Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Ecclesiastes 3:11: "He has made everything beautiful in its time."
Let us pray. Be with us, God of creation, Lord of all nations. Give this body the patience to walk Your way of wisdom which isn't our way of easy answers and fast fixes. Help them to evaluate everything by Your eternal standards. Guide, protect, and keep each in Your loving care. Grant our leaders of State and Nation the wisdom to provide for the common good of all people. Hold our defenders of freedom in Your safe care. Hear us, O Lord, as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HINSON moved that when the House adjourns, it adjourn in memory of Andrew Combs of Berkeley County, which was agreed to.
The following was received:
Columbia, S.C., April 20, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 949:
S. 949 (Word version) -- Senators Leatherman and Ford: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR ELECTRONIC MAIL FOR THE PURPOSE OF SELLING OR MARKETING REAL PROPERTY; TO FURTHER SPECIFY POLICIES RELATING TO DUAL AGENCY, CONTENTS OF LISTING OR BUYER'S AGREEMENTS, AND PROPERTY MANAGEMENT AGREEMENTS; AND TO SPECIFY REAL ESTATE TRANSACTION ACTIVITIES THAT MUST NOT BE CONDUCTED BY AN UNLICENSED INDIVIDUAL EMPLOYED OR SUPERVISED BY AN OWNER OF A REAL ESTATE COMPANY; TO AMEND SECTION 40-57-137, RELATING TO REAL ESTATE BROKERAGE COMPANY DUTIES TO CLIENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST AN AGENT WHO HAS TRUTHFULLY DISCLOSED KNOWN DEFECTS TO A BUYER OR AGAINST A REAL ESTATE LICENSEE FOR INFORMATION CONTAINED IN VARIOUS REPORTS, SUCH AS TERMITE AND HOME INSPECTIONS; TO SPECIFY PROCEDURES FOR OBTAINING INFORMED CONSENT TO ACT AS A DUAL AGENT; TO SPECIFY AN EXCEPTION TO REQUIRING A DUAL AGENCY RELATIONSHIP WHEN A LICENSEE IN A COMPANY'S MAIN OFFICE CONDUCTS BUSINESS IN A BRANCH OFFICE; TO SPECIFY SERVICES A LICENSEE MAY PROVIDE TO REAL ESTATE CUSTOMERS AND POLICIES AND PROCEDURES FOR PROVIDING THESE SERVICES; TO ESTABLISH REQUIREMENTS THAT A BROKER-IN-CHARGE MUST SATISFY TO ASSIGN DESIGNATED AGENTS TO EXCLUSIVELY REPRESENT DIFFERENT CLIENTS IN THE SAME TRANSACTION; TO FURTHER PROVIDE FOR THE TRANSACTION OF REAL ESTATE BUSINESS BY DESIGNATED AGENTS AND TO PROVIDE THAT COMPENSATION OR THE PROMISE OF COMPENSATION DOES NOT DETERMINE WHETHER AN AGENCY RELATIONSHIP HAS BEEN CREATED; TO AMEND SECTION 40-57-139, RELATING TO AGENCY DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT FORMS REGARDING THE RELATIONSHIP CREATED BETWEEN THE LICENSEE AND THE CUSTOMER MUST BE ACKNOWLEDGED IN THE LISTING, BUYER'S, OR AGENCY AGREEMENT; TO REQUIRE AN AGENCY RELATIONSHIP TO BE CREATED BEFORE RATIFICATION OF THE REAL ESTATE SALES AGREEMENT, TO SPECIFY CONDITIONS UNDER WHICH AN AGENCY RELATIONSHIP DOES NOT EXIST, AND TO PROVIDE EXCEPTIONS TO THESE AGENCY DISCLOSURE REQUIREMENTS; TO AMEND SECTION 40-57-140, RELATING TO THE EFFECT OF TERMINATION, EXPIRATION, OR COMPLETION OF AGENCY AGREEMENTS, SO AS TO REQUIRE CONTINUED CONFIDENTIALITY OF CONFIDENTIAL INFORMATION AND TO PROVIDE THAT THE DUTY TO BE TRUTHFUL PREVAILS OVER MAINTAINING CONFIDENTIALITY; TO AMEND SECTION 40-57-145, RELATING TO GROUNDS FOR DENIAL OF LICENSURE AND FOR DISCIPLINARY ACTIONS, SO AS TO FURTHER SPECIFY ELEMENTS OF THESE GROUNDS AND TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 40-57-150, RELATING TO INVESTIGATIONS OF VIOLATIONS, SO AS TO EXTEND THE TIME WITHIN WHICH THE REAL ESTATE COMMISSION MUST RENDER A DECISION AND TO AUTHORIZE THE COMMISSION TO RECOVER THE COSTS OF THE INVESTIGATION AND PROSECUTION; AND TO AMEND SECTION 40-57-180, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT NO CAUSE OF ACTION EXISTS FOR FAILURE OF A LICENSEE TO DISCLOSE THE LOCATION OF SEX OFFENDERS AND CERTAIN OFF-SITE HAZARDS OR PSYCHOLOGICAL IMPACTS; AND TO REQUIRE APPROVED INSTRUCTORS TO ATTEND DEVELOPMENT WORKSHOPS OR TO PROVIDE EVIDENCE OF CONTINUING EDUCATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 5078 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO TELECOMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY AGREEMENT WHICH RESTRICTS OR LIMITS THE ABILITY OF ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE TELECOMMUNICATIONS SERVICES IN THIS STATE OR WHICH OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY TO ENCOURAGE THE OWNER TO REFUSE OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4975 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 132 SO AS TO PROHIBIT PHYSICIANS AND OTHER SPECIFIED HEALTHCARE PROFESSIONALS FROM SOLICITING PAYMENT FOR OUTPATIENT ANATOMIC PATHOLOGY OR CYTOLOGY SERVICES UNLESS THE SERVICE WAS PERSONALLY RENDERED BY THAT PHYSICIAN OR HEALTHCARE PROVIDER AND TO PROVIDE EXCEPTIONS AND PENALTIES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4990 (Word version) -- Reps. Harrell, Chellis, Barfield, Hamilton and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 5044 (Word version) -- Reps. McGee, Quinn and Toole: A BILL TO AMEND CHAPTER 6 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ESTABLISH THE PHARMACY AND THERAPEUTICS COMMITTEE WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE FOR THE MEMBERSHIP, ORGANIZATION, AND DUTIES OF THE COMMITTEE, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL ADHERE TO CERTAIN PROVISIONS WHEN IMPLEMENTING THE PREFERRED DRUG LIST.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 898 (Word version) -- Senators J. V. Smith, Fair, Knotts, Thomas, Martin, Land, Moore and Alexander: A BILL TO AMEND CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF THE NURSING PROFESSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION INCLUDING, BUT NOT LIMITED TO, INCREASING THE BOARD MEMBERSHIP FROM NINE TO TEN BY ADDING A LAY PERSON, TO CODIFY AND FURTHER SPECIFY THE REQUIREMENTS FOR LICENSURE AND SCOPE OF PRACTICE FOR A NURSE PRACTITIONER, CERTIFIED NURSE-MIDWIFE, CLINICAL NURSE SPECIALIST, AND CERTIFIED REGISTERED NURSE ANESTHETIST, TO FURTHER SPECIFY LICENSURE AND EXAMINATION PROCEDURES, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR EXPANDED PRACTICE IN NURSING, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE NURSING PROFESSION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4732 (Word version) -- Reps. Davenport, Clyburn, Frye, Hamilton, Littlejohn, Loftis, Pinson, Rice, Taylor, Weeks and Toole: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE ON EMERGENCY ROOM DIVERSION TO BE CONVENED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE USE OF EMERGENCY ROOMS, TO IDENTIFY INAPPROPRIATE USAGE AND TO DEVELOP A PLAN FOR COMMUNITY SERVICES ALTERNATIVES; TO SUBMIT A PLAN TO REDUCE INAPPROPRIATE USE OF EMERGENCY ROOMS AND A BUDGET TO IMPLEMENT THIS PLAN AND TO PROVIDE MORE APPROPRIATE SERVICES; AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ASSIST THE DEPARTMENT IN CONDUCTING A PILOT PROJECT.
Ordered for consideration tomorrow.
The following was introduced:
H. 5154 (Word version) -- Reps. Toole, Bingham, Koon, Clark, Frye, E. H. Pitts, Huggins, McLeod and Ott: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE DR. KAREN WOODWARD, LEXINGTON SCHOOL DISTRICT ONE SUPERINTENDENT, ON RECEIVING THE 2004 "TECH-SAVVY SUPERINTENDENT" AWARD FROM ESCHOOL NEWS AND TO EXTEND BEST WISHES TO HER IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1169 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE AMANDA REEVES AND HER FAMILY FOR BEING NAMED THE 2004 NATIONAL AMBASSADOR FAMILY FOR THE MARCH OF DIMES AND TO COMMEND THE REEVES FAMILY FOR TRAVELING THE COUNTRY TO SHARE THEIR STORY AND TO PROMOTE AWARENESS OF PREMATURE BIRTH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5155 (Word version) -- Rep. White: A BILL TO AMEND SECTION 15-78-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS OF TERMS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE IN THE DEFINITION OF "GOVERNMENTAL HEALTH CARE FACILITY" A NURSING HOME THAT PROVIDES SERVICES THROUGH MEDICAID, MEDICARE, OR BY CONTRACT WITH THE VETERANS ADMINISTRATION AND THOSE SERVICES CONSTITUTE AT LEAST TWENTY-FIVE PERCENT OF THE GROSS REVENUE.
Referred to Committee on Judiciary
S. 570 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ELIMINATE AS AN ELEMENT OF FINANCIAL IDENTITY FRAUD A PERSON'S INTENT TO UNLAWFULLY APPROPRIATE THE FINANCIAL RESOURCES OF A PERSON TO HIS OWN USE OR THE USE OF A THIRD PARTY, AND TO ADD INSTEAD THE REQUIREMENT OF "KNOWINGLY AND WILFULLY"; AND TO ADD SECTION 16-13-515, SO AS TO PROHIBIT THE PRINTING OF MORE THAN THE LAST FIVE DIGITS OF A CREDIT CARD OR DEBIT CARD NUMBER ON A RECEIPT BY AN ENTITY WHICH ACCEPTS CREDIT CARDS OR DEBIT CARDS FOR THE TRANSACTION OF BUSINESS.
Referred to Committee on Judiciary
S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 814 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-755 SO AS TO PROHIBIT THE SALE OF RETAIL MERCURY FEVER THERMOMETERS AND PROVIDE THAT A VIOLATION IS A MISDEMEANOR.
