Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear an uplifting word from the Psalmist, Psalm 94:16-18:
"Who rises up for me against the wicked?
Who stands up for me against evildoers? ... When I thought,
'My foot is slipping,' Your steadfast love, O Lord, held me up."
Let us pray.
Almighty and Eternal God, whom we love to call "Our Father," you are the strength of the minds that seek You; from Whom to turn is to fall, to Whom to turn is to rise, and in Whom to abide is to stand fast forever.
May the clouds that hang over our future, as a state and as a nation, heavy with destiny, remind us of our total dependence upon Your mercy... as true religion becomes debatable, and our society is slipping into secular states.
Now unto the King Eternal, Immortal, Invisible, the only Wise God, be honor and glory forever and ever.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:30 A.M., Senator ANDERSON requested a leave of absence until 4:30 P.M.
On motion of Senator MALLOY, at 11:15 A.M., Senator JACKSON was granted a leave of absence for today.
H. 3868 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER
Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.
There was no objection.
The Resolution was recalled from the committee.
Senator MATTHEWS asked unanimous consent to take up the Resolution for immediate consideration.
There was no objection.
On motion of Senator MATTHEWS, with unanimous consent, the Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator MATTHEWS, with unanimous consent, H. 3868 was ordered to receive a third reading on Friday, April 4, 2003.
H. 3894 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2003 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 23, 2003, 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 2003 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
The Resolution was recalled from the committee.
On motion of Senator MESCHER, with unanimous consent, the Resolution was adopted and ordered returned to the House.
There was no objection.
H. 3911 (Word version) -- Reps. J.E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, 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, 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.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, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. 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 RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
The Resolution was recalled from the General Committee.
On motion of Senator MESCHER, with unanimous consent, the Resolution was adopted and ordered returned to the House.
There was no objection.
The following were introduced:
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO
Senator MARTIN spoke on the Bill.
Senator LEVENTIS spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 556 (Word version) -- Senator Gregory: A BILL TO ENACT THE "SOUTH CAROLINA NEIGHBORHOOD AND COMMUNITY SCHOOLS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 23, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR APPLICABLE STANDARDS AND SPECIFICATIONS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY AND TO PROVIDE THAT SCHOOL BUILDING STANDARDS AND SPECIFICATIONS MAY NOT HAVE ANY REQUIREMENTS RELATING TO MINIMUM LOT OR PARCEL SIZE; TO REPEAL ARTICLE 1, CHAPTER 23 OF TITLE 59 RELATING TO SCHOOL
Read the first time and referred to the Committee on Education.
S. 557 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT SO AS TO UPDATE THE REFERENCE DATE WHEREBY THE STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
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Read the first time and referred to the Committee on Finance.
S. 558 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO CONGRATULATE THE CENTER FOR DISEASE CONTROL AND PREVENTION ON THE LAUNCH OF THE VERB PROGRAM, A CAMPAIGN TO INCREASE POSITIVE ACTIVITY BOTH PHYSICAL AND PRO-SOCIAL AMONG YOUTH THROUGH INFLUENCERS, MEDIA, PARTNERSHIPS, AND COMMUNITY EFFORTS.
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The Senate Resolution was adopted.
S. 559 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.
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Read the first time and referred to the Committee on Judiciary.
S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE
Read the first time and referred to the Committee on Finance.
H. 3743 (Word version) -- Rep. Anthony: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE UNION COUNTY BOARD OF TRUSTEES ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.
