USES OF EITHER DRIVER'S LICENSE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR EITHER HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION OR FOR OPERATING A VEHICLE WITH CERTAIN UNLAWFUL ALCOHOL CONCENTRATIONS, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE SPECIAL RESTRICTED DRIVER'S LICENSE WHOSE SUSPENSION IS UPHELD AT AN ADMINISTRATIVE HEARING SHALL PERMIT THE HOLDER OF THE DRIVER'S LICENSE TO DRIVE TO AND FROM HIS ALCOHOL AND DRUG SAFETY ACTION PROGRAM CLASSES, TO REVISE THE CONDITIONS UPON WHICH A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE ISSUED,
(R382, H. 4260 (Word version)) -- Reps. Sharpe and Ott: AN ACT TO AMEND CHAPTER 5, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE DEFINITIONS AND ADD NEW DEFINITIONS, TO PROHIBIT THE SALE OF OFFSPRING BORN TO A CARNIVORE OR OTHER ANIMAL CROSSBRED WITH A WILD CARNIVORE, TO RESTRICT PUBLIC EXHIBITIONS OF WILD CARNIVORES AND OTHER ANIMALS FOR WHICH A RABIES VACCINE DOES NOT EXIST, TO REVISE RABIES REPORTING REQUIREMENTS, TO CHANGE THE TIME WITHIN WHICH A PHYSICIAN IS REQUIRED TO REPORT AN ANIMAL BITE FROM TWELVE HOURS TO THE NEXT WORKING DAY, TO REVISE QUARANTINE REQUIREMENTS, AND TO REVISE THE PUNISHMENT FOR CHAPTER VIOLATIONS TO THE MAXIMUM PENALTIES.
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(R383, H. 4386 (Word version)) -- Reps. Witherspoon, Littlejohn, W.D. Smith, Vaughn, Altman, Walker and Knotts: AN ACT 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
(R384, H. 4514 (Word version)) -- Reps. McGee, Knotts, Bingham, Coates, Koon, Lourie and Whatley: AN ACT 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 TO AMEND SECTION 23-6-445, RELATING TO CERTIFICATES AS A LAW ENFORCEMENT OFFICER BEING ISSUED TO CERTAIN RETIRED LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT A RETIRED SOUTH CAROLINA OR FEDERAL LAW ENFORCEMENT OFFICER WHO MEETS CERTAIN QUALIFICATIONS MUST BE ISSUED A CERTIFICATE
(R385, H. 4516 (Word version)) -- Reps. Sharpe, Witherspoon and Ott: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 120 OF 2001, RELATING TO ESTABLISHMENT OF A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL, SO AS TO EXTEND THE THREE-YEAR PILOT PROJECT TO SIX YEARS AND PROVIDE THAT UNTIL JULY 1, 2007, ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL.
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(R386, H. 4701 (Word version)) -- Rep. Harrison: AN ACT TO AMEND SECTIONS 59-121-310, 59-121-350, AND 59-121-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITADEL ATHLETIC FACILITIES BONDS AND THE REVENUE WHICH THE CITADEL MAY PLEDGE AS SECURITY FOR THESE BONDS, SO AS TO CLARIFY THAT THE CITADEL MAY PLEDGE THE PROCEEDS OF THE ADMISSIONS FEES AND THE SPECIAL STUDENT FEES AS SECURITY FOR THESE BONDS WITHOUT PLEDGING THE REVENUE DERIVED FROM THE OPERATION OF THE ATHLETIC DEPARTMENT, AND TO MAKE TECHNICAL CORRECTIONS.
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(R387, H. 4852 (Word version)) -- Rep. Cato: AN ACT TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.
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(R388, H. 4879 (Word version)) -- Ways and Means Committee: AN ACT TO ENACT THE BUDGET PROVISO CODIFICATION ACT BY REPEALING SECTION 59-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, REQUIRING FUNDING EQUAL TO THE 1994-95 APPROPRIATION TO BE APPROPRIATED TO THE DEPARTMENT OF EDUCATION ANNUALLY TO OFFSET ANY REDUCTION SUFFERED BY SCHOOL DISTRICTS DUE TO A CHANGE IN THE DISTRIBUTION OF EMPLOYEE CONTRIBUTION FUNDS; BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR THE USE OF LAPSED FUNDS IN THE EVENT OF AN EIA REVENUE SHORTFALL AND THE ORDER IN WHICH THE LAPSED FUNDS ARE APPLIED FOR EIA PURPOSES, TO PROVIDE THAT LAPSED FUNDS REMAINING AFTER EIA PURPOSES ARE FUNDED MUST BE DISTRIBUTED TO SCHOOL DISTRICTS FOR FUNDING OF SCHOOL BUILDINGS, AND TO EXEMPT EIA APPROPRIATIONS FOR TEACHER SALARIES AND RELATED FRINGE BENEFITS FROM REDUCTIONS ORDERED TO OFFSET AN OFFICIAL EIA REVENUE SHORTFALL; BY ADDING SECTION 59-5-71 SO AS TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS ON A UNIFORM SCHOOL TERM BEGINNING DATE; BY ADDING SECTION 59-103-55 SO AS TO REQUIRE STATE-SUPPORTED PUBLIC FOUR-YEAR CAMPUSES OF INSTITUTIONS OF HIGHER EDUCATION TO HAVE EQUAL REPRESENTATION ON ALL COUNCILS, COMMITTEES, ADVISORY GROUPS, AND TASK FORCES OF THE COMMISSION ON HIGHER EDUCATION AND TO REQUIRE INDEPENDENT FOUR-YEAR COLLEGES TO HAVE REPRESENTATION ON COMMITTEES AND COMMISSIONS DEALING WITH HIGHER EDUCATION STATEWIDE ISSUES; BY ADDING SECTION 59-112-110, SO AS TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA'S AIKEN CAMPUS AND AIKEN TECHNICAL COLLEGE MAY OFFER IN-STATE TUITION TO A STUDENT WHOSE LEGAL RESIDENCE IS IN THE RICHMOND AND COLUMBIA COUNTY AREAS OF GEORGIA UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 59-103-162 SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION SHALL REVIEW ANNUALLY THE ACTIVITIES OF THE SOUTH CAROLINA MANUFACTURING EXTENSION PARTNERSHIP, MAKE A BUDGET RECOMMENDATION TO THE GENERAL
(R389, H. 4894 (Word version)) -- Rep. Townsend: AN ACT 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; 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 CERTAIN COMMERCIAL MOTOR VEHICLES 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; TO AMEND ARTICLE 5, CHAPTER 3,
(R390, H. 4912 (Word version)) -- Reps. McLeod and Davenport: AN ACT TO AMEND SECTION 40-23-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR.
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(R391, H. 5037 (Word version)) -- Reps. Cato and Tripp: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 38 SO AS TO ENACT THE "INVESTMENTS OF INSURERS ACT" TO PROVIDE FOR SPECIFIC PARAMETERS FOR INVESTMENT TRANSACTIONS AND INVESTMENT PRACTICES OF INSURANCE COMPANIES DOING BUSINESS IN THE STATE; AND TO REPEAL CHAPTER 11 OF TITLE 38 RELATING TO INVESTMENTS BY INSURERS.
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(R392, H. 5063 (Word version)) -- Reps. McLeod, McGee, McCraw, Owens, J.E. Smith, Merrill, Thompson, Bales, Breeland, G. Brown, J. Brown, Carnell, Clyburn, Coleman, Emory, Freeman, Hamilton, Harvin, J. Hines, Huggins, Kennedy, Limehouse, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Parks, Perry, Phillips, Riser, Rivers, Scarborough, Scott, Sheheen, D.C. Smith, J.R. Smith, Snow, Stille, Stuart, Tripp, Webb, Whatley and Wilder: AN ACT TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.