Referred to Committee on Judiciary
S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".
Referred to Committee on Education and Public Works
S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Delleney Duncan Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Loftis Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 21.
Creighton Coleman Anne Parks Lanny Littlejohn Walter Lloyd Lonnie Hosey Bessie Moody-Lawrence Denny Neilson Eldridge Emory Joseph Neal William Bowers Becky Martin Tracy Edge Jerry Govan Todd Rutherford Alex Harvin Ralph Davenport Richard Quinn
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, April 20.
Alex Harvin
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4721 (Word version)
Date: ADD:
04/21/04 JENNINGS
Bill Number: H. 4846 (Word version)
Date: ADD:
04/21/04 JENNINGS
Bill Number: H. 5042 (Word version)
Date: ADD:
04/21/04 JENNINGS
Bill Number: H. 4739 (Word version)
Date: ADD:
04/21/04 JENNINGS
Bill Number: H. 4130 (Word version)
Date: ADD:
04/21/04 JENNINGS
Bill Number: H. 4732 (Word version)
Date: ADD:
04/21/04 TOOLE
Bill Number: H. 5044 (Word version)
Date: ADD:
04/21/04 TOOLE
Bill Number: H. 4899 (Word version)
Date: REMOVE:
04/21/04 PERRY
Bill Number: H. 4899 (Word version)
Date: REMOVE:
04/21/04 DANTZLER
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1141 (Word version) -- Senators Malloy and Leatherman: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
S. 1142 (Word version) -- Senators Malloy, Glover, Elliott and Leatherman: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MARLBORO COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
S. 1143 (Word version) -- Senators Malloy, Land and Leventis: A BILL TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
S. 1150 (Word version) -- Senators Setzler, Knotts and Cromer: A BILL TO ESTABLISH THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT, TO PROVIDE FOR THE MEMBERSHIP OF THE GOVERNING BOARD, AND TO PROVIDE FOR THE ELECTION OF THE CHAIR AND VICE-CHAIR.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.
H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE ALTERNATIVE MEASURES WHICH IN HIS OPINION OFFER THE EQUIVALENT OR GREATER PROTECTION FOR THE LIVESTOCK INDUSTRY OF THIS STATE INCLUDING, BUT NOT LIMITED TO, EQUINE PASSPORT EVENT PERMITS.
H. 4733 (Word version) -- Reps. Davenport and Littlejohn: A BILL TO AMEND CHAPTER 87, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR ISSUANCE OF ASBESTOS ABATEMENT LICENSES, SO AS TO REVISE THE DEFINITION OF "ASBESTOS ABATEMENT ENTITY" AND "ASBESTOS PROJECT"; TO DELETE PROVISIONS ESTABLISHING LICENSURE FEES AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH SUCH FEES IN REGULATION SUFFICIENT TO COVER REASONABLE COSTS OF ADMINISTERING THE ASBESTOS PROGRAM AND TO DEFINE "COSTS"; AND TO INCREASE THE MAXIMUM CIVIL PENALTY FOR VIOLATIONS FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.
H. 4756 (Word version) -- Reps. Jennings, Lucas, Freeman, Neilson, Trotter, Frye and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO EXTEND THE HUNTING SEASON FOR SQUIRREL IN GAME ZONE 5.
H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
H. 5023 (Word version) -- Reps. Martin and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION OF INTERSTATE HIGHWAY 85 IN ANDERSON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
H. 4639 (Word version) -- Reps. M. A. Pitts, Limehouse, Altman, Anthony, Duncan, Harrison, Martin, Pinson, Sinclair and Taylor: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.
H. 5142 (Word version) -- Reps. Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Walker: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT ERECT ANY TYPE OF BARRIER THAT WOULD RESTRICT ECONOMIC DEVELOPMENT ALONG INTERSTATE HIGHWAY 85 BUSINESS FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 585 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 IN SPARTANBURG COUNTY; AND TO PROVIDE THAT IF THE DEPARTMENT OF TRANSPORTATION MUST ERECT A BARRIER ALONG THIS PORTION OF HIGHWAY, THEN IT MUST OBTAIN APPROVAL FOR THE CONSTRUCTION PROJECT FROM THE SPARTANBURG COUNTY TRANSPORTATION COMMITTEE AND THE MEMBERS OF THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION IN WHOSE DISTRICTS THE PROJECT WOULD BE LOCATED.
The following Bill was taken up:
H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White, Young and Owens: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22588HTC04), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Title 11 of the 1976 Code is amended by adding:
Section 11-48-10. The General Assembly finds that:
(1) potential violations of Chapter 47 of this title, The Tobacco Escrow Fund Act, may threaten the integrity of the Tobacco Master Settlement Agreement, the financial interests of the State, and the public health; and
(2) enacting procedural enhancements may deter potential violations and promote the enforcement of The Tobacco Escrow Fund Act, safeguard the Master Settlement Agreement, the financial interests of the State, and the public health.
Section 11-48-20. As used in this chapter:
(1) 'Brand family' means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s and includes the use of a brand name alone or in conjunction with another word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
(2) 'Cigarette' has the same meaning as in Section 11-47-20(d).
(3) 'Nonparticipating manufacturer' means a tobacco product manufacturer that is not a participating manufacturer.
(4) 'Participating manufacturer' has the meaning given that term in Section 11(jj) of the Master Settlement Agreement and all amendments to it.
(5) 'Qualified escrow fund' has the same meaning as that term is defined in Section 11-47-20(f).
(6) 'Cigarette distributor' means a person required to pay the tax imposed by Section 12-21-620 or authorized to affix a tax stamp to a cigarette package pursuant to Title 12.
(7) 'Tobacco product manufacturer' has the same meaning as that term is defined in Section 11-47-20(i).
(8) 'Units sold' has the same meaning as that term is defined in Section 11-47-20(j).
Section 11-48-30. (A) Each tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a distributor, retailer, or similar intermediary or intermediaries shall execute and deliver on a form or in the manner prescribed by the Attorney General a certification to the Attorney General no later than the thirtieth day of April each year, certifying under penalty of perjury that, as of the date of this certification, the tobacco product manufacturer either is a participating manufacturer or is in full compliance with Section 11-47-30.
(1) A participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update the list thirty days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General.
(2) A nonparticipating manufacturer shall include in its certification a complete list of all of its brand families:
(a) separately listing brand families of cigarettes and the number of units sold for each brand family in the State during the preceding calendar year;
(b) listing all of its brand families that have been sold in the State at any time during the current calendar year;
(c) indicating by an asterisk a brand family sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and
(d) identifying by name and address any other manufacturer of the brand families in the preceding or current calendar year. The nonparticipating manufacturer shall update the list thirty days before any addition to or modification of its brand families by executing and delivering a supplemental certification to the Attorney General.
(3) In the case of a nonparticipating manufacturer, the certification must certify further that:
(a) it is registered to do business in the State or has appointed an agent resident within South Carolina for service of process and provided notice of the appointment;
(b) it has established and continues to maintain a qualified escrow fund governed by an executed qualified escrow fund agreement that has been reviewed and approved by the Attorney General;
(c) it is in full compliance with Section 11-47-30 and this chapter and regulations promulgated pursuant to them; and
(d) the following information is accurate and complete:
(i) name, address, and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to Section 11-47-30(b) and its regulations;
(ii) the account number of the qualified escrow fund and subaccount number for the State of South Carolina;
(iii) amount the nonparticipating manufacturer placed in the qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date, and amount of each deposit, and evidence or verification considered necessary by the Attorney General to confirm that information; and
(iv) amounts of and dates of a withdrawal or transfer of funds the nonparticipating manufacturer made at any time from the qualified escrow fund or from another qualified escrow fund into which it made qualified escrow fund payments pursuant to Section 11-47-30(b) and its regulations.
(4)(a) A tobacco product manufacturer may not include a brand family in its certification unless:
(i) in the case of a participating manufacturer, it affirms that the brand family is to be considered its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement; and
(ii) in the case of a nonparticipating manufacturer, it affirms that the brand family is considered its cigarettes for purposes of Chapter 47 of this title.
(b) This item does not limit or otherwise affect the state's right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Chapter 47 of this title.
(5) The tobacco product manufacturers shall maintain all invoices and documentation of sales and other information relied upon for the certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.
(B) The Attorney General shall develop and make available for public inspection or publish on the office web site a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (A) and all brand families that are listed in the certifications except:
(1) The Attorney General shall not include or retain in the directory the name or brand families of a nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with items (2) and (3) of subsection (A), unless the Attorney General determines that the violation is cured to his satisfaction.
(2) Neither a tobacco product manufacturer nor brand family may be included or retained in the directory if the Attorney General concludes in the case of a nonparticipating manufacturer that:
(a) all qualified escrow fund payments required pursuant to Section 11-47-30(b) for any period for a brand family, whether or not listed by the nonparticipating manufacturer, have not been paid fully into a qualified escrow fund governed by a qualified escrow fund agreement approved by the Attorney General; or
(b) all outstanding final judgments, including interest on them, for violations of Section 11-47-30(b) have not been fully satisfied for the brand family and the manufacturer.
(3) The Attorney General shall update the directory as necessary to correct mistakes, to add or remove a tobacco product manufacturer or brand families, and to keep the directory in conformity with the requirements of this chapter.
(4) A cigarette distributor shall provide and update as necessary an electronic mail address to the Attorney General for the purpose of receiving notifications required by this chapter.
(5) Notwithstanding the provisions of items (1) and (2) of this subsection, in the case of a nonparticipating manufacturer who has established a qualified escrow fund account that has been approved by the Attorney General, the manufacturer or its brand families must not be removed from the directory unless the manufacturer has been given at least thirty days notice of the intended action. For the purposes of this section, notice is considered sufficient if it is sent either electronically to an electronic-mail address or by first class to a postal mailing address provided by the manufacturer in its most recent certification filed pursuant to this section. The notified nonparticipating manufacturer has thirty days from the receipt of the notice to comply. At the time that the Attorney General sends notice of its intent to remove the manufacturer from the directory, the Attorney General shall post the notice directly.
(C)(1) It is unlawful for any person to:
(a) affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory if such a stamp is required by law; or
(b) sell, offer, acquire, hold, own, possess, transport, import or cause to be imported, for sale in this State cigarettes of a tobacco product manufacturer or brand family not included in the directory, or to import such cigarettes for personal consumption.
(2) A person who violates the provisions of item (1) of this subsection engages in an unfair and deceptive trade practice in violation of Chapter 5, Title 39.
(3) A person who, with knowledge of the prohibitions provided in item (1) of this section violates the provisions of item (1) of this section, is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or imprisoned for not more than one year, or both. Each day a violation occurs constitutes a separate offense.