Read the first time and ordered placed on the Local and Uncontested Calendar.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 495 (Word version) -- Senators Knotts, Courson, Waldrep, Martin and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5635 SO AS TO ESTABLISH A PROCEDURE BY WHICH A LAW ENFORCEMENT OFFICER MAY HAVE A VEHICLE TOWED AND PROVIDE FOR THE DISPOSAL OF THE VEHICLE; TO AMEND SECTION 16-11-760, RELATING TO PARKING ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF THE PROPERTY, SO AS TO DELETE PROVISIONS RELATING TO A LIEN PLACED ON THE VEHICLE FOR TOWING AND STORAGE AND THE SALE OF THE VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-5-5630, AS AMENDED, RELATING TO THE
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from THE CITADEL ALUMNI ASSOCIATION to attend a barbecue at the Fairgrounds Cantey Building on Tuesday, April 8, 2003, from 6:30 until 9:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the CAROLINA FINANCE ADJUSTERS ASSOCIATION to attend a breakfast at the Clarion Town House on Wednesday, April 19, 2003, from 7:30 until 9:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC TRANSPORTATION POLICY AND RESEARCH COUNCIL to attend a luncheon at the Summit Club on Thursday, April 9, 2003, from 12:00 until 1:30 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from CLEMSON UNIVERSITY to attend a social and catfish dinner at the SC State Museum Atrium on Wednesday, April 9, 2003, from 6:00 until 8:30 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CHAPTER OF THE AMERICAN PLANNING ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, April 10, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC STATE FIREMEN'S ASSOCIATION to attend a luncheon on the State House Grounds on Tuesday, April 22, 2003, upon adjournment and lasting until 2:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC BANKERS ASSOCIATION-YOUNG BANKERS DIVISION to attend an oyster roast at the University House on Tuesday, April 22, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from BILL DUKES and the SC JUNIOR GOLF FOUNDATION to attend a reception at the Blue Marlin on Wednesday, April 23, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE
On motion of Senator O'DELL, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.
Senator O'DELL spoke on the report.
On motion of Senator O'DELL, with unanimous consent, Free Conference Powers were granted.
Whereupon, Senators O'DELL, BRANTON and SETZLER were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator O'DELL, the Report of the Committee of Free Conference to S. 341 was adopted as follows:
The General Assembly, Columbia, S.C., April 3, 2003
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ "Section 1-11-440. (A) The State must defend the members of the State Budget and Control Board against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the board and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. The State must defend officers and management employees of the board and legislative employees performing duties for board members against a claim or suit that arises out of or by virtue of performance of official duties unless the officer, management employee, or legislative employee was acting in bad faith and must indemnify these officers, management employees, and legislative employees for a loss or judgment incurred by them as a result of such claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members, officers, management employees, and legislative employees after they have left their employment with the board or General Assembly, as applicable, if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the board.
(B) The State must defend the members of the Retirement Systems Investment Panel established pursuant to Section 16, Article X of the Constitution of this State and Section 9-16-310 against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the panel and must indemnify these members for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members of the panel after they have left their service with the panel if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the panel."
SECTION 2. This act takes effect upon approval by the Governor and applies to a claim or suit filed on or after that date. /
Amend title to conform.
Senator O'DELL explained the Free Conference Report.
/s/Sen.Nikki G. Setzler /s/Rep. Herb Kirsh /s/Sen.William H. O'Dell /s/Rep. Daniel T. Cooper /s/Sen. William S. Branton /s/Rep. Robert W. Harrell On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., April 3, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has granted Free Conference Powers and has appointed Reps. Harrell, Cooper and Kirsh to the Committee of Free Conference on the part of the House on:
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 3, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on:
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Very respectfully,
Speaker of the House
Received as information.
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL
The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3041 (Word version) -- Reps. Witherspoon, Littlejohn, Kirsh, Umphlett, Coates and Cotty: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-315 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
S. 36 (Word version) -- Senators Knotts, Moore, J. Verne Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (DKA\3381SL03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 47 of the 1976 Code is amended by adding:
Protection of Guide Dogs
Section 47-3-910. This article may be cited as 'Layla's Law'.
Section 47-3-920. For purposes of this article:
(1) 'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(2) 'Notice' means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.
(3) 'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.
(4) 'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value.
Section 47-3-930. (A) It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.
(B) It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than one thousand dollars or imprisoned not less than thirty days and not more than six months, or both.
Section 47-3-940. (A) It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.
(B) It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned not less than one year and not more than three years, or both.
Section 47-3-950. (A) It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.
Section 47-3-960. (A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.
Section 47-3-970. (A) A defendant convicted of a violation of this article must be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user which arise out of or are related to the criminal offense.
(B) Restitution for a conviction under this article includes, but is not limited to:
(1) the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and
(2) medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.
(C) This article does not affect civil remedies available for conduct punishable under this article."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 215 (Word version) -- Senators McConnell, Moore, Ford and Knotts: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2 OF THE 1976 CODE, RELATING TO LOBBYIST AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, GOVERNMENT, AND ACCOUNTABILITY. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MOORE spoke on the Bill.