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(R393, H. 5132 (Word version)) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO RECORDING AND REPORTING
(R394, H. 5151 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R395, H. 5207 (Word version)) -- Reps. Kennedy, Snow and Harvin: AN ACT TO PROVIDE THAT THE TERMS OF THE TWO MEMBERS OF THE BOARD OF TRUSTEES OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT ELECTED AT LARGE SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS ACT AT WHICH TIME THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THE SEVEN MEMBERS ELECTED FROM THE SAME ELECTION DISTRICTS AS ARE MEMBERS OF THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
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THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
On motion of Senator MARTIN, with unanimous consent, debate was interrupted by the recess, with Senator McCONNELL retaining the floor.
At 1:20 P.M., on motion of Senator MARTIN, the Senate receded from business until 3:00 P.M.
The Senate reassembled, at 3:13 P.M., and was called to order by the PRESIDENT.
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 resumed consideration of the Bill, the question being the third reading of the Bill.
Senator McCONNELL resumed speaking on the Bill.
At 4:20 P.M., with Senator McCONNELL retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business not to exceed three minutes.
At 5:22 P.M., the Senate resumed.
Senator McCONNELL continued speaking on the Bill.
Senators HAWKINS and KUHN proposed the following Amendment No. P-1 (JUD5108.002), which was tabled:
Amend the amendment, Document No. JUD5108.001, as and if amended, page 7, in Section 58-3-5(2), as contained in SECTION 4, by striking Section 58-3-5(2) in its entirety and inserting therein the following:
/ (2) 'Immediate family' means an individual who is:
(a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, or daughter-in-law; or
(b) an individual claimed by the person or the person's spouse as a dependent for income tax purposes. /
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Elliott Fair Ford Giese Glover Grooms Hayes Holland Hutto Jackson Knotts Land Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Patterson Pinckney Ravenel Setzler Short Smith, J. Verne Thomas Waldrep
Bauer * Gregory Hawkins Kuhn Peeler Reese Richardson * Ritchie Ryberg Verdin
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senators McCONNELL and MOORE proposed the following Amendment P-2 (JUD5108.020), which was adopted:
Amend the amendment, Document No. JUD5108.001, as and if amended, page 8, in Section 58-3-15(A), as contained in SECTION 4, by striking Section 58-3-15(A) in its entirety and inserting therein the following:
/ Section 58-3-20 58-3-15. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For any election for a term beginning after June 30, 2004, the members must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between a student and an instructor prior to completion of the academic program,
(b) an institution of higher learning that has been accredited by a regional or national accrediting body, or
(c) institution of higher learning chartered before 1962, and
(2) must have a background of substantial duration and an expertise in at least one of the following:
(a) energy issues;
(b) telecommunications issues;
(c) consumer protection and advocacy issues;
(d) water and wastewater issues;
(e) finance, economics, and statistics;
(f) accounting;
(g) engineering; and
(h) law. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. P-4 (JUD5108.030), which was adopted:
Amend the amendment, Document No. JUD5108.001, as and if amended, page 23, by adding another code section at the end of SECTION 4 to read:
/ Section 58-3-150. A former commissioner must not be employed by a public utility for a period of one year following his service as a commissioner. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."/
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators McCONNELL, MOORE, HOLLAND, RAVENEL, VERDIN, KUHN and COURSON proposed the following Amendment No. 1 (JUD5108.001), which was adopted:
Amend the bill, as and if amended, page 1, line 18, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 1-3-240(C) of the 1976 Code is amended to read:
"(C) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(1) Workers' Compensation Commission;
(2) Commission of the Department of Revenue;
(3) Ethics Commission;
(4) Election Commission;
(5) Professional and Occupational Licensing Boards;
(6) Juvenile Parole Board;
(7) Probation, Parole and Pardon Board;
(8) Director of the Department of Public Safety;
(9) Board of the Department of Health and Environmental Control, excepting the chairman;
(10) Chief of State Law Enforcement Division.;
(11) South Carolina Lottery Commission; and
(12) Executive Director of the Office of Public Staff, upon compliance with the requirements of Section 58-4-30(F).
Upon the expiration of an officeholder's term, such the individual may continue to serve until a successor has been appointed and qualifies."
SECTION 2. The 1976 Code is amended by adding:
"Section 8-13-935. (A) No candidate for or person intending to become a candidate for the Public Service Commission (hereinafter candidate) may seek, directly or indirectly, the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the Public Service Commission until the qualifications of all candidates for that office have been determined by the Public Service Commission and Office of Public Staff Review Committee and the review committee has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. For purposes of this section, indirectly seeking a pledge means the candidate, or someone acting on behalf of and at the request of the candidate, requesting requests a person to contact a member of the General Assembly on behalf of the candidate before nominations are formally made by the review committee. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements or statement by the candidate detailing the candidate's qualifications.
(B) No member of the General Assembly may offer his pledge until the qualifications of all candidates for the Public Service Commission have been determined by the Public Service Commission and Office of Public Staff Review Committee and until the review committee has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly.
(C) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for the Public Service Commission.
(D) Violations of this section may be considered by the Public Service Commission and Office of Public Staff Review Committee when it considers the candidate's qualifications. Violations of this section by members of the General Assembly must be reported by the review committee to the House or Senate Ethics Committee, as may be applicable. Violations of this section by incumbent commissioners seeking reelection must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545."
SECTION 3. Part 6 of Chapter 6 of Title 37 of the 1976 Code is amended to read:
Division of Consumer Advocacy
Section 37-6-601. There is hereby created in the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as hereinafter provided.
Section 37-6-602. The consumer advocate may be the Administrator of Consumer Affairs or he may be appointed by the Administrator administrator with the approval of the Commission on Consumer Affairs. The consumer advocate shall must be an attorney qualified to practice in all courts of this State with a minimum of three years' practice experience.
Section 37-6-603. The Division of Consumer Advocacy shall must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office shall must be paid from appropriations provided annually in the State General Appropriation Act.
Section 37-6-604. (A) The Except as provided in subsection (C), the functions and duties of the Division of Consumer Advocacy are:
(1) To to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto and to provide legal representation of the consumer interest concerning Certificates of Need for health facilities and services, as required for an activity under Section 44-7-160, health care licensing procedures, and other health-related-matters.
(2) To to monitor existing regulations, rate structures, and policies of that agency of special interest to consumers and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State.
(3) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(4) To to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2) above, except that any proceedings initiated by the advocate must be brought on behalf of the public at large and not for individuals; initiation or continuation of any proceedings must be at the sole discretion of the consumer advocate.
(B) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(C) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003. Matters or appeals pending on June 30, 2003, shall be handled by the Consumer Advocate until June 30, 2005, when responsibility for such matters will be transferred to the Office of Public Staff.
Section 37-6-605. In the performance of his assigned functions the advocate shall must have reasonable access to records of all state agencies which are not classified by law as confidential, and all state agencies shall must cooperate with the advocate in the performance of his duties. In addition, the advocate shall must have reasonable access to confidential records and information, provided he enters a proprietary agreement to insure ensure their confidentiality. The South Carolina Department of Insurance and advocate also shall have access to records, information, and data of the insurance companies as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a rate making or other proceeding before the South Carolina Department of Insurance or the Public Service Commission, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the South Carolina Department of Insurance or the
Section 37-6-606. (1)(A) Whenever the advocate determines that it would be in the interest of consumers affected by regulatory agencies, he may file with the appropriate regulatory agency a petition requesting it to commence or complete a proceeding respecting any organization whose operations substantially affect the consumer interest.