Section 11-48-40. (A) A nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or business entity, as a condition precedent to having its brand families listed or retained in the directory, shall appoint and continually engage without interruption the services of an agent in this State to act as agent for the service of process on whom all process and action or proceeding against it concerning or arising out of the enforcement of Chapter 47 of this title, may be served in a manner authorized by law. That service is legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of the agent to, and to the satisfaction of the Attorney General.
(B) The nonparticipating manufacturer shall provide notice to the Attorney General thirty calendar days before termination of the authority of an agent and proof to the satisfaction of the Attorney General of the appointment of a new agent no fewer than five calendar days before the termination of an existing agent appointment. If an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Attorney General of the termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.
(C) A nonparticipating manufacturer whose cigarettes are sold in this State without appointing or designating an agent as required by this section is deemed to have appointed the Secretary of State as the agent and may be proceeded against in courts of this State by service of process upon the Secretary of State; except that, appointment of the Secretary of State as the agent does not satisfy the condition precedent to having its brand families listed or retained in the directory.
Section 11-48-50. (A) No later than twenty days after the end of each calendar quarter, and more frequently if so directed by the Attorney General, a cigarette distributor shall submit information the Attorney General requires to facilitate compliance with this chapter including, but not limited to, a list by brand family of the total number of cigarettes or in the case of roll-your-own, the equivalent stick count for which the cigarette distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for the cigarettes. The cigarette distributor shall maintain, and make available to the Attorney General, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and other information relied upon in reporting to the Attorney General for a period of five years. The distributors also shall provide this information and documentation to the Department of Revenue and any other documentation requested by the Department of Revenue. The Department of Revenue shall process this information as needed by that agency and as needed by the Attorney General for the purposes of this chapter and the Tobacco Escrow Fund Act.
(B) The Attorney General may share the information received pursuant to this chapter with other federal, State, or local agencies only for purposes of enforcement of this chapter, Chapter 47 of this title, or corresponding laws of other states. The Attorney General is further authorized to disclose to a cigarette manufacturer any information that has been provided by a tobacco product distributor as required by this act regarding the purchases from that manufacturer.
(C) The Attorney General may require at any time from the nonparticipating manufacturer, proof from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with Chapter 47 of this title of the amount of money in the qualified escrow fund exclusive of interest, the dates of deposits, and the amounts and dates of all withdrawals from the qualified escrow fund.
(D) In addition to the information required to be submitted pursuant to Section 11-48-30, the Attorney General may require a cigarette distributor or tobacco product manufacturer to submit additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine if a tobacco product manufacturer is in compliance with this chapter.
(E) To promote compliance with the provisions of this chapter, the Attorney General may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of item (2) of Section 11-48-30(A) to make the qualified escrow fund deposits required in quarterly installments during the year in which the sales covered by such deposits are made. The Attorney General may require production of information sufficient to enable the Attorney General to determine the adequacy of the amount of the installment deposit.
Section 11-48-60. (A) In addition to or instead of another civil or criminal remedy provided by law, upon a determination that a cigarette distributor has violated Section 11-48-30(C) or a regulation promulgated pursuant to it, the Attorney General may cause to be revoked or suspended the license of a cigarette distributor in the manner provided by Sections 12-60-1310 through 12-60-1350. Each stamp affixed, should such a stamp be required by law, and each offer to sell cigarettes in violation of Section 11-48-30(C) constitutes a separate violation. The Attorney General also may impose a civil penalty for each violation in an amount not to exceed the greater of five times the retail value of the cigarettes or five thousand dollars upon a determination of violation of Section 11-48-30(C).
(B) Cigarettes that have been sold, offered, or possessed for sale in this State or imported for personal consumption in this State in a civil or criminal violation of Section 11-48-30(C) are declared contraband, and may be seized pending adjudication of the violation. Upon a determination of violation, the cigarettes are forfeited and must be destroyed.
(C) The Attorney General may seek an injunction to restrain a threatened or actual violation of Sections 11-48-30(C)(1), 11-48-50(A), or 11-48-50(D) by a cigarette distributor and to compel the cigarette distributor to comply with the sections. In an action brought pursuant to this section, the State may recover the costs of investigation, costs of the action, and reasonable attorney's fees.
Section 11-48-70. A determination of the Attorney General to not list in, or to remove from, the directory a brand family or tobacco product manufacturer is subject to review in the manner provided pursuant to Article 3, Chapter 23 of Title 1.
Section 11-48-80. (A) A person must not be issued a license or granted a renewal of a license to act as a cigarette distributor unless the person has certified in writing, under penalty of perjury, that he intends to comply fully with this chapter.
(B) For the year 2004, the first report of cigarette distributors required by Section 11-48-50(A) is due thirty days after the effective date of this chapter; the certifications by a tobacco product manufacturer described in Section 11-48-30(A) are due forty-five days after the effective date of this chapter; and the directory described in Section 11-48-30(B) must be published or made available within ninety days after the effective date of this chapter.
(C) The Attorney General may promulgate regulations necessary to effect the purposes of this chapter.
(D) In any action brought by the State to enforce this chapter, the Office of the Attorney General is entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney fees for a successful investigation or action.
(E) Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State.
(F) If a court of competent jurisdiction finds that the provisions of this chapter and Chapter 47 conflict and cannot be harmonized, then the provisions of Chapter 47 must control. If any section, paragraph, item, or subitem, sentence, clause, or phrase of this chapter causes Chapter 47 of Title 11 to no longer constitute a Qualifying or Model Statute, as those terms are defined in the Master Settlement Agreement, then that portion of this chapter is invalid. If any section, paragraph, item, subitem, subsubitem, sentence, clause, or phrase of this chapter is held to be invalid, unlawful, or unconstitutional, that decision does not affect the validity of the remaining portions of this chapter or any part of it.
Section 11-48-90. (A) It is unlawful for a cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer to sell or possess counterfeit cigarettes. A person who violates this subsection is guilty of a felony and, upon conviction, must be punished as follows for a:
(1) first violation with a total quantity of fewer than two cartons of cigarettes, by a fine of one thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both;
(2) subsequent violation with a total quantity of fewer than two cartons of cigarettes, by a fine of five thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment, and the revocation by the Department of Revenue of any license required pursuant to Article 5, Chapter 21, of Title 12, held by the cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer;
(3) first violation with a total quantity of two cartons of cigarettes or more by a fine of two thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both; or
(4) subsequent violation with a quantity of two cartons of cigarettes or more by a fine of fifty thousand dollars or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment, and revocation by the Department of Revenue of any license required pursuant to Article 5, Chapter 21, of Title 12 held by the cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette retailer license.
(B)(1) For purposes of this section, counterfeit cigarettes includes cigarettes with false manufacturing labels or packages of cigarettes bearing counterfeit tax stamps.
(2) Counterfeit cigarettes and related machinery encountered by a law enforcement agency in connection with a charged violation of this section are declared contraband and must be seized by the law enforcement agency and held by it pending adjudication of the charges. Upon conviction, the counterfeit cigarettes and related machinery are forfeited and must be destroyed.
Section 11-48-100. It is unlawful for any person knowingly to violate any provision of this chapter and any regulations promulgated pursuant to this chapter. Where no specific criminal penalty is provided in this chapter, such a violation is a misdemeanor, and upon conviction, the person must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
Section 11-48-110. This Chapter 48 is intended as an aid to the enforcement of, and not as an amendment or modification to, Chapter 47 of this title. The General Assembly hereby finds and declares that any agreement of the State to enforce Chapter 47 of this title pursuant to the Master Settlement Agreement shall not be modified, varied, amended, supplemented, increased, or extended by the enactment and enforcement of this Chapter 48. Without limiting the generality of the foregoing, the interpretation and the method or degree of enforcement of this Chapter 48 shall not be allowed to serve as evidence that the provisions of Chapter 47 of this title are not being diligently enforced as contemplated by the Master Settlement Agreement." /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. RICE continued speaking.
Reps. ALTMAN and KENNEDY requested debate on the Bill.
Rep. RICE spoke in favor of the amendment.
Rep. RICE continued speaking.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\22638HTC04), which was tabled:
Amend the bill, as and if amended, page 10, by inserting after SECTION 2:
/ SECTION 2. A. (1) Section 11-47-30(b)(1) of the 1976 Code, as added by Act 47 of 1999, is amended by adding at the end:
"Notwithstanding the provisions of this subitem, the amounts required to be placed in a qualified escrow account for each unit sold in this State is limited to eighty percent of such units."
(2) Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies for units sold in this State on or after that date. /
Renumber sections to conform.
Amend title to conform.
Rep. RICE explained the amendment.
Rep. BATTLE spoke against the amendment.
Rep. BATTLE moved to table the amendment, which was agreed to by a division vote of 51 to 11.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Sumter Delegation:
S. 1136 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 741 OF 1990, AS AMENDED, AND ACT 620 OF 1992, AS AMENDED, BOTH RELATING TO ELECTION OF THE SUMTER COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO CHANGE THE FILING DATES FOR THE CANDIDATES TO FILE BY AUGUST FIFTEENTH TO CONFORM TO STATE LAW AND CHANGE REFERENCES FROM THE COUNTY ELECTION COMMISSION TO THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Rep. COTTY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 5085 (Word version) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G. R. Smith and Snow: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION WHILE LIVING OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.
The Veto on the following Act was taken up:
(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. HARVIN moved to continue the Veto, which was agreed to.
The Veto on the following Act was taken up:
(R209) H. 4702 (Word version) -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Rep. HARVIN moved to continue the Veto, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 4627 (Word version) -- Reps. Cooper, Thompson, Martin, Stille, Townsend and White: A BILL TO AMEND ACT 509 OF 1982, RELATING TO THE TIME OF FILING FOR ELECTION TO THE SCHOOL BOARD OF TRUSTEES FOR ANDERSON COUNTY, SO AS TO CHANGE THE TIME FOR FILING FOR THE OFFICE.
Rep. COOPER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
H. 5135 (Word version) -- Reps. McGee and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REDUCE THE SPEED LIMIT ON A PORTION OF SOUTHBOROUGH ROAD IN FLORENCE COUNTY.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to reduce from 45 to 35 miles per hour the speed limit on that portion of Southborough Road in Florence County beginning at the Darlington-Florence county line and ending where it intersects with Pine Needles Road.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1160 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY IN HONOR OF THE MEN AND WOMEN OF THE 4TH INFANTRY DIVISION AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "4TH INFANTRY DIVISION INTERCHANGE".
Rep. E. H. PITTS moved to adjourn debate on the Resolution until Thursday, April 22, which was agreed to.