The Committee on Judiciary proposed the following amendment (JUD0215.006), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 2-17-20(A) of the 1976 Code is amended to read:
"(A) Any person who acts as a lobbyist shall must, within fifteen days of being employed, appointed, or retained as a lobbyist, register with the State Ethics Commission as provided in this section. Each person registering shall must pay a fee of fifty one hundred dollars and present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed, appointed, or retained. If a partnership, committee, association, corporation, labor organization, or any other organization or group of persons registers as a lobbyist, then it must identify each person who will act as a lobbyist on its behalf during the covered period. There is no registration fee for a lobbyist who is a full-time
SECTION 2. Section 2-17-20(C) of the 1976 Code is amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register under pursuant to the provisions of this section must shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist who files a written statement of termination under pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which he the lobbyist was registered under pursuant to the provisions of this section."
SECTION 3. Section 2-17-25(A) of the 1976 Code is amended to read:
"(A) Any lobbyist's principal shall must, within fifteen days of employing, appointing, or retaining a lobbyist, register with the State Ethics Commission as provided in this section. Each person registering shall must pay a fee of fifty one hundred dollars. If a partnership, committee, an association, a corporation, labor organization, or any other organization or group of persons registers as a lobbyist's principal, then it must identify each person who will act as a lobbyist on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from paying a registration fee and filing a lobbyist's principal registration statement."
SECTION 4. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:
"Each lobbyist, no later than April tenth June thirtieth and October tenth January thirty-first of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be are from January first to March May thirty-first for the April tenth June thirtieth report, and shall be are from April June first to September thirtieth December thirty-first for the October tenth January thirty-first report. Any lobbying activity not reflected on the October tenth June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January thirty-first
SECTION 5. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:
"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth June thirtieth and October tenth January thirty-first of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be are from January first to March May thirty-first for the April tenth June thirtieth report, and shall be are from April June first to September thirtieth December thirty-first for the October tenth January thirty-first report. Any lobbying activity not reflected on the October tenth June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 6. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:
"Each state agency or department shall must, no later than April first June thirtieth and October first January thirty-first of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to May thirty-first for the June thirtieth report, and are from June first to December thirty-first for the January thirty-first report. Any lobbying activity not reflected on the June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 7. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses or their committees or subcommittees, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In
SECTION 8. Section 2-17-90(A) of the 1976 Code is amended by adding:
"(7) as to cabinet officers, a function to which all cabinet officers are invited."
SECTION 9. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B)(1) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five fifty dollars in a day and two four hundred dollars in a calendar year per public official, or public employee, or cabinet officer.
(2) The daily dollar limitation in item (1) must be adjusted on January first of each even-numbered year by multiplying the base amount by the cumulative Consumer Price Index and rounding it to the nearest $5.00 amount. For purposes of this section, 'base amount' is the daily limitation of fifty dollars, and 'Consumer Price Index' means the Southeastern Consumer Price Index All Urban Consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics.
(3) The State Ethics Commission must determine the cumulative increase in the Consumer Price Index through June thirtieth in odd-numbered years, and determine the adjustment, if any, to be made in the daily limitation. The State Ethics Commission shall approve the adjustment of the annual amount to a figure eight times the adjusted daily limitation.
(4) The State Ethics Commission must notify all lobbyists' principals of the adjusted limitations at the time of registration."
SECTION 10. Section 8-13-100(12) of the 1976 Code is amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 11. Section 8-13-320(9)(b) of the 1976 Code is amended to read:
"(b)(1) No complaint may be accepted by the commission concerning a candidate for elective office in during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
(2) Action on a complaint filed against a candidate which was received more than fifty days before the election and but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election."
SECTION 12. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall must shall dismiss the complaint and notify the complainant and respondent, and the. The entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the
SECTION 13. Section 8-13-320 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to file, in the court of common pleas of the county in which the respondent of a complaint resides, a certified copy of an order or decision of the commission, whereupon the court must render judgment in accordance with the order or decision without charge to the commission and must notify the respondent of the judgment imposed. The judgment has the same effect as though it had been rendered in a case duly heard and determined by the court."