(2)(B) The petition shall set forth must state facts which it is claimed claim to establish the need for the proceeding and a brief description of the substance of the order or amendment desired as a result of the hearing proceeding.
(3)(C) The regulatory agency may hold a public hearing or may conduct such investigation or proceeding as it deems considers appropriate in order to determine whether or not such the petition should be granted.
(4)(D) Within sixty days after the filing of the petition described in item (1) of this section subsection (A), the regulatory agency shall must either grant or deny the petition. If the agency grants the petition, it shall must promptly commence or complete the proceeding, as requested by the petition. If the agency denies the petition it shall must publish the reasons for such the denial.
(5)(E) If the regulatory agency denies the petition made under this section (or if it fails to grant or deny such the petition within sixty days), the petitioner may commence a civil action in the circuit court to compel the regulatory agency to commence or complete the proceeding
(6)(F) If the petitioner can demonstrate demonstrates to the satisfaction of the court that the failure of the agency to commence or complete the proceeding as requested in the petition was unreasonable, the court shall must order the agency to commence or complete the proceeding as requested in the petition.
(7)(G) In any action under this section, the court shall have has no authority to compel the agency to take any action other than the commencement or completion of a proceeding.
(H) The remedies under this subsection shall be are in addition to and not in lieu of other remedies provided by law.
(I) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-607. (A) The advocate shall be deemed is considered to have an interest sufficient to maintain actions for judicial review and may, as of right, and in the manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of an agency action that the consumer advocate determines may substantially affect the interests of consumers.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-608. (A) To the extent necessary to carry out the consumer advocacy responsibilities, the advocate may in addition to a regular staff, employ temporary, professional, technical, or research specialists to assist in preparing and presenting cases. The compensation paid to such persons may be commensurate with compensation generally paid by the regulated industry for such these specialists, but shall not exceed the appropriation made for such purposes.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003.
Section 37-6-609. (A) Decisions of the Consumer Advocate consumer advocate respecting whether, when, or how to initiate, continue, or intervene in proceedings under Sections 37-6-601 to 37-6-608, shall must be in the sole discretion of the Consumer Advocate consumer advocate except as modified by order of a Court court of competent jurisdiction.
(B) After June 30, 2003, the division is not responsible for representing consumers in matters arising under Title 58 of the South Carolina Code of Laws, including matters pending before state or federal regulatory agencies or courts, with the exception of matters pending on June 30, 2003, or any appeals of those matters pending on June 30, 2003."
SECTION 4. Article 1, Chapter 3 of Title 58 of the 1976 Code is amended to read:
General Provisions
Section 58-3-5. As used in this chapter and Chapter 4:
(1) 'A business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.
(2) 'Immediate family' means an individual who is:
(a) a child residing in the person's household;
(b) a spouse of the person; or
(c) an individual claimed by the person or the person's spouse as a dependent for income tax purposes.
(3) 'Commission' means the Public Service Commission.
(4) 'Hearing officer' means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.
(5) 'Public staff' means the executive director or the executive director and employees of the Office of Public Staff.
(6) 'Public utility' means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, motor vehicle carrier as defined
(7) 'Review committee' means the Public Service Commission and Office of Public Staff Review Committee.
Section 58-3-10. A commission is hereby established to be known as 'The Public Service Commission,' which shall be composed of seven members, whose powers over all transporting and transmitting corporations and public utilities and whose duties, manner of election, and term of office shall be prescribed by law. (A) The Public Service Commission as constituted under law in effect before May 15, 2002, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.
(B) Any case docketed for hearing before the commission prior to the effective date of this act shall continue to be under the jurisdiction of the commission until the case reaches final disposition at a hearing, with any ruling or adjudication of the commission binding. The rules of procedure and review for the commission in effect on the date of filing of the pending action remain in effect until the final disposition of the pending action, notwithstanding other provisions of this chapter.
Section 58-3-20 58-3-15. (A) The Public Service Commission shall be is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. For any election for a term beginning after June 30, 2004, the members must have a four-year baccalaureate degree or higher or more advanced degree from: (1) a recognized institution of higher learning requiring face-to-face contact, (2) an institution of higher learning that has been accredited by a regional or national accrediting body, or (3) institution of higher learning chartered before 1962, and must have a background of substantial duration and an expertise in at least one of the following:
(1) energy issues;
(2) telecommunications issues;
(3) consumer protection and advocacy issues;
(4) water and wastewater issues;
(5) finance, economics, and statistics;
(6) accounting;
(7) engineering; and
(8) law.
(B) Beginning in 2002, the members of the Public Service Commission must be elected to staggered terms. In 2002, the members
(C) The General Assembly shall must provide for the election of the seven member seven-member commission and elect its members thereto based upon the congressional districts established by the General Assembly. The elections held in 2002 and for any vacancies for a term beginning in 2002 must be based on the congressional districts established pursuant to the official United States Decennial Census of 1990. The elections held after 2004 must be based on the congressional districts established pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member seven-member commission.
Section 58-3-24 58-3-20. After January 1, 1981, no A member of the General Assembly or a member of his immediate family shall must not be elected to the Public Service Commission while that person the member is serving in the General Assembly; nor shall that person a member of the General Assembly or a member of his immediate family be elected to the Public Service Commission for a period of four years after he the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
Section 58-3-25. (A) Unless otherwise provided by law, no person may serve as a member of the Public Service Commission if the Public Service Commission regulates any business with which that person is associated.
(B) If the Public Service Commission regulates a business with which an employee of the Public Service Commission is associated, the employee annually must file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the Public Service Commission if the commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.
Section 58-3-30. (A) The commissioners are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, except as provided in Section 58-3-140. The State Ethics Commission is responsible for enforcement and administration of those rules pursuant to Section 8-13-320. In addition, the commissioners must comply with the requirements of the State Ethics Act in Chapter 13 of Title 8.
(B) Each year, the commissioners and their employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the Public Service Commission and Office of Public Staff Review Committee.
Section 58-3-26. Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, a review committee, composed of ten members, three of whom shall be members of the House of Representatives, three of whom shall be members of the Senate, two of whom shall be appointed by the President Pro Tempore of the Senate from the general public at-large, and two of whom appointed by the Speaker of the House of Representatives from the general public at-large shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective legislative members shall be selected. Provided, however, that in making appointments to the review committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The review committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The review committee shall conduct its screening pursuant to the provisions of Section 2-19-10 et seq.
The members of the general public appointed by the Speaker and the President Pro Tempore must be representative of all citizens of this State, must not be members of the General Assembly, and must not be affiliated in any way with an entity regulated by the commission.
In screening such persons for election to the Public Service Commission the joint committee shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In screening persons for election to the Public Service Commission, the joint committee shall consider the knowledge and
Section 58-3-30 58-3-40. The commissioners shall must take the oath of office provided by the Constitution and the oaths prescribed by law for State state officers. The Governor may fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been is elected by the General Assembly.
Section 58-3-40 58-3-45. (A) The Commission commission shall must elect one of their number to be chairman for a period of two years. The Commission shall be furnished with an office and necessary furniture and stationery and may employ a secretary or clerk
(B) The chairman is the chief executive and administrative officer of the commission.
(C)(1) Upon the request of any party or any commissioner, the commission must employ a hearing officer who must hear and determine procedural motions or petitions not determinative of the merits of the proceedings and made prior to hearing; and, at the hearing, shall make all rulings on motions and objections. If qualified pursuant to item (3), a commission staff attorney may serve as hearing officer.