The following Concurrent Resolution was taken up:
H. 5138 (Word version) -- Reps. Lloyd, Breeland, G. Brown, R. Brown, Davenport, J. Hines, Hosey, Littlejohn, Mack, J. H. Neal and Vaughn: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REQUIRE THE PUBLICATION, IN A MANNER MOST LIKELY TO REACH THE INTERESTED GENERAL PUBLIC, OF A SOLICITATION FOR BIDS FOR A FEDERAL CONTRACT TO BE AWARDED IN CONNECTION WITH A FEDERAL PROJECT IN SOUTH CAROLINA.
Whereas, the government of the United States of America has undertaken in the past, and can be expected to undertake in the future, numerous federal projects within the borders of the State of South Carolina; and
Whereas, it is only fair and reasonable that South Carolina contractors and vendors have the opportunity to bid on a contract to be awarded in connection with a federal project within this state's borders; and
Whereas, the interested general public is most likely to learn of the opportunity to submit a bid for a federal contract through the publication of a request for bids by the federal government in each of the three newspapers representing the three major metropolitan areas of the State, The Greenville News, The State in Columbia, and The Charleston Post and Courier, and in the newspaper most likely to be read by the residents of the county in which the project is to be located. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina does hereby memorialize the Congress of the United States to require the publication, in a manner most likely to reach the interested general public, of a solicitation for bids for a federal contract to be awarded in connection with a federal project in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1161 (Word version) -- Senators Elliott and Glover: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 301 NORTH IN DILLON COUNTY THAT BEGINS AT THE TRAFFIC LIGHT AT DILLON HIGH SCHOOL AND CONTINUES TO THE INTERSECTION AT THE FLOYD GRIFFIN STORE IN HAMER THE "STACEY GRIFFIN HIGHWAY", AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH POINTS WHERE APPLICABLE ON SOUTH CAROLINA HIGHWAY 301 NORTH CONTAINING THE WORDS "STACEY GRIFFIN HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF DILLON, DILLON COUNTY, AND THE STATE OF SOUTH CAROLINA.
Whereas, Stacey Griffin was born on March 13, 1928, and was an honor graduate of Dillon High School, where he was captain of the football and baseball teams, and upon graduation from high school, Stacey Griffin was a professional baseball player for the Detroit Tigers from 1948-1949; and
Whereas, Stacey Griffin served his country with distinction as a Battalion Commander of the 1st 263rd Armored Battalion of the South Carolina Army National Guard. He was a graduate of the Command General and Staff College, Ft. Leavenworth, Kansas. He served thirty-four years in the South Carolina Army National Guard, retiring in 1984 with the rank of Brigadier General; and
Whereas, he is a charter member of the South Carolina National Guard Hall of Fame; and
Whereas, he served the State of South Carolina and Dillon County, representing the Fourth Judicial Circuit as a member of the State Development Board from 1988-1992, steering key business to Dillon County to stimulate economic development; and
Whereas, he received numerous honors, awards, and recognitions as a former member of the Dillon Kiwanis Club and as a current member of the Dillon Lions Club; and
Whereas, Stacey Griffin is a model member of his community and has dedicated his time and talents to a variety of causes and organizations, including his active membership at Dillon First Baptist Church where he has served as a deacon and president of the Brotherhood; and
Whereas, Stacey Griffin has provided the citizens of Dillon County with a better quality of life, serving them as chairman of the Dillon County Transportation Committee since 1994; and
Whereas, Stacey Griffin has been married to Sylvia Scott Griffin for fifty-two years and together they have raised two sons, Scotty and Tracey; and
Whereas, he was a dedicated employee of Carolina Power & Light Company, working for forty years as a line and service supervisor, serving the many fine citizens of Dillon County; and
Whereas, the General Assembly is proud to recognize the service and accomplishments of Mr. Stacey Griffin and consider it fitting that the Department of Transportation name a portion of South Carolina Highway 301 North in Dillon County in honor of Stacey Griffin's service and accomplishments. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of South Carolina Highway 301 North in Dillon County that begins at the traffic light at Dillon High School and continues to the Floyd Griffin store on South Carolina Highway 301 North in Hamer, "The Stacey Griffin Highway" and to erect appropriate markers or signs at both points where South Carolina Highway 301 North is located, containing the words "Stacey Griffin Highway" in recognition of his many contributions to the City of Dillon, the County of Dillon, the State of South Carolina, and the United States of America.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and a copy be forwarded to Mr. Stacey Griffin of Dillon, South Carolina.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. HAYES moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4846 (Word version) -- Reps. Talley and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5042 (Word version) -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.
Ordered for consideration tomorrow.
The following was introduced:
H. 5156 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE SINCERE CONDOLENCES OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF WALTER S. RICHBOURG OF MANNING ON THE SAD OCCASION OF HIS DEATH FRIDAY, APRIL 2, 2004.
The Resolution was adopted.
The following was introduced:
H. 5157 (Word version) -- Reps. J. Brown, M. Hines, Clyburn, Breeland, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLASS OF 1954 OF ALLEN UNIVERSITY AS IT CELEBRATES ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE MEMBERS OF THIS OUTSTANDING CLASS FOR THEIR CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5158 (Word version) -- Reps. G. M. Smith, G. Brown, Weeks, J. H. Neal, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE RON SMITH OF SUMTER COUNTY FOR HIS TWENTY-ONE YEARS OF SERVICE AS DIRECTOR OF THE SUMTER COUNTY DEPARTMENT OF SOCIAL SERVICES AND PRAISE HIM FOR HIS CONTINUED DEDICATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up:
H. 4904 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 56-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD FOR REGISTERING AND LICENSING A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO REVISE THE CONTENTS OF A TEMPORARY LICENSE PLATE.
Rep. WALKER moved to reconsider the vote whereby Amendment No. 1 was adopted, which was agreed to.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5982CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-3-210(C) of the 1976 Code, as last amended by Act 251 of 2002, is further amended to read:
"(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, centered on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence."
SECTION 2. This act takes effect on July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\2004MM04), which was adopted:
Amend the bill, as and if amended, Section 56-3-210(C) as contained in SECTION 1, by striking Section 56-3-210 and inserting:
/"(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate that may contain the dealer's name and location and must contain, in characters not less than one-quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one-half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, inscribed with contrasting indelible ink, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A dealer person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence." /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\12460CM04), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Section 56-3-2350 of the 1976n Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 56-3-2350. A person engaged in the business of limited operation of motor vehicles to facilitate the movement of vehicles from a manufacturer to a dealer or distributor, or from a railroad terminal yard to a temporary storage facility prior to delivery to a dealer, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:
(a) if an individual, the name under which he intends to conduct business;
(b) if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;
(c) if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals." /
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\5999CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-2080(A) of the 1976 Code is amended to read:
"(A)(1) No person may be issued a commercial driver driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
(i) authorization for the department or the Federal Highway Administration FMCSA or its representatives to conduct random examinations, inspections, and audits without prior notice and randomly test commercial driver's license applicants or holders. An applicant or holder who fails retesting shall lose his commercial driver's license;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the persons participating in the program.
(3)(a) For purposes of determining eligibility to obtain or renew a commercial driver's license, and to the extent permitted by federal law and regulation, the term 'resident of this State' shall include persons authorized by the United States Citizenship and Immigration Services within the Department of Homeland Security to work in the United States. Upon application to obtain or renew a commercial driver's license a person must:
(i) present valid immigration and employment authorization documents, in a form and manner specified by the department, indicating the person's intent to live and work in South Carolina; and
(ii) submit criminal history reports conducted by the State Law Enforcement Division and the Federal Bureau of Investigation.
(b) The person may not be issued an endorsement that authorizes the person to drive:
(i) vehicles transporting hazardous materials;
(ii) vehicles carrying passengers; or
(iii) Department of Education school buses or school district-owned activity buses.
(c) The person may not operate a commercial motor vehicle transporting intermodal containers.
(d) The license must expire on the expiration date of the person's immigration and employment authorization document. However, in no event shall a license expire more than five years from the date of its issuance. In addition, a person pending adjustment of work status who presents appropriate documentation to the department must be granted a one-year license extension that is renewable annually."
SECTION 2. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-2005. The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations as promulgated."
SECTION 3. Section 56-1-10(11) of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:
"(11) 'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."
SECTION 4. Section 56-1-630(3) of the 1976 Code is amended to read:
"(3) 'Conviction' means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in a court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition or release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."
SECTION 5. Section 56-1-2030(22) of the 1976 Code is amended to read:
"(22) 'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person. ;
(f) driving a commercial motor vehicle without obtaining a commercial driver's license;
(g) driving a commercial motor vehicle without a commercial driver's license in the driver's possession;
(h) driving a commercial motor vehicle without the proper class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported."
SECTION 6. Section 56-1-2100(F) of the 1976 Code is amended to read:
"(F) Every person applying for renewal of a commercial driver driver's license shall complete the application form required by Section 56-1-2090(A), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed again. Every applicant must take and pass the written test for hazardous material endorsement to obtain or retain the endorsement. The person shall submit to a vision test."
SECTION 7. Section 56-1-2110(F) of the 1976 Code is amended to read:
"(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
Offenses committed by commercial driver's license holders in a commercial or noncommercial vehicle must be considered pursuant to this subsection. As contained in this subsection, serious traffic violations are those contained in Section 56-1-2030(22) and 49 CFR 383.5.
(G) As contained in this subsection, 'traffic violation' means the offenses contained in 49 CFR 383.51 (D) regarding driving disqualifications for violating railroad-highway grade crossing violations. A person is disqualified from driving a commercial motor vehicle pursuant to this subsection for not less than:
(1) sixty days if convicted of a traffic violation committed in a commercial motor vehicle;
(2) one hundred twenty days if convicted of two traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and
(3) one year if convicted of three traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period."
SECTION 8. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended revision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. GILHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1975MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 43, Title 23 of the 1976 Code is amended by adding:
"Section 23-43-85. (A) A single-family modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State:
(1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run;
(2) Eave projections. The eave projections of the roof must be at least ten inches, not including a gutter around the perimeter of the home unless the roof pitch is at least seven feet rise for every twelve feet of run;
(3) Exterior wall. The height of the exterior wall must be at least seven feet six inches for the first story;
(4) Siding and roofing materials. The materials and texture of the exterior materials must be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.
(B) A single-family modular home placed in the State after January 1, 2005, must meet the foundation requirements provided by the State in this subsection.
(1) A perimeter wall located under the exterior walls of the home, whether load-bearing or non load-bearing, must be constructed of brick, masonry, or other permanent material commonly used in standard residential construction, consistent with surrounding residential structures, and in accordance with the International Residential Code as adopted by the South Carolina Department of Labor, Licensing and Regulation. All modular manufacturers shall submit with the plan set for each building to the department's Modular Buildings Program a minimum foundation design.