(2) The hearing officer has full authority, subject to being overruled by the commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case.
(3) The hearing officer must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
Section 58-3-50. The clerk of the commission may administer oaths.
Section 58-3-60 58-3-55. The commission may employ technical, administrative, or clerical staff or other aid as may be necessary for its respective departments to carry out the provisions of Chapters 1 to 17, 21, 23, and 33 of this title and may fix the compensation for employment. The Commission may also employ and utilize administrative law judges or hearing officers to preside over rate hearings and other contested matters. The administrative law judge or hearing officer has full authority, subject to being overruled by the Commission, to rule on questions concerning the conduct of the case
(A) The commission is authorized and empowered to employ a chief clerk and deputy clerk; a commission attorney and assistant commission attorneys; a hearing officer; hearing reporters; transportation inspectors; pipeline safety inspectors; railway safety inspectors; and such other professional, administrative, technical, and clerical personnel as the commission determines to be necessary in the proper discharge of the commission's duty and responsibility as provided by law. The chairman must organize and direct the work of the commission staff. The salaries and compensation of all personnel must be fixed in the manner provided by law for fixing and regulating salaries and compensation by other state agencies.
(B) Subject to Section 58-3-580, the commission must be staffed and equipped to perform the functions set forth in this title except for those responsibilities and functions reserved to the Office of Public Staff. The expenses must be paid from the assessments collected pursuant to Section 58-3-70. The chairman, within allowed budgetary limits and as allowed by law, must authorize and approve travel, subsistence, and related expenses of personnel, incurred while traveling on official business.
(C) The commissioners have no authority to supervise the Office of Public Staff.
(D) The commission has no authority to inspect, audit, or examine public utilities. The inspection, auditing, and examination of public utilities is the sole responsibility of the Office of Public Staff.
Section 58-3-70 58-3-60. The chairman and members of the Commission commission shall must receive annual salaries payable in the same manner as the salaries of other state officers are paid. Each commissioner must devote full time to his duties as a commissioner, and must not engage in any other employment, business, profession, or vocation during the normal business hours of the Public Service Commission.
Section 58-3-80. The commissioners and their secretary shall be transported free of charge, when in the performance of the duties of their office concerning railroads, over all railroads and railroad trains in this State and they may take with them experts or other agents whose
Section 58-3-90 58-3-65. The Commission commission shall must meet at least once each month, and the chairman shall must call a meeting at any other time upon the written request of any two members of the Commission commission. A majority of the commissioners shall constitute constitutes a quorum for the transaction of all business pertaining to their office.
Section 58-3-95 58-3-67. Whenever a corporation or person furnishing heat, water, sewerage collection, sewerage disposal, or street railway service, or whenever a telephone utility with fewer than ten thousand customers as of the date of filing, files a schedule setting forth proposed changes with the Commission commission pursuant to the procedures prescribed in this title, a panel of three members of the Commission shall commission must hear and rule on the proposed changes. The chairman of the Commission shall commission must appoint the members of the panel.
Section 58-3-100 58-3-70. The expenses of the Transportation Department of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, and assessments to the carriers of household goods and hazardous waste for disposal carriers. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.
Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all All other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, and electric utilities as defined in Section 58-27-10, household goods carriers, hazardous waste for disposal carriers, and railway companies subject to under the commission's Public Service Commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue shall must assess each public utility company, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the Department of
The Public Service Commission shall certify to the South Carolina Department of Revenue annually on or before May first the amounts to be assessed.
The commission shall operate as an other-funded agency.
Section 58-3-110 58-3-75. The appropriation for the Public Service Commission's office shall must be advanced by the State until it shall have has been collected from the corporations liable therefor and, when collected, shall must be placed in the State Treasury state treasury.
Section 58-3-120. The Attorney General shall:
(1) represent and appear for the people of the State and the Commission in all actions and proceedings involving any question of general and public interest within the jurisdiction of the Commission and, if directed to do so by the Commission, intervene, if possible, in any action or proceeding in which any such question is involved;
(2) Commence, prosecute and expedite the final determination of all actions and proceedings directed or authorized by the Commission;
(3) Advise the Commission and each commissioner, when so requested, in regard to all matters connected with powers and duties of the Commission and the members thereof; and
(4) Generally perform all duties and service as attorney to the Commission which the Commission may require of him.
Section 58-3-130 58-3-80. Every State state department, board, and commission, and every officer or agent of the State shall must furnish to the Commission commission and Office of Public Staff, upon demand, for its inspection and for its confidential use any record filed with it or him or any information in their possession concerning the property values, operation, income, or other matter of any person doing business as a public utility in this State, as defined in Section 58-5-10, an electric utility or a motor vehicle carrier.
Section 58-3-140 58-3-85. (A) The Public Service Commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in this State.
(B) The Commission commission shall must develop and publish a policy manual, which shall must set forth guidelines for the administration of the Commission commission. All procedures shall must incorporate state requirements and good management practices to ensure the efficient and economical utilization of resources.
(C) The Commission commission shall must facilitate access to its general rate request orders in contested matters involving over one hundred thousand dollars by publishing an order guide which indexes and cross-references such orders issued after the effective date of this act by subject matter and case name. The order guide must be made available for public inspection.
(D) The Commission commission is authorized to and shall must promulgate regulations to require the direct testimony of witnesses appearing on behalf of utilities, and of witnesses appearing on behalf of persons having formal intervenor status, to be reduced to writing and prefiled with the Commission commission in advance of any hearing.
(E) Nothing in this section may be interpreted to repeal or modify specific exclusions from Public Service Commission jurisdiction found in Title 58 or any other titles.
Section 58-3-142 58-3-90. No member of the General Assembly or any member of a member's law-firm law firm shall appear before the Public Service Commission in any rate fixing proceeding representing any party in such the proceeding for any purposes including political purposes, and it shall be is the duty of the presiding commissioner or hearing officer to enforce the provisions of this section. Provided, however However, this section shall does not apply to any member of the General Assembly appearing as a witness on either side of any hearing.
Section 58-3-145. The Public Service Commission shall notify the Chief Justice of the South Carolina Supreme Court of all pending contested rate matters where the amount in controversy in such rate matters is in excess of one million dollars annually. The Chief Justice, when so notified or when otherwise requested to do so by the Chairman of the Commission, shall appoint a circuit judge to preside over the hearings in such cases. Such judge shall have full authority to rule on questions concerning the conduct of the case and the admission of evidence but shall not participate in the determination on the merits of any such case.
During the conduct of such hearings, the judge shall have the same authority to control the proceedings and the conduct of participants
Section 58-3-150 58-3-93. The Commission commission may investigate all existing or proposed interstate rates, fares, tolls, charges, and classifications and all rules and practices in relation thereto, for or in relation to the transportation of persons or property, when any act in relation thereto shall take takes place within this State. When the same are, in the opinion of the Commission commission, excessive or discriminatory or in violation of the act of Congress entitled 'An Act to Regulate Commerce,' approved February 4, 1887, and the acts amendatory thereof and supplemental thereto, or of any other act of Congress, or in conflict with the rulings, orders or regulations of the Interstate Commerce Commission, the Public Service Commission may apply by petition or otherwise to the Interstate Commerce Commission or to any court of competent jurisdiction for relief.
Section 58-3-160. The Commission may appear and participate in railroad abandonment, railroad extension or any other proceedings before the Interstate Commerce Commission, whenever, in the judgment of the Commission, such proceedings affect the welfare of the State and its people.
Section 58-3-170 58-3-95. In case of failure on their part to agree, the Commission commission shall must supervise and fix all agreements, contracts, rates, or the divisions thereof and rules and regulations between or among common carriers and telephone and telegraph companies, of whatever kind, placed under the control or supervision of the Commission commission.
Except insofar as rates, transactions affecting rates, or transactions affecting service areas are concerned, the provisions of this section do not apply to transactions between a telephone cooperative association and its subsidiary corporation or cooperative association.
Section 58-3-180 58-3-100. The Commission commission shall make such rules and must promulgate regulations as may be necessary to carry into effect effectuate the provisions of Section 58-3-170 58-3-95.
Section 58-3-190 58-3-105. All persons or corporations that are included within the definition of a 'public utility,' as defined in Section 58-5-10 as well as every a motor vehicle carrier Except for municipally-owned and operated utilities, all public utilities doing business in this State, except such as are those municipally owned and operated, shall must promptly, when required by the Public Service Commission, furnish to the Commission a full and detailed written
Section 58-3-200 58-3-110. If, in the judgment of the Commission commission, the information or reports referred to in Section 58-3-190 58-3-105 are not furnished within a reasonable time or the questions or interrogatories referred to in said section are not answered fully within a reasonable time or, if so furnished and answered, are not satisfactory to the Commission commission, the commission shall must give by written notice to such the person or corporation the particulars in which such information, reports, or answers to such the questions or interrogations are not satisfactory, and such the person or corporation shall have has a reasonable time in which to comply with the requirements of such the notice in the particulars therein mentioned in the notice.
Section 58-3-210 58-3-115. If it is desired for any reason to verify or recheck the information furnished under Sections 58-3-190 or 58-3-200 Section 58-3-105 or 58-3-110, the Commission commission, in person or by its agents, shall may request the Office of Public Staff to make such an examination of the books, papers, accounts, and records of and such the inspection of the properties of the persons referred to in Section 58-3-190 58-3-105 as shall be necessary to procure the information required. To that end the The Commission commission may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the Commission commission may designate and the expense of making such the necessary examination or inspection for the procuring of such the information shall must be paid by the party so examined or inspected, to be collected by the Attorney General on behalf of the Commission by suit or action, if necessary, except, that, if such the examination and inspection and the reports thereof disclose that a full and accurate response had previously been made pursuant to the requirements of the Commission in regard thereto, the expense of making such the examination and inspection shall must be paid out of the funds of the Commission commission.
Section 58-3-220 58-3-120. All penalties and forfeitures collected from railroad, express, telegraph, and telephone companies for failure to comply with orders of the Commission commission shall must be paid over one half one-half into the State Treasury state treasury and the other half into the county treasury of the county in which the suit is brought imposing the penalty or forfeiture so collected, such the revenues accruing from such collections to be used for general State state and county purposes.
Section 58-3-225 58-3-125. (A) Hearings conducted before the Public Service Commission shall must be conducted under dignified and orderly procedures designed to protect the rights of all parties.
(B) All persons appearing in a representative capacity before the Commission commission in its proceedings should conform to the standards of ethical conduct required of attorneys practicing before the courts of this State.
(C) Any person, firm, or corporation who disregards Commission commission orders after due notice or who engages in conduct calculated to bring the due and orderly course of Commission commission proceedings into disrespect or disregard, or to interfere with or prejudice parties litigant or their witnesses during the proceedings may, by order of the Commission commission or its presiding officer be ejected for the remainder of that day from such the proceedings. If that person, firm, or corporation engages in further conduct resulting in ejection for a second day or portion thereof in the same proceeding he shall must also be declared in contempt and cited for such to any circuit judge, who may punish by a fine not to exceed five hundred dollars or imprisonment not to exceed thirty days, or both. Such The proscribed conduct shall include includes, but is not be limited to, any person, firm, or corporation intentionally delaying the proceedings by the injection of matters determined not to be relevant after a proper warning that such the matters shall not be pursued.
(D) The above provision shall provisions of this section must not be construed as limiting any powers of the Commission commission under existing law.
(E) A party may strike its petition, application, complaint, counterclaim, cross-claim, or third party claim from any commission docket one time as a matter of right, if all parties adverse to that petition, application, complaint, counterclaim, cross-claim, or third party claim agree in writing that it may be stricken.
Section 58-3-240 58-3-130. (A) As used in this section:
(1) 'privately owned privately-owned industrial park' means a privately owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'privately owned privately-owned industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;
(2) 'industrial premises' means a building, structure, plant, or facility which is located in a privately owned privately-owned industrial park and is owned or leased by an industrial user;
(3) 'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;
(4) 'provider of utility services' means a person, corporation, or association, other than a regulated public utility or its affiliates that offer or provide, or both, utility services to the public or any portion of it outside a privately owned privately-owned industrial park, which provides any or all of those services which are defined in Chapters 5 and 7 of this title, excluding gas, and subject to regulation by the commission and where the services are provided to an industrial user in a privately owned privately-owned industrial park; and
(5) 'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapters 5 and 7 of this title, excluding gas.
(B) The provisions of Chapters 5 and 7 of this title, excluding gas, are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in a privately owned privately-owned industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.
(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall must file with the commission, for information only, the written agreement
Section 58-3-135. (A) All final orders and decisions of the commission must be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings, and must include:
(1) findings and conclusions and the reasons or bases therefor upon all the material issues of fact, law, or discretion presented in the record; and
(2) the appropriate rule, order, sanction, relief, or statement of denial thereof.
(B) A copy of every final order or decision under the seal of the commission must be served by registered or certified mail upon the person against whom it runs or his attorney, and notice thereof must be given to the other parties to the proceeding or their attorneys. The order takes effect and becomes operative when issued unless otherwise designated, and continues in force either for a period which may be designated or until changed or revoked by the commission. If an order cannot, in the judgment of the commission, be complied with within the time designated, the commission may grant and prescribe additional time as is reasonably necessary to comply with the order and, on application and for good cause shown, may extend the time for compliance fixed in its order.
Section 58-3-140. (A) Except as provided in subsection (B) or unless required for the disposition of ex parte communication matters specifically authorized by law, a commissioner, hearing officer, or commission employee may not communicate, directly or indirectly, regarding any issue in any proceeding with any party or with any person without notice and opportunity for all parties to participate in the communication. For purposes of this section, a 'proceeding' means a contested case or any other matter to be adjudicated, promulgated, or arbitrated by the commission.
(B) A commissioner may communicate with other commissioners regarding matters pending before the commission, and any commissioner, hearing officer, or commission employee may receive aid from commission employees if the commission employees providing aid do not:
(1) receive ex parte communications of a type that the commissioner, hearing officer, or commission employee would be prohibited from receiving; or
(2) furnish, augment, diminish, or modify the evidence in the record.
(C) Unless required for the disposition of ex parte matters specifically authorized by law, no party to a proceeding and no person may communicate, directly or indirectly, in connection with any issue in a proceeding with any commissioner, hearing officer, or commission employee without notice and opportunity for all parties to participate in the communication.
(D) Except as provided in item (1), prior to the filing with the commission of any pleadings, applications, or other documents that could initiate a proceeding, a commissioner, hearing officer, or commission employee may not communicate, directly or indirectly, with any party or person regarding any fact, law, or other matter that may become an issue in a proceeding. If before serving in a proceeding, a commissioner, hearing officer, or commission employee receives an ex parte communication of a type that may not properly be received while serving, the commissioner, hearing officer, or commission employee, promptly after starting to serve, must disclose the communication in the manner prescribed in subsection (E) if the Executive Director of the Office of Public Staff or his designee was not present at the time the ex parte communication was received.