(2) A home located in a coastal or flood plain area may require piling or other special foundation designs. These foundations must be designed by a registered professional engineer or architect and are subject to review and approval by the local jurisdiction and not by the Modular Buildings Program. A perimeter wall constructed of brick, masonry, or other materials to enclose the foundation of the home may be a requirement of the design."
SECTION 2. Section 12-36-2120(34) of the 1976 Code is amended to read:
"(34) thirty-five fifty percent of the gross proceeds of the sale of a modular homes home as defined in Section 31-17-20 regulated pursuant to Chapter 43 of Title 23, both on-frame and off-frame. For purposes of this item only, 'gross proceeds of sale' equals the manufacturer's net invoice price of the modular home sold, including all accessories built in to the modular home at the time of delivery to the purchaser and not including freight or deposit on returnable materials. The manufacturer shall collect the tax and remit it to the Department of Revenue;"
SECTION 3. Section 12-36-2110(B) of the 1976 Code is amended by adding at the end:
"The maximum tax authorized by this subsection does not apply to a single-family modular home regulated pursuant to Chapter 43, Title 23."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6011CM04), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Section 56-19-510 of the 1976 Code, as added by Act 88 of 2003, is amended to read:
"(A) An owner of a manufactured home may affix the home to real property by:
(1) installing the home in accordance with the required installation standards and removing the wheels, axles, and towing hitch; and
(2) filing with the register of deeds or clerk of court, as appropriate, for the county in which the manufactured home is located the Manufactured Home Affidavit for the Retirement of Title Certificate in the form prescribed in this article together with proof of ownership as evidenced by a copy of the most recent deed of record or other instrument vesting title, the certificate of occupancy from the appropriate building official of the jurisdiction in which the manufactured home is located, and paying the filing fee required for affidavits by Section 8-21-310.
(B) The register of deeds or clerk of court must record the affidavit as if it were a deed to real property with the homeowner being identified as grantor and give notification to the county assessor.
(C) Upon the filing of the affidavit, the manufactured home is to be treated for all purposes except condemnation as real property and title to the manufactured home is thereby vested in the lawful owner of the real property to which it is affixed. A warning notice to those filing the affidavit must be included in the affidavit.
(D) The Manufactured Home Affidavit for the Retirement of Title Certificate must be in the following form:
COUNTY OF ________________ ) OF TITLE CERTIFICATE
(1) Name of Owner
_________________________________________
(2) Description of Manufactured Home:
Date of Manufacture: _______________
Manufacturer: _______________________
Model year: _________________
Make: ___________________
Width: _________________
Length: ______________________
Identification Number (VIN): __________________________
(3) Check whichever is applicable:
_____ The above described manufactured home is not subject to a security lien.
_____ The above described manufactured home is subject to a security lien and a separate affidavit, as required by law, will be filed naming the secured parties.
(4) Check whichever is applicable:
__ The above described manufactured home is located in a jurisdiction with locally enforced building and safety codes adopted pursuant to Title 6, Chapter 9 of the 1976 Code and attached to this form is written evidence of compliance with the applicable codes as of the date the manufactured home was permanently affixed to the above described real property. Written evidence of compliance includes, but is not limited to, a copy of a certificate of occupancy, a statement from the code enforcement office, an inspection report or any documentation of similar effect from the local code enforcement office having the appropriate jurisdiction. Only one document should be attached to this form.
__ The above described manufactured home is not located in a jurisdiction with locally enforced building and safety codes adopted pursuant to Title 6, Chapter 9 of the 1976 Code applicable to manufactured homes.
(5) Full legal description of new the property to which manufactured home is currently is, or to be affixed using metes by book and page. (A separate sheet identified as 'Exhibit A' may be attached.)
(5) (6) Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from ___________________________________________ and recorded ____________ in Book _____________ at page _________________.
Tax map number______________________
Tax billing address
_________________________________________
(6) (7) The above described manufactured home is permanently affixed or is to be permanently affixed to the above described real property and the title certificate is to be retired in accordance with applicable law.
(7)(8) Check if applicable:
______The owner of the manufactured home owns or has a leasehold estate of thirty-five or more years in the real property to which the manufactured home is affixed.
(8) (9) WARNING: the execution and filing of this affidavit transfers ownership of the manufactured home to the lawful owner of the real property to which it is affixed.
The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.
Date:___________________
___________________________________
Signature of owner:
___________________________________
Type or print name of owner
Witness: _____________________________
Witness: _____________________________
STATE OF SOUTH CAROLINA )
COUNTY OF ________________ ) PROBATE
Before me, the undersigned Notary Public, personally appeared ______________________________, who, being duly sworn, deposed and said that (s)he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that (s)he, together with ____________________________ witnessed the execution thereof.
___________________________________
SWORN to before me this
___ day of _______________
Notary Public for_________________(L.S.)
My Commission Expires:_____________ " /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\2003MM04), which was adopted:
Amend the bill, as and if amended, Section 23-43-85 as found in SECTION 1, by adding at the end of the section, after line 23, the following:
/ (C) An appeal for a variance from a certification standard or a foundation requirement described in this section may be taken in the same manner as provided in Section 23-43-120. /
Renumber sections to conform.
Amend title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.
Reps. WITHERSPOON, LOFTIS, HAGOOD, EMORY, MCLEOD, GOURDINE, SCARBOROUGH, OWENS, TRIPP, PERRY, CATO, VAUGHN, HAMILTON, F. N. SMITH, ALLEN, COATES and MOODY-LAWRENCE requested debate on the Bill.
The following Bill was taken up:
H. 4130 (Word version) -- Reps. Cato, Tripp, G. R. Smith, Anthony and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1986MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. The General Assembly finds that:
(1) a vibrant and growing small business sector is critical to creating jobs in a dynamic economy;
(2) small businesses bear a disproportionate share of regulatory costs and burdens;
(3) fundamental changes needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;
(4) when adopting regulations to protect the health, safety, and economic welfare of this State, state agencies shall seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers;
(5) uniform regulatory and reporting requirements impose unnecessary and disproportionately burdensome demands, including legal, accounting, and consulting costs, upon small businesses with limited resources;
(6) the failure to recognize differences in the scale and resources of regulated businesses adversely affects competition in the marketplace, discourages innovation, and restricts improvements in productivity;
(7) unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;
(8) the practice of treating all regulated businesses as equivalent leads to inefficient use of regulatory agency resources, enforcement problems, and actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation;
(9) alternative regulatory approaches that do not conflict with the stated objective of applicable statutes are available to minimize the significant economic impact of regulations on small businesses; and
(10) the process by which state regulations are developed and adopted must be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing regulations on these businesses, and to review the continued need for existing regulations.
SECTION 2. Chapter 23, Title 1 of the 1976 Code is amended by adding:
"Section 1-23-270. (A) This article may be cited as the 'South Carolina Small Business Regulatory Flexibility Act of 2004'.
(B) As used in this article 'small business' means a commercial retail service, industry entity, or nonprofit corporation, including its affiliates, that:
(1) is, if a commercial retail service or industry service, independently owned and operated; and
(2) employs fewer than one hundred full-time employees or has gross annual sales or program service revenues of less than five million dollars.
(C) Before an agency submits to the General Assembly for review a regulation that may have a significant adverse impact on small businesses, the agency, if directed by the Small Business Regulatory Review Committee, shall prepare:
(1) an economic impact statement that includes the following:
(a) an identification and estimate of the number of small businesses subject to the proposed regulation;
(b) the projected reporting, record keeping, and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record;
(c) a statement of the economic impact on small businesses; and
(d) a description of less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation;
(2) a regulatory flexibility analysis in which the agency, where consistent with health, safety, and environmental and economic welfare, shall consider utilizing regulatory methods that accomplish the objectives of applicable statutes while minimizing a significant adverse impact on small businesses.
(D) The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed regulation on small businesses:
(a) establishment of less stringent compliance or reporting requirements for small businesses;
(b) establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;
(c) consolidation or simplification of compliance or reporting requirements for small businesses;
(d) establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and
(e) exemption of small businesses from all or a part of the requirements contained in the proposed regulation.
(E) A small business that is adversely impacted or aggrieved in connection with the promulgation of a regulation is entitled to judicial review of agency compliance with the requirements of this article. A small business may seek that review during the period beginning on the date of final agency action.
(F)(1) Within five years of the effective date of this article, each agency shall review all agency regulations existing at the time of the effective date to determine whether to continue the regulations without change or amend or rescind them to minimize economic impact of the regulations on small businesses in a manner consistent with the stated objective of applicable statutes. If the head of the agency determines that completion of the review of existing regulations is not feasible by the established date, the agency shall publish in the State Register a statement certifying that determination.
(2) Regulations that take effect on or after the effective date of this article must be reviewed within five years of the publication of the final regulation in the State Register and every five years after that to ensure that they minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes.
(3) In reviewing regulations to minimize their economic impact on small businesses, the agency shall consider the:
(a) continued need for the regulation;
(b) nature of complaints or comments received concerning the regulation from the public;
(c) complexity of the regulation;
(d) extent to which the regulation overlaps, duplicates, or conflicts with other federal, state, and local governmental regulations; and
(e) length of time since the regulation has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation.
(G) An agency may promulgate an emergency regulation pursuant to Section 1-23-130, notwithstanding that the regulation otherwise would be subject to this article.
Section 1-23-280. (A)(1) There is established a Small Business Regulatory Review Committee within the South Carolina Department of Commerce. For purposes of this article, 'committee' is the Small Business Regulatory Review Committee and 'department' is the South Carolina Department of Commerce.
(2) The duties of the committee, in determining if a proposed permanent regulation has a significant impact on small businesses, are to:
(a) direct the promulgating agency to prepare the regulatory flexibility analysis described in Section 1-23-270(C)(1) no later than the end of the public comment period that follows the notice of proposed regulation, as provided in Section 1-23-110(A)(3);
(b) request, at the committee's discretion, the Office of Research and Statistics of the Budget and Control Board to prepare a final assessment report, as provided in Section 1-23-115(B), of the proposed permanent regulation no later than the end of the public comment period that follows the notice of proposed regulation, as provided in Section 1-23-110(A)(3). The committee may request a final assessment report from the Office of Research and Statistics only in cases where the committee determines that information in addition to the agency's economic impact as provided in Section 1-23-117(C)(1) is critical in the committee's determination that a proposed permanent regulation has a significant adverse impact on small business. The Office of Research and Statistics:
(i) within the review and comment period, shall perform a final assessment report of the regulation on small businesses within sixty days of a request for assessment by the committee, and the promulgating agency has sixty days to complete a regulatory flexibility analysis; and
(ii) may request additional information from the agency. The sixty-day final assessment report deadline must be tolled until the time that the Office of Research and Statistics receives the requested additional information. The one-year deadline for submission of regulations to the General Assembly as provided in Section 1-23-120(A) also must be tolled until the time that both analyses are prepared and presented to the committee; and
(c) submit to the promulgating agency, no later than thirty days after receipt of the regulatory flexibility analysis prepared by the promulgating agency and, if requested by the committee, after receipt of the final assessment report prepared by the Office of Research and Statistics, a written statement advising the agency that a proposed permanent regulation has a significant adverse impact on small business.
(3) This subsection does not limit the committee's ability to petition a state agency to amend, revise, or revoke an existing regulation.
(4) Staff support for the committee must be provided by the department. The department shall act only as a coordinator for the committee, and may not provide legal counsel for the committee.
(B) The committee shall consist of eleven members, appointed as follows:
(1) five members to be appointed by the Governor;
(2) three members to be appointed by the President Pro Tempore of the Senate; and
(3) three members to be appointed by the Speaker of the House of Representatives.
(C) In addition, the Chairman of the Labor, Commerce and Industry Committee of the South Carolina Senate and the Chairman of the Labor, Commerce and Industry Committee of the South Carolina House of Representatives, or their designees, shall serve as nonvoting, ex officio members of the committee. During the committee review process, the director, or his designee, of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation.
(D) Appointments to the committee must be representative of a variety of small businesses in this State. All appointed members shall be either current or former owners or officers of a small business.
(E) The initial appointments to the committee must be made within sixty days from the effective date of this act. The department shall provide the name and address of each appointee to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chairmen of the House and Senate Labor, Commerce and Industry Committees.
(F)(1) Members initially appointed to the committee shall serve for terms ending December 31, 2005. Thereafter, appointed members shall serve two-year terms that expire on December thirty-first of the second year.
(2) The Governor shall appoint the initial chairman of the committee from the appointed members for a term ending December 31, 2006, and shall appoint subsequent chairs of the committee from the appointed members for two-year terms that expire on December thirty-first of the second year.
(3) The committee shall meet as determined by its chairman.
(4) A majority of the voting members of the committee constitutes a quorum to do business. The concurrence of a majority of the members of the committee present and voting is necessary for an action of the committee to be valid.
(5) An appointed committee member may not serve more than three consecutive terms.
Section 1-23-290. (A) For promulgated regulations, the committee may file a written petition with the agency that has promulgated the regulations opposing all or part of a regulation that has a significant adverse effect on small business.
(B) Within sixty days after the receipt of the petition, the agency shall determine whether the impact statement or the public hearing addressed the actual and significant impact on small business or if conditions justifying the regulation have changed. The agency shall submit a written response of its determination to the committee within sixty days after receipt of the petition. If the agency determines that the petition merits the amendment, revision, or revocation of a regulation, the agency may initiate proceedings in accordance with the applicable requirements of the Administrative Procedures Act.
(C) If the agency determines that the petition does not merit the amendment or repeal of a regulation, the committee promptly shall convene a meeting for the purpose of determining whether to recommend that the agency initiate proceedings to amend or repeal the regulation in accordance with the Administrative Procedures Act. The review must be based upon the actual record presented to the agency. The committee shall base its recommendation on any of the following reasons:
(1) the actual impact on small business was not reflected in, or significantly exceeded, the economic impact statement formulated by the Office of Research and Statistics, pursuant to Section 1-23-280(A)(2);
(2) the actual impact was not previously considered by the agency in its economic impact statement formulated pursuant to Section 1-23-270(C) or its regulatory flexibility analysis formulated pursuant to Section 1-23-280(A)(2); or
(3) the technology, economic conditions, or other relevant factors justifying the purpose for the regulations have changed or no longer exist.
(D) If the committee recommends that an agency initiate regulation proceedings for a reason provided in subsection (C), the committee shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate an evaluation report and the agency's response as provided in Section 1-23-290(B). The General Assembly may take later action in response to the evaluation report and the agency's response as the General Assembly finds appropriate.
(E)(1) Notwithstanding another provision of law, an agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce an administrative penalty or administrative fine for a violation of a regulation by a small business if the:
(a) small business corrects the violation within thirty days or less after receipt of a notice of violation or citation; or
(b) violation was the result of an excusable misunderstanding of the agency's interpretation of a regulation.
(2) Item (1) does not apply if:
(a) a small business has been notified previously of the violation of a regulation by the agency pursuant to Section 1-23-290(E)(1) and has been given an opportunity to correct the violation on a previous occasion;
(b) a small business fails to exercise good faith in complying with the regulation;
(c) a violation involves wilful or criminal conduct;
(d) a violation results in imminent or adverse health, safety, or environmental impact; or
(e) the penalty or fine is assessed pursuant to a federal law or regulation, for which a waiver or reduction is not authorized by the federal law or regulation.
(F) The Governor by Executive Order, or the General Assembly by joint resolution, or the committee pursuant to Section 1-23-119, may request an agency to review its regulations to determine if the regulations in question should be amended, repealed, or redrafted. The agency must respond to requests from the Governor or the General Assembly within ninety calendar days of receipt of the request.
Section 1-23-300. This article does not apply to proposed regulations by an agency to implement a statute or ordinance that does not require an agency to interpret or describe the requirements of the statute or ordinance, such as state legislative or federally mandated provisions that do not allow discretion to consider less restrictive alternatives or to a federal regulation that has gone through the federal regulatory flexibility act, if the federal review process is the same as or is stricter than the requirements of these sections."
SECTION 3. Section 1-23-10(7) of the 1976 Code, as added by Act 507 of 1992, is amended to read:
"(7) 'Substantial economic impact' means a financial impact upon:
(a) commercial enterprises;
(b) retail businesses;
(c) service businesses;
(d) industry;
(e) consumers of a product or service; or
(f) taxpayers.; or
(g) small businesses as defined in Section 1-23-270."
SECTION 4. Section 1-23-120(A) of the 1976 Code, as last amended by Act 411 of 1996, is further amended to read:
"(A) All regulations except those specifically exempted under pursuant to this section must be submitted to the General Assembly for review in accordance with this article, but no a regulation may must not be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110, except those regulations requiring a final assessment report as provided in Sections 1-23-270 and 1-23-280. A regulation submitted to the General Assembly for review may must not be withdrawn or modified by the agency for any reason except upon written notification by a committee that the committee by majority vote cannot approve the regulation in the form submitted, as provided for in Section 1-23-125."
SECTION 5. Section 1-23-120(B) of the 1976 Code, as last amended by Act 231 of 2002, is further amended by adding appropriately numbered items at the end to read:
"( ) a copy of the economic impact statement, as provided in Section 1-23-270 (C)(1)(a).
( ) a copy of the regulatory flexibility analysis, as provided in Section 1-23-270 (C)(1)(b)."
SECTION 6. Upon approval by the Governor, this act takes effect January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. DELLENEY continued speaking.
The amendment was then adopted.
Rep. DELLENEY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1987MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Part 4, Chapter 9, Title 36 of the 1976 Code is amended by adding:
"Section 36-9-410. (A) Notwithstanding Section 36-9-401, a person who intentionally or wilfully sells or disposes of personal property that is subject to a security interest, with the intent to defraud the secured party, without the written consent of the secured party and without paying the debt secured by the security interest within ten days after sale or disposal or, in that time, depositing the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
(B) This section does not apply:
(1) if the sale is made without the knowledge or notice of the security interest by the person selling the property;
(2) to the granting of subsequent security interests;
(3) if the loan secured by the personal property includes a charge for nonfiling insurance; or
(4) to personal property titled by the Department of Public Safety of the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources.
(C) If the value of the property is less than seven thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than thirty days or a fine of five hundred dollars, or both. Otherwise, the offense is triable in the court of general sessions, subject to transfer under Section 22-3-545."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\1994MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-11-700 of the 1976 Code is amended to read:
"Section 16-11-700. (A) No A person, from a vehicle or otherwise, may not dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 44-96-40(46), upon any public or private property or waters in the State whether from a vehicle or otherwise including, but not limited to, a public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:
(1) when the on property is designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose; or
(2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.
(B) Responsibility for the removal of litter from property or receptacles is upon the person convicted under pursuant to this section of littering the property or receptacles. However, if If there is no conviction for littering, the responsibility is upon the owner of the property or upon the owner of the property where the receptacle is located.
(C)(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined two hundred dollars or imprisoned for not more than thirty days for a first or second conviction, or fined five hundred dollars or imprisoned for not more than thirty days for a third or subsequent conviction. In addition to the fine or term of imprisonment, the court also must also impose fifteen eight hours of litter-gathering labor for a first conviction, thirty sixteen hours of litter-gathering labor for a second conviction, and 100 twenty-four hours of litter-gathering labor for a third or subsequent conviction, or other form of public service, under the supervision of the court, as the court may order because of physical or other incapacities, and which is under the supervision of the court.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage,. but this This item does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under pursuant to the provisions of this item, the court shall also shall impose a minimum of five hours of litter-gathering labor or other form of public service, under the supervision of the court, as the court may order because of physical or other incapacities, and which is under the supervision of the court.
(3) The court, in lieu instead of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of public service, under the supervision of the court, as it may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.
(4) In addition to any other punishment authorized by this section, in the discretion of the court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner of the property upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone any person before the date of execution of sentence.
(5) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section.
(D) Any A person who violates the provisions of this section in an amount exceeding fifteen pounds in weight or twenty-seven cubic feet in volume, but not exceeding five hundred pounds or one hundred cubic feet, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed, up to one hundred hours.
(E)(1) Any A person who violates the provisions of this section in an amount exceeding five hundred pounds in weight or one hundred cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, or imprisoned not more than one year, or both. In addition, the court may order the violator to:
(a) remove or render harmless the litter that he dumped in violation of this subsection;
(b) repair or restore property damaged by, or pay damages for damage arising out of, his dumping of litter in violation of this subsection; or
(c) perform community public service relating to the removal of litter dumped in violation of this subsection or relating to the restoration of an area polluted by litter dumped in violation of this subsection.
(2) A court may enjoin a violation of this subsection.
(3) A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than five hundred pounds in weight or more than one hundred cubic feet in volume of litter in violation of this subsection is declared contraband and is subject to seizure and summary forfeiture to the State.
(4) If a person sustains damages arising out of in connection with a violation of this subsection that is punishable as gives rise to a felony against the person or his property, a court, in a civil action for such those damages, shall order the person wrongdoer to pay the injured party threefold the actual damages or two hundred dollars, whichever amount is greater. In addition, the court shall order the person wrongdoer to pay the injured party's court costs and attorney's fees.