(1) A commissioner or commission employee may communicate, directly or indirectly, with any party or person regarding any fact, law, or other matter that may become an issue in a proceeding for the purposes of an educational briefing if:
(a) all members of the commission are invited to attend the briefing;
(b) the Executive Director of the Office of Public Staff or his designee attends the briefing; the executive director files a written statement describing the subject matter discussed and the parties, persons, commissioner, commission employees, and Office of Public Staff employees in attendance; and the executive director certifies that the briefing was not of a subject matter so similar to nor so close in proximity in time to a contemplated proceeding so as be an attempt to evade or circumvent the limitations of this section on ex parte communication during a proceeding.
(E) If a commissioner, hearing officer, or a commission employee receives an ex parte communication in violation of this section, he must place on the record of the matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses
(F) If necessary to eliminate the effect of an ex parte communication received in violation of this section, a commissioner, hearing officer, or commission employee who receives the communication may be disqualified by the commission, and the portions of the record pertaining to the communication may be sealed by protective order.
(G) Any commissioner, hearing officer, commission employee, party, or any other person must report any wilful violation of this section on the part of a commissioner, hearing officer, or commission employee to the State Ethics Commission for any disciplinary proceedings or action provided by law. In addition, a copy of the report must be filed with the Public Service Commission and Office of Public Staff Review Committee as a matter of information to become part of the review committee's annual review of the commission and its members.
(H) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars or imprisoned for not more than six months.
Section 58-3-145. (A) Any party seeking remedial relief from alleged violations of Section 58-3-140 may file a complaint with the Administrative Law Judge Division.
(B) A complaint seeking sanctions must include the following information:
(1) the name and address of the complainant;
(2) the name and address of complainant's counsel, if any;
(3) the name and address of each person alleged to have violated the ex parte prohibition (hereinafter referred to as respondent);
(4) the name and address of each respondent's counsel, if known;
(5) the facts constituting the alleged violation; and
(6) the sanctions sought by the complainant.
(C) A complaint filed under this section must be served on the commission, each respondent, and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.
(D) Within seven days of service of the complaint, a respondent must file an answer with the Administrative Law Judge Division and serve it on the complainant and all persons on the commission's service list for the proceeding that is the subject of the ex parte complaint.
(E) The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division may issue an order tolling any statutory deadlines for a decision by the commission on the proceeding that is subject of the ex parte communication complaint. The administrative law judge assigned to the ex parte communication complaint proceeding by the Administrative Law Judge Division must conduct a hearing and must issue a decision within sixty days after the complaint is filed.
(F) The decision of the administrative law judge must describe the relevant facts of the case and must set forth the judge's findings as to whether the ex parte communication was in violation of Section 58-3-170. The judge must also impose sanctions in accordance with subsection (G). In imposing these sanctions, the judge must, as a matter of equity, protect the rights and interests of parties who are not alleged to have violated Section 58-3-170 and the public interest in general.
(G) In the decision required by subsection (F), the administrative law judge may impose the following sanctions:
(1) dismiss the proceeding if the prohibited ex parte communication has so prejudiced the proceeding that the commission cannot consider it impartially;
(2) issue an adverse ruling on a pending issue that is the subject of the prohibited ex parte communication if other parties are prejudiced by the prohibited ex parte communication;
(3) strike evidence or pleadings if the evidence or pleadings are tainted by the prohibited ex parte communication;
(4) issue a public statement of censure, if it is determined that the prohibited ex parte communication occurred but mitigating circumstances exist that:
(a) negate the need for a more severe sanction;
(b) do not prejudice the proceeding to the extent that the commission is unable to consider the matter in the proceeding impartially;
(c) do not prejudice other parties; or
(d) do not taint the evidence or pleadings.
(H) If the administrative law judge finds the complainant's allegation of an ex parte violation was interposed for any improper
SECTION 5. Chapter 3 of Title 58 of the 1976 Code is amended by adding:
Public Service Commission and Office of Public Staff Review Committee
Section 58-3-510. There is hereby established a committee to be known as the Public Service Commission and Office of Public Staff Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.
Section 58-3-520. (A) The review committee shall consist of nineteen members, five of whom must be appointed by the President Pro Tempore of the Senate from the membership of the Senate, two of whom must be appointed by the President Pro Tempore of the Senate from the general public at-large, five of whom must be appointed by the Speaker of the House of Representatives from the membership of the House, two of whom must be appointed by the Speaker of the House of Representatives from the general public at-large, and five of whom must be appointed by the Governor. The Governor must not appoint a member of the General Assembly or a member's immediate family member.
(B) The terms of the members appointed by the President Pro Tempore shall be coterminous with the President Pro Tempore's term of office, and the members appointed by the Speaker shall be coterminous with the Speaker's term of office. The terms of those members appointed by the Governor expire with the term of the appointing Governor. Members serve at the pleasure of their appointing officer and any vacancies occurring on the review committee must be filled by the appropriate appointing officer of the General Assembly or by the Governor.
(C) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and on the call of the chairman or a majority of the members. A quorum consists of ten members.
(D) Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Public Service Commission or for the executive director of the Office of Public Staff, the candidate
Section 58-3-530. The review committee has the following powers and duties:
(1) to nominate:
(a) no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Sections 58-3-15 and 58-3-560;
(b) no more than one qualified candidate for the Governor to consider in appointing the Executive Director of the Office of Public Staff. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 58-4-30. A person must not be appointed to serve as Executive Director of the Office of Public Staff unless nominated by the review committee. If the Governor rejects a person nominated by the review committee for Executive Director, the review committee must nominate another single candidate for the Governor to consider, until the Governor makes an appointment;
(2) to set the salary of the Executive Director of the Office of Public Staff;
(3) to conduct an annual performance review of each member of the Public Service Commission. A draft of the member's performance review must be submitted to the member and the member must be allowed an opportunity to be heard before the review committee before a final draft of the performance review is submitted to the General Assembly. The final performance reviews must be made a part of the member's record for consideration if the member seeks reelection to the Public Service Commission;
(4) to evaluate the actions of the South Carolina Public Service Commission, including the review of its interim and final orders, to the end that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, individual and corporate;
(5) to develop and distribute to each party and its representatives appearing before the South Carolina Public Service Commission a survey evaluating the commissioners. At a minimum, the survey must include the following factors:
(a) knowledge and application of substantive utility issues, ability to perceive relevant issues,
(b) absence of influence by political considerations,
(c) absence of influence by identities of lawyers,
(d) absence of influence by identities of litigants,
(e) courtesy to all persons appearing before the South Carolina Public Service Commission, and
(f) temperament and demeanor in general, preparation for hearings, and attentiveness to hearings;
(6) to develop and distribute to each employee of the Public Service Commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following factors:
(a) knowledge and application of substantive utility issues, ability to perceive relevant issues,
(b) absence of influence by political considerations,
(c) absence of influence by identities of lawyers,
(d) absence of influence by identities of litigants,
(e) courtesy to all persons appearing before the South Carolina Public Service Commission,
(f) temperament and demeanor in general, preparation for hearings, and attentiveness to hearings, and
(g) demonstrated ability for leadership and management by the commissioner;
(7) to submit evaluations to the General Assembly, on an annual basis, of the performance of the South Carolina Public Service Commission. A proposed draft of such evaluations must be submitted to the South Carolina Public Service Commission prior to submission to the General Assembly, and the South Carolina Public Service Commission must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(8) to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the commissioners and employees of the Public Service Commission and the executive director and employees of the Office of Public Staff;
(9) to make reports and recommendations to the General Assembly, from time to time, on matters relating to the powers and duties set out in this section; and
(10) to undertake such additional studies or evaluations as may, from time to time, be referred by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or either body of the General Assembly.