(5) No part of a A fine imposed pursuant to this section subsection may must not be suspended, in whole or in part.
(F)(1) When the penalty for a violation of this section includes litter-gathering labor in addition to a fine or imprisonment, the litter-gathering portion of the penalty is mandatory and must not be suspended; however, the court, upon the request of a person convicted of violating this section, may direct that the person pay an additional monetary penalty instead of the litter-gathering portion of the penalty that must be equal to the amount of five dollars an hour of litter-gathering labor. Probation must not be granted instead of the litter-gathering requirement, except for a person's physical or other incapacities.
(2) Funds collected pursuant to this subsection instead of the mandatory litter-gathering labor must be remitted to the county or municipality where the littering violation took place. The money collected must be used for the litter pick up supervision.
(G) For purposes of the offenses established by this section, litter includes cigarettes and cigarette filters.
(H) A prior violation within the meaning of this section means only a violation of this section which occurred within a period of five years including and immediately preceding the date of the last violation.
(I) Magistrates and municipal courts have jurisdiction to try violations of subsections (A), (B), (C), and (D) of this section."
SECTION 2. Section 56-25-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-25-20. When a South Carolina court or the driver licensing authority of a compact jurisdiction notifies the department that a resident of South Carolina or person possessing a valid South Carolina driver's license has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation issued in this or any compact jurisdiction, the department may suspend or refuse to renew the person's driver's license if the notice from a South Carolina court or the driver licensing authority of a compact jurisdiction is received no more than twelve months from the date on which the traffic citation or an official Department of Natural Resources summons for a littering violation was issued or adjudicated. The license must remain suspended until satisfactory evidence has been furnished to the department of compliance with the terms of the citation or an official Department of Natural Resources summons for a littering violation and any further order of the court having jurisdiction in the matter and until a reinstatement fee as provided in Section 56-1-390 is paid to the department. A person whose license is suspended under this section is not required to file proof of financial responsibility as required by the Financial Responsibility Act (Chapter 9 of Title 56) as a condition for reinstatement.
Upon notification by a South Carolina court that a nonresident licensed in a compact jurisdiction has failed to comply with the terms of a traffic citation or an official Department of Natural Resources summons for a littering violation, the department shall notify the licensing authority in the compact jurisdiction for such action as appropriate under the terms of the compacts."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4785 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT A BONDSMAN OR RUNNER MAY NOT PERFORM, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY NOT RETRIEVE A BONDS LIST FROM A JAIL OR RETRIEVE ANY NAMES AND FAMILY RECORDS FROM ANY JAIL RECORDS; TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE ACTIVITIES OF BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS HAS COMMITTED A CRIME OF MORAL TURPITUDE, TO RECLASSIFY A VIOLATION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE PENALTY.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 1114 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN BARNWELL COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 970 (Word version) -- Senators McConnell and Ford: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 2 AND 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2004.
Rep. HARRISON explained the Joint Resolution.
S. 1085 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON INDIGENT DEFENSE MAY TRANSFER UNSPENT FUNDS FROM CARRY-FORWARD MONEYS FROM THE LAST FISCAL YEAR TO THE OFFICE OF APPELLATE DEFENSE TO HELP OFFSET THAT AGENCY'S BUDGET REDUCTIONS.
Rep. KIRSH explained the Joint Resolution.
The following Bill was taken up:
S. 1123 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN DARLINGTON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Rep. NEILSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
S. 1159 (Word version) -- Senator McConnell: A JOINT RESOLUTION TO SUSPEND THE APPLICATION OF THE DECEMBER FIRST DEADLINE FOR RECEIVING THE APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FOR THE 2004 APPOINTMENT ONLY AND WITHOUT CREATING A PRECEDENT FOR DELAYED RECEIPT OF SUBSEQUENT APPOINTMENTS FOR THIS POSITION.
Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. KIRSH moved that the House recur to the Morning Hour, which was agreed to.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 962 (Word version) -- Senators Rankin and Glover: A CONCURRENT RESOLUTION RECOGNIZING THE MANY CONTRIBUTIONS OF THE LATE EUGENE F. (GENE) JOHNSON OF MARION COUNTY AND HONORING HIS MEMORY BY NAMING THE LITTLE PEE DEE RIVER BRIDGE, ADJOINING HORRY COUNTY AND MARION COUNTY, ON HIGHWAY 917 JUST OUTSIDE OF MULLINS, SOUTH CAROLINA, THE "EUGENE F. (GENE) JOHNSON MEMORIAL BRIDGE".
Ordered for consideration tomorrow.
The following was introduced:
H. 5159 (Word version) -- Rep. Neilson: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR HOWARD BAZEN OF DARLINGTON COUNTY FOR HIS SIXTY YEARS IN THE RESTAURANT BUSINESS AND TO WISH HIM SUCCESS WITH HIS LATEST ENDEAVOR, HOWARD'S RESTAURANT, INSIDE THE WILLIAMS TRUCK PLAZA.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5160 (Word version) -- Reps. Bingham, Toole, Koon, Ott, Clark, E. H. Pitts, Huggins, McLeod and Frye: A BILL TO ENACT THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN LEXINGTON COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF LEXINGTON COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN LEXINGTON COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN LEXINGTON COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.
Referred to Lexington Delegation
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4984 (Word version) -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA; AT THE CONCLUSION OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS, THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE CITADEL, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2004, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The 2004 Jean Laney Harris Award Winners were escorted to the rostrum by Senators Reese, Ravenel, Gregory, Patterson and O'Dell and Representatives LEE, MILLER, EMORY, SCOTT and TOWNSEND.
Lt. Gov. Bauer made the following opening remarks:
"The purpose of this Joint Assembly is to appropriately honor the winners of the 2004 Jean Laney Harris Folk Heritage Awards. On behalf of the South Carolina General Assembly, I want to welcome the winners of the 2004 Jean Laney Harris Folk Heritage Awards and their families and friends. We are glad to have you all here today to celebrate the seventeenth annual presentation of the Folk Heritage Awards. On this special occasion, we honor five South Carolinians for their dedication and preservation of artistic and cultural traditions that have a longstanding presence in our region. These traditions have historically strengthened families and communities throughout our great State and they continue to enrich the everyday lives of all South Carolinians. By recognizing these citizens for their lifetime achievements, we likewise recognize the unique traditions that are a part of South Carolina's rich and diverse heritage. And now I would like to invite the Speaker of the House, Representative David H. Wilkins, to do the honor of presenting this year's Jean Laney Harris Folk Heritage Awards."
SPEAKER WILKINS made the following remarks:
"Thanks Lt. Governor Bauer. The Jean Laney Harris Folk Heritage Awards help us to remember that the many traditions of our State's cultures are important and that they must be preserved and passed on. It is my distinct honor today to present this year's Folk Heritage Awards to our five honorees.
Our first honoree is Ted Brackett from Inman, South Carolina who is a traditional fiddler. Ted was born in 1915 and remembers the old music on the radio in the 1920s. By the time Ted was 12 years old, he and his two brothers were playing at house parties and barn dances all over the Upstate. Ted recalls, 'We'd walk with instruments in hand until we got to where we were going, and after it was over we'd walk back home. It took us all night long.' Ted never strayed very far from his love of music. His younger brother, Leonard, would accompany him on the banjo. Ted and Leonard played regularly until the early 1990s. It is my pleasure to present the Jean Laney Harris Award to Ted Brackett.
Our second honoree is Willie Dereef from Georgetown who is a traditional boatbuilder. Willie Dereef was born on Pawleys Island in the early 1920s. As a young child, he learned traditional boatbuilding skills from his uncle, Abraham Joseph who was born in 1870. Since his childhood, Mr. Dereef estimates he has made more than 80 boats, most of which are the flat bottom shad fish or riverboats popular in Georgetown County. Mr. Dereef is now the last known boatbuilder in Georgetown County. He is currently instructing his grandson on the craft, ensuring that knowledge of traditional boatbuilding has spanned four generations. It is my pleasure to present the Jean Laney Harris Award to Willie Dereef.
Our third honoree is Evelyn George from Rock Hill, a Catawba potter. Born in 1914, Evelyn George learned to make pottery as a child from her great-grandmother. As a young adult, pottery making competed with raising children and work, and thus was practiced on a less frequent basis. In the 1970s, as Ms. George's responsibilities began to subside, she began to make pottery with increased frequency. Since then, Ms. George has not only earned the status of master potter from her peers at the Catawba Nation, but works with all aspects of cultural life on the Catawba Indian Reservation. It is important to Ms. George that Catawba youth begin to learn their traditions at a young age. Ms. George states, 'I think the next generation will be coming along and taking [pottery] up. It almost died before, but I don't believe it will die down too much anymore.' It is my pleasure to present the Jean Laney Harris Award to Evelyn George.
Our fourth honoree is Gale McKinley from Anderson who is a split oak basketmaker. Gale is a fourth generation split oak basketmaker. She notes that before the modern era, split oak baskets were essential tools in everyday life for the majority of South Carolina families living in rural settings. Baskets were used for daily chores, in the harvesting of crops, and even used for trapping fish along many of our State's rivers. Today, there are very few individuals practicing this tradition. However, Ms. McKinley's dedication to the craft is very strong. She has taught her son the tradition and states that now 'he has basketmaking in his blood.' It is my pleasure to present the Jean Laney Harris Award to Gale McKinley.
Our fifth honoree is Larry Klein from Columbia, advocate for bluegrass music. Larry Klein has been host of the SC Educational Radio program 'The Bluegrass Sound' since 1989. Working with the show's creator and producer, Clarence Dreher, Dr. Klein has faithfully compiled hour-long radio programs that are broadcast across our State. Dr. Klein uses 'The Bluegrass Sound' to not only highlight the latest in bluegrass music, but as an educational tool for interested individuals. His dedication to bluegrass music in South Carolina is evident through a statement by the late bluegrass legend Pappy Sherrill. Mr. Sherrill says, 'He is a walking encyclopedia on who's who in bluegrass and old time country music.
I know of no one who can come close to his knowledge of this traditional South Carolina music.' It is my pleasure to present the Jean Laney Harris Award to Larry Klein.
Thanks to each of this year's award recipients for sharing your talents with us and with our State. Each of you are enriching our lives by sharing your special gifts. There is a reception immediately following today's ceremony in the second floor lobby of McKissick Museum located on the University of South Carolina's campus. I invite all of you to take this opportunity to meet and talk with these remarkable people who have devoted their lives to preserving our State's folk traditions."