Section 58-3-540. The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee.
Section 58-3-550. (A) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(B) The review committee has the power to employ other professional staff, upon the determination of the necessity therefore by the review committee, if sufficient funds for such outside staff are available with the review committee's budget.
(C) The review committee is authorized to employ consultants to assist in identifying candidates for the executive director of the Office of Public Staff.
(D) The costs and expenses of the committee must be funded in the annual state appropriation act.
Section 58-3-560. (A) Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, the review committee must conduct its screening pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee.
(B) In order to be nominated for a seat on the South Carolina Public Service Commission, candidates must meet the minimum qualifications provided in Section 58-3-15 and this section. In screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:
(1) ability, dedication, compassion, common sense, and integrity of the candidates;
(2) the level of expertise and experience of the candidates in such varied fields as energy, telecommunications, consumer protection and advocacy, water and wastewater, finance, economics, and statistics, accounting, engineering, or law; and
(3) the race and gender of the candidates and other demographic factors to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State.
Section 58-3-570. (A) The review committee must recommend a method by which tariffs may be filed with the Office of Public Staff and, if not contested, become effective upon publication. This proposal
(B) The review committee must conduct a comprehensive study of other states' commissions' structures, responsibilities, qualifications, and compensation. The review committee must prepare and deliver this report along with its recommendations to the General Assembly by no later than January 15, 2004.
Section 58-3-580. No later than June 30, 2003, the Public Service Commission and Office of Public Staff Review Committee must allocate personal service positions within the Public Service Commission to either the Public Service Commission or the Office of Public Staff. The review committee must organize appropriate divisions within the commission and within the Office of Public Staff. The review committee's authority to reorganize the agencies and assign personal service positions supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Public Staff has sole authority to select and employ personnel of the Office of Public Staff. On and after June 30, 2003, a Public Service Commission employee whose position is transferred to the Office of Public Staff is, upon application to the executive director, entitled only to due consideration for the position."
SECTION 6. Title 58 of the 1976 Code is amended by adding:
Office of Public Staff
Section 58-4-10. (A) There is hereby created the Office of Public Staff as a separate agency of the State with the duties and organizations as hereinafter provided.
(B) The Office of Public Staff must be considered a party of record in all filings, applications, or proceedings before the commission. The public staff must represent the public interest of South Carolina before the commission. For purposes of this chapter, 'public interest' means:
(1) concerns of the using and consuming public with respect to public utility services, regardless of the class of customer;
(2) economic development and job attraction and retention in South Carolina; and
(3) continued investment in and maintenance of utility plants so as to provide reliable and high quality utility services.
(C) The Office of Public Staff is subject to the provision of Section 58-3-140 prohibiting ex parte communications with the Public Service Commission, and any advice given to the commission by the public staff must be given in a form, forum, and manner as may be given by any other party or person.
Section 58-4-20. (A) The Office of Public Staff shall consist of the executive director and other professional, administrative, technical, and clerical personnel as may be necessary in order for the public staff to represent the public interest, as hereinafter provided. All such personnel must be appointed, supervised, and directed by the executive director.
(B) The public staff is not subject to the supervision, direction, or control of the commission, the chairman, or members of the commission.
(C) Except for the executive director, the salaries and compensation of all personnel must be fixed in the manner provided by law for fixing and regulating salaries and compensation by other state agencies.
(D) The Office of Public Staff must not be physically housed in the same location as the Public Service Commission.
Section 58-4-30. (A) The Executive Director of the Public Staff must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
(B) The Public Service Commission and Office of Public Staff Review Committee must nominate one candidate as qualified to serve as executive director for the Governor's consideration.
(1) A person must not be appointed to serve as executive director of the Office of Public Staff unless the review committee nominates the person.
(2) If the Governor rejects a person nominated by the review committee for executive director, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment.
(C) The executive director must be appointed by the Governor with the advice and consent of the Senate for a term of six years and until his successor is appointed and confirmed.
(D) The name of the executive director appointed by the Governor must be submitted to the Senate on or before April first of the year in which the term of the executive director begins.
(E) The initial term of office for the executive director begins July 1, 2003.
(F) The executive director may be removed from office by the Governor in the event of his incapacity to serve. In addition, the executive director may be removed for cause from office by the Governor pursuant to Section 1-3-240(C) only after a two-thirds majority vote of the Public Service Commission and Office of Public Staff Review Committee recommends removal for cause.
(G) In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of a nominee for the executive director's successor must be submitted by the Public Service Commission and Office of Public Staff Review Committee to the Governor, who must send his appointment to the Senate for confirmation. If a vacancy arises in the office when the Senate is not in session, the review committee must nominate a candidate and the Governor must appoint an executive director to serve on an interim basis pending confirmation by the Senate.
(H) The executive director must take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.
(I) The salary of the executive director must be set by the Public Service Commission and Office of Public Staff Review Committee.
Section 58-4-40. (A) Unless otherwise provided by law, no person may serve as the executive director of the Office of Public Staff if the Public Service Commission regulates any business with which that person is associated.
(B) If the Public Service Commission regulates a business with which an employee of the Office of Public Staff is associated, the employee annually must file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the Office of Public Staff if the Public Service Commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.
Section 58-4-50. (A) It is the duty and responsibility of the public staff to:
(1) review, investigate, and make appropriate recommendations to the commission with respect to the reasonableness of rates charged or proposed to be charged by any public utility and with respect to the
(2) make inspections, audits, and examinations of public utilities. The public staff has sole responsibility for this duty, and the commission has no authority to make inspections, audits, and examinations of public utilities;
(3) review, investigate, and make appropriate recommendations to the commission with respect to the service furnished or proposed to be furnished by any public utility;
(4) represent the public interest in all commission proceedings;
(5) when considered necessary by the executive director and in the public interest, petition the commission to initiate proceedings to review, investigate, and take appropriate action with respect to the rates or service of public utilities;
(6) represent the public interest in all certificate applications;
(7) represent the public interest in all proceedings wherein any public utility proposes to reduce or abandon service to the public;
(8) investigate complaints affecting the public interest generally, including those which are directed to the commission, commissioners, or commission employees, and where appropriate make recommendations to the commission with respect to these complaints;
(9) make studies and recommendations to the commission with respect to standards, regulations, practices, or service of any public utility pursuant to the provisions of this title; however, the public staff has no duty, responsibility, or authority with respect to the enforcement of natural gas pipeline safety laws, rules, or regulations;
(10) when considered necessary by the executive director and in the public interest, participate in commission proceedings with respect to transfers of franchises, mergers, consolidations, and combinations of public utilities;
(11) when considered necessary by the executive director and in the public interest, provide legal representation of the public interest before federal regulatory agencies in proceedings which could affect the rates or service of any public utility;
(12) review, investigate, and make appropriate recommendations to the commission with respect to contracts of public utilities with affiliates or subsidiaries;
(13) to monitor existing regulations, rate structures, and policies affecting public utilities which are of special interest to consumers and to report to, and educate the public, by reporting through the news
(14) upon request, the executive director must employ the resources of the public staff to furnish to the commission, its members, or the Consumer Advocate, such information and reports or conduct such investigations and provide other assistance as may reasonably be required in order to supervise and control the public utilities of the State as may be necessary to carry out the laws providing for their regulation.
(B) Each year, the executive director and the public staff employees must attend a workshop of at least six contact hours concerning ethics and the Administrative Procedures Act. This workshop must be developed with input from the Public Service Commission and Office of Public Staff Review Committee.