SPEAKER WILKINS recognized Ted Brackett.
SPEAKER WILKINS recognized Willie Dereef.
SPEAKER WILKINS recognized Evelyn George.
SPEAKER WILKINS recognized Larry Klein.
SPEAKER WILKINS recognized Gale McKinley.
Lt. Gov. Bauer made the following closing remarks:
"I'd like to close this ceremony by thanking the award winners for sharing their talents with us today. This assembly is now adjourned."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4984 (Word version) -- Reps. Jennings, Neilson and Freeman: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 21, 2004, AT 12:00 NOON, OR A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE, AND TO RECOGNIZE AND COMMEND THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA; AT THE CONCLUSION OF THE 2004 JEAN LANEY HARRIS FOLK HERITAGE AWARDS, THE HOUSE OF REPRESENTATIVES AND THE SENATE SHALL MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE CITADEL, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2004, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President recognized SENATOR Giese, Vice-Chairman of the Joint Screening Committee.
FIRST CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: L. Cherry Daniel and George E. Malanos.
SENATOR Giese stated that George E. Malanos had withdrawn from the race, and placed the name of the remaining candidate, L. Cherry Daniel in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that L. Cherry Daniel was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Joel H. Smith and G. Lee Mikell.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Smith:
Anderson Courson Drummond Elliott Ford Giese Glover Gregory Hutto Jackson Land Malloy Matthews McGill Moore Patterson Pinckney Rankin Reese Sheheen Short
The following named Senators voted for Mikell:
Alexander Branton Cromer Fair Grooms Hawkins Hayes Leatherman Martin McConnell Mescher O'Dell Peeler Ravenel Richardson Ritchie Smith, J. V. Thomas Verdin Waldrep
On motion of Rep.Thompson, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Smith:
Allen Anthony Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Harvin J. Hines M. Hines Howard Jennings Kennedy Kirsh Lee Lloyd Lourie Mack Martin McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott Sinclair F. N. Smith J. E. Smith Thompson Vaughn Weeks Whipper Wilkins Witherspoon
The following named Representatives voted for Mikell:
Altman Bailey Barfield Bingham Ceips Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Haskins Herbkersman Hinson Hosey Huggins Keegan Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Snow Stewart Stille Talley Taylor Toole Tripp Trotter Umphlett Viers Walker White Whitmire Young
RECAPITULATION
Total number of Senators voting 41
Total number of Representatives voting 114
Grand Total 155
Necessary to a choice 78
Of which Smith received 72
Of which Mikell received 83
Whereupon, the PRESIDENT announced that G. Lee Mikell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that J. Philip Bell had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Philip Bell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Lawrence R. Miller had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Lawrence R. Miller was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that W. Dwight Johnson had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that W. Dwight Johnson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 11.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Demetria N. Clemons had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Demetria N. Clemons was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Marie M. Land had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Marie M. Land was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that James F. Hightower had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James F. Hightower was duly elected for the term prescribed by law.
AT-LARGE DISTRICT
The PRESIDENT announced that nominations were in order for the At-Large District.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: William E. Jenkinson III and Tim Rush.
SENATOR Giese stated that Tim Rush had withdrawn from the race, and placed the name of the remaining candidate, William E. Jenkinson III in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William E. Jenkinson III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Raymond G. Johnson, Buck Limehouse, and Thomas McQueeny.
SENATOR Giese stated that Raymond G. Johnson and Thomas McQueeny had withdrawn from the race, and placed the name of the remaining candidate, Buck Limehouse, in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Buck Limehouse was duly elected for the term prescribed by law.
THREE AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for three At-Large Seats.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified, and placed their names in nomination: Louis B. Lynn, William C. Smith, Jr. and Bob Peeler.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Louis B. Lynn, William C. Smith, Jr. and Bob Peeler were duly elected for the term prescribed by law.
I will not vote in the Clemson University Board of Trustees race due to a business conflict.
Rep. Brenda Lee
FIRST CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Melissa Johnson Emery had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Melissa Johnson Emery was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Gail Ness Richardson had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Gail Ness Richardson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Patricia C. Hartung and Robert C. Figueira.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hartung:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. V. Thomas Verdin
The following named Senators voted for Figueira:
Waldrep
On motion of Rep. THOMPSON, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hartung:
Allen Altman Anthony Bales Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson Quinn Rhoad Rice Richardson Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Figueira:
Bailey M. A. Pitts
RECAPITULATION
Total number of Senators voting 44
Total number of Representatives voting 115
Grand Total 159
Necessary to a choice 80
Of which Hartung received 156
Of which Fiqueira received 3
Whereupon, the PRESIDENT announced that Patricia C. Hartung was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Alex Kiriakides III had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Alex Kiriakides III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that George C. McIntyre had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that George C. McIntyre was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that William W. Coleman, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William W. Coleman, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Robert W. Williams, Jr. and Thomas D. Cathcart.
On motion of Senator GIESE, the name of Mr. Thomas D. Cathcart was withdrawn from consideration.
Senator GIESE moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Mr. Robert W. Williams, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Robert A. Brimmer had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert A. Brimmer was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that George R. Starnes had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that George R. Starnes was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Finis Horne had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Finis Horne was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Jack W. Lawrence had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Jack W. Lawrence was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that S. Anne Walker had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that S. Anne Walker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that J. Thomas Kinard had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Thomas Kinard was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 14.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Ann B. Bowen had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ann B. Bowen was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, NON-MEDICAL
The PRESIDENT announced that nominations were in order for the First Congressional District, non-medical.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Melvyn Berlinsky had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Melvyn Berlinsky was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, non-medical.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that William H. Bingham, Sr. had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William H. Bingham, Sr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, non-medical.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Charles W. Schulz had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Charles W. Schulz was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, medical.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Dr. Charles B. Thomas, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Charles B. Thomas, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, medical.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Dr. Cotesworth P. Fishburne, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. Cotesworth P. Fishburne, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, medical.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Dr. E. Conyers O'Bryan, Jr. had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Dr. E. Conyers O'Bryan, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 5.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Linda Edwards had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Linda Edwards was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 11.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: John Williams, Jr. and John T. Bowden.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Williams:
Anderson Branton Cromer Elliott Fair Ford Glover Hutto Knotts Malloy McConnell Mescher O'Dell Patterson Peeler Rankin Ravenel Reese Ritchie Ryberg Thomas Verdin Waldrep
The following named Senators voted for Bowden:
Alexander Drummond Giese Gregory Grooms Hawkins Hayes Jackson Land Leatherman Matthews McGill Moore Pinckney Richardson Setzler Sheheen Short
On motion of Rep. THOMPSON, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Williams:
Allen Altman Bales Bingham Branham Breeland J. Brown R. Brown Ceips Clark Clyburn Coates Delleney Duncan Edge Frye Gilham Govan Hagood Hamilton Harrell Haskins Herbkersman M. Hines Hinson Hosey Jennings Keegan Kirsh Koon Limehouse Lloyd Loftis Martin Moody-Lawrence Perry E. H. Pitts Quinn Rutherford Scarborough Scott Skelton F. N. Smith Stewart Taylor Viers Walker Wilkins Young
The following named Representatives voted for Bowden:
Anthony Bailey Barfield Bowers G. Brown Cato Clemmons Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Emory Freeman Gourdine Harvin Hayes J. Hines Howard Huggins Kennedy Leach Lee Littlejohn Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Ott Pinson M. A. Pitts Rhoad Richardson Rivers Sandifer Simrill Sinclair D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stille Talley Thompson Toole Tripp Trotter Umphlett Vaughn Weeks Whipper White Whitmire Witherspoon
RECAPITULATION
Total number of Senators voting 41
Total number of Representatives voting 114
Grand Total 155
Necessary to a choice 78
Of which Williams received 72
Of which Bowden received 83
Whereupon, the PRESIDENT announced that Mr. John T. Bowden was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large District, Seat 12.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Brantley E. Evans, Jr. and Samuel Hinton.
SENATOR Giese stated that Samuel Hinton had withdrawn from the race, and placed the name of the remaining candidate, Brantley E. Evans, Jr. in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Brantley E. Evans, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Miles Loadholt had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Miles Loadholt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Eugene P. Warr had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Eugene P. Warr was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that James Bradley had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James Bradley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Eighth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Herbert C. Adams had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Herbert C. Adams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Tenth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Robert N. McLellan had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert N. McLellan was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourteenth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Helen C. Harvey and William W. Jones, Jr.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Harvey:
Anderson Courson Cromer Drummond Elliott Ford Glover Gregory Grooms Hayes Jackson Land Leventis Malloy Martin Matthews McGill Moore Patterson Pinckney Rankin Ravenel Reese Setzler Sheheen Smith, J. V.
The following named Senators voted for Jones:
Alexander Branton Fair Giese Hawkins Hutto Knotts Leatherman McConnell Mescher O'Dell Peeler Richardson Ritchie Ryberg Short Thomas Verdin Waldrep
On motion of Rep. THOMPSON, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Harvey:
Allen Bales Branham G. Brown Ceips Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes M. Hines Hosey Howard Jennings Kennedy Kirsh Lee Limehouse Lourie Lucas Mack Martin McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Sinclair J. E. Smith Weeks Whipper
The following named Representatives voted for Jones:
Altman Anthony Bailey Barfield Battle Bingham J. Brown R. Brown Cato Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman J. Hines Hinson Huggins Keegan Koon Leach Lloyd Loftis Mahaffey McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
RECAPITULATION
Total number of Senators voting 45
Total number of Representatives voting 117
Grand Total 162
Necessary to a choice 82
Of which Harvey received 68
Of which Jones received 94
Whereupon, the PRESIDENT announced that Mr. William W. Jones, Jr. was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifteenth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that M. Wayne Staton had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that M. Wayne Staton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixteenth Judicial Circuit.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Sam R. Foster II had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Sam R. Foster II was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for four At-large seats.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Bryan England, Wilhelmina McBride, Mary F. Newman, and Suzanne Turner had been screened, found qualified, and placed their names in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that Bryan England, Wilhelmina McBride, Mary F. Newman, and Suzanne Turner were duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Donna Tinsley had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Donna Tinsley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 3.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Janet R. Smalley had been screened, found qualified, and placed her name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Janet R. Smalley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
SENATOR Giese, on behalf of the Joint Screening Committee, stated that Leland Cox had been screened, found qualified, and placed his name in nomination.
On motion of SENATOR Giese, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Leland Cox was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:19 p.m. the House resumed, the SPEAKER in the Chair.
Rep. ANTHONY moved that the House do now adjourn, which was agreed to.
At 1:20 p.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of Andrew Combs of Berkeley County, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 3:24 P.M.