Section 58-4-60. (A) The public staff must be staffed and equipped to perform the functions described in Section 58-4-50. The expenses of the office must be paid as set forth in Section 58-3-70 and this section. The executive director, within established budgetary limits and as allowed by law, must authorize and approve travel, subsistence, and related necessary expenses of the executive director or public staff incurred while traveling on official business.
(B) All expenses of the Office of Public Staff must be borne by the public utilities, household goods carriers, hazardous waste for disposal carriers, and railway companies subject to the Public Service Commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the Department of Revenue in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State.
(C) The Office of Public Staff shall certify to the South Carolina Department of Revenue annually on or before May first the amounts to be assessed.
(D) The Office of Public Staff shall operate as an other-funded agency.
(E) The appropriation for the Office of Public Staff shall be advanced by the State until it shall have been collected from the corporations liable therefor and, when collected, shall be placed in the state treasury.
Section 58-4-70. (A) Except for municipally-owned and operated utilities, all public utilities doing business in this State must promptly, when required by the Office of Public Staff, furnish a full and detailed written report and written information concerning their business affairs or any matter pertaining thereto, as is specified in the requirement, and must also promptly answer fully all questions and interrogatories which may be propounded by the public staff.
(B) If, in the judgment of the Office of Public Staff, the information or reports referred to in subsection (A) are not furnished within a reasonable time or the questions or interrogatories referred to in subsection (A) are not answered fully within a reasonable time or, if furnished and answered, are not satisfactory to the public staff, the public staff must give by written notice to the person or corporation the particulars in which information, reports, or answers to the questions or interrogations are not satisfactory, and the person or corporation has a reasonable time in which to comply with the requirements of the notice in the particulars mentioned in the notice.
(C) If it is desired for any reason to verify or recheck the information furnished under this section, the public staff, in person or by its agents, must make an examination of the books, papers, accounts, and records of and the inspection of the properties of the persons referred to in subsection (A) as necessary to procure the information required. The public staff may require the production of the desired writings and records and the attendance and testimony under oath of the officers, accountants, or other agents of the parties having knowledge thereof at such place as the public staff may designate and the expense of making the necessary examination or inspection for the procuring of the information must be paid by the party examined or inspected, to be collected by the public staff by suit or action, if necessary, except, that, if the examination and inspection and the reports thereof disclose that a full and accurate response had previously been made, the expense of
Section 58-4-80. The executive director representing the public staff is considered to have an interest sufficient to maintain actions for judicial review from commission orders or decisions and may as of right, and in a manner prescribed by law intervene or otherwise participate in any civil proceeding which involves the review or enforcement of commission action that the executive director determines may substantially affect the interests of consumers. This right includes intervention in any action for judicial review from commission orders or decisions that are pending at any stage of the action. The executive director representing the public staff has the same rights of appeal from commission orders or decisions as other parties to commission proceedings.
Section 58-4-90. Except as required by Section 58-4-50, decisions respecting whether, when, or how to initiate, continue, participate, or intervene in proceedings under Section 58-4-50 are in the sole discretion of the executive director except as modified by order of a court of competent jurisdiction.
Section 58-4-100. To the extent necessary to carry out public staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary from time to time to assist the public staff in its participation in commission proceedings. The compensation paid to these persons may be commensurate with compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings or from the public staff's budget. If paid by the public utility or utilities, this compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the Public Service Commission and Office of Public Staff Review Committee, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
Section 58-4-110. The public staff of the commission must make and publish annual reports to the General Assembly on its activities in the interest of the using and consuming public.
Section 58-4-120. Rules governing the internal administration and operations of the Office of the Public Staff must be promulgated by the
SECTION 7. (A) The Senate and House of Representatives shall meet in joint session in the Hall of the House of Representatives for the purpose of electing members of the South Carolina Public Service Commission at 12:00 noon on the first Tuesday after the effective date of a bill enacted by the General Assembly during its 2002 session amending Section 58-3-20 of the 1976 Code providing for staggered terms of members of the Public Service Commission and for other matters relating to the Public Service Commission; provided, that the General Assembly, by resolution, may provide for a different date for the conduct of these elections after the effective date of the Public Service Commission Bill. In addition, at this same election unless earlier held, elections shall also be held to elect a successor to the Honorable A. Victor Rawl, Judge of the Circuit Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 2003; to elect a successor to the Honorable Joseph J. Watson, Judge of the Circuit Court, At-Large Seat 4, whose term expires June 30, 2003; to elect a successor to the Honorable Haskell T. Abbott III, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 3, whose term expires June 30, 2002; and to elect a person to fill the at-large seat on the Winthrop University Board of Trustees.
(B) Notwithstanding the provisions of Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date of the General Assembly for the 2002 session only is extended to 5:00 P.M. on the date the General Assembly completes election of members of the Public Service Commission as provided in subsection (A).
SECTION 8. On or before January 1, 2003, the Code Commissioner must prepare and deliver to the Public Service Commission and Office of Public Staff Review Committee, all code references and other references and provisions in Title 58 of the 1976 Code which he considers in need of correction or modification as a result of the provisions of this act.
SECTION 9. Section 58-37-30 of the 1976 Code is repealed.
SECTION 10. Sections 58-3-67 and 58-3-93, as contained in SECTION 4, are repealed July 1, 2003.
SECTION 11. This act takes effect upon approval by the Governor except that:
(1) Article 5 of Chapter 3 of Title 58 as contained in SECTION 5 takes effect August 1, 2002;
(2) Section 1-3-240(C) as contained in SECTION 1; Section 58-3-55 as contained in SECTION 4; Section 58-3-80 as contained in SECTION 4; Section 58-3-115 as contained in SECTION 4; Section 58-3-140 as contained in SECTION 4; Section 58-3-145 as contained in SECTION 4; and Chapter 4 of Title 58 as contained in SECTION 6 take effect July 1, 2003. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 2 (JUD5108.029), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
On motion of Senator McCONNELL, the Senate agreed that, when it adjourned today, it stand adjourned to meet at 11:00 A.M. tomorrow.
The motion was adopted.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 3144 (Word version) -- Reps. Wilkins, W.D. Smith, Walker, Delleney, Vaughn, Merrill, Cotty, Thompson, Edge, Simrill and McLeod: A BILL TO AMEND SEVERAL SECTIONS OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN FINANCE AND ELECTIONS, TO PROVIDE REFORM. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator MARTIN moved to carry over the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Martin
Alexander Anderson Bauer * Branton Courson Drummond Elliott Ford Giese Glover Grooms Hawkins Hayes Hutto Jackson
Knotts Kuhn Land Leatherman Leventis Matthews McConnell McGill Moore O'Dell Patterson Peeler Ravenel Reese Richardson * Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Senate refused to carry over the bill.
Debate was interrupted by adjournment.
Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Berkeley County Master-in-Equity, with term to commence August 31, 2002, and to expire November 7, 2002
Robert E. Watson, P. O. Box 118, Moncks Corner, S.C. 29461 VICE John B. Williams
Having received a favorable report from the Edgefield County Delegation, the following appointment was confirmed in open session:
Reappointment, Edgefield County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Hon. Davis R. Parkman, 507 Butler Street, Johnston, S.C. 29832
Having received a favorable report from the Greenville County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Greenville County Magistrate, with term to commence April 30, 2002, and to expire April 30, 2006
Gaybrial Yolanda Gibson, 104 Gettysburg Street, Greenville, S.C. 29605
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Miss Ellen Brown Looper of Dacusville, S. C.
At 6:22 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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