SECTION 14. Section 8-13-325 of the 1976 Code is amended to read:
"Section 8-13-325. In order to offset costs associated with the: (1) administration and regulation of lobbyists and lobbyist's principals, and (2) enforcement of Chapter 17 of Title 2, The the State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's lobbyists' principals and the initial fine of one hundred dollars, as provided in Sections 2-17-50(A)(2)(a) and 8-13-1510(1) to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."
SECTION 15. The 1976 Code is amended by adding:
"Section 8-13-365. (A) The commission must establish a system of electronic filing for all disclosures and reports required pursuant to Article 13 of Chapter 13 of Title 8 from all candidates and entities subject to its jurisdiction. These disclosures and reports for candidates and committees for statewide offices must be filed using an Internet-based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an Internet-based system. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.
(B) The Ethics Commission must submit to the General Assembly a report no later than one year after implementation of subsection (A), concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities."
SECTION 16. Section 8-13-530 of the 1976 Code is amended to read:
"Section 8-13-530. Each ethics committee shall:
(1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;
(2) receive complaints filed by individuals and upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;
(1)(3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or a candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;
(2)(4) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in during the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
Action on a complaint filed against a member or candidate which was received more than fifty days before the election and but which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;
(3)(5) obtain information and investigate complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17 of Title 2 and to that end may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers;
(4)(6) administer or recommend sanctions appropriate to a particular member of or candidate for the appropriate house pursuant to Section 8-13-540 or dismiss the charges; and
(5)(7) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house."
SECTION 17. Section 8-13-700(A) and the first paragraph of Section 8-13-700(B) of the 1976 Code are amended to read:
"(A) No public official, public member, or public employee may knowingly use his official office, membership, or employment to obtain an economic interest for himself, a family member of his immediate family, an individual with whom he is associated, or a business with which he is associated. This prohibition does not extend to the incidental use of public materials, personnel, or equipment, subject to or available for a public official's, public member's, or public employee's use which does not result in additional public expense.
(B) No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a family member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest. A public official, public member, or public
SECTION 18. Section 8-13-1300(4) of the 1976 Code is amended to read:
"(4) 'Candidate' means: (a) a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election.; (b) a person who is exploring whether or not to seek election at the state or local level; or (c) It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 19. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty twenty-five thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
SECTION 20. Section 8-13-1300(7) of the 1976 Code is amended to read:
"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge,
SECTION 21. Section 8-13-1300(9) of the 1976 Code is amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 22. Section 8-13-1300(17) of the 1976 Code is amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made directly or indirectly by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election to influence the outcome of an elective office or ballot measure but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 23. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Ballot measure committee' means:
(a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives
(b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to or at the request of a ballot measure committee; or
(c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle."
SECTION 24. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject';
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or
(c) any communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate, and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. For purposes of this paragraph, 'communication' means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than $5,000 that is conveyed through a communication medium other than those set forth in subsections (i) or (ii) of this paragraph. 'Communication' does not include news, commentary, or editorial programming or article, or communication to an organization's own members."
SECTION 25. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Coordinated with' means discussion or negotiation between a candidate or a candidate's agent and: (a) a person; (b) an agent of a
(1) contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;
(2) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;
(3) location, including the proximity to other political communications, or geographical targeting, or both;
(4) mode, including the medium (phone, broadcast, print, etc.) of the communication;
(5) intended audience, including the demographic or political targeting, or geographical targeting; and
(6) volume, including the amount, frequency, or size of the political communication."
SECTION 26. Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) 'Operation expenses' means expenditures for salaries and/or fringe benefits for part-time, full-time, temporary and/or contract employees; meeting expenses, travel, utilities, communications and/or communications equipment whether leased or purchased, printing or printing services, postage, food and/or beverage, advertising, consulting services and/or any other expenditures which are not an authorized contribution to a candidate, committee, or ballot measure committee."
SECTION 27. Section 8-13-1302 of the 1976 Code is amended to read:
"Section 8-13-1302. (A) A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:
(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the amount and date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and
(6) the occupation of each person making a contribution.
(B) The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."
SECTION 28. Section 8-13-1304 of the 1976 Code is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state ballot measure committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 29. Section 8-13-1306 of the 1976 Code is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if other than the custodian is not one of the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
SECTION 30. Section 8-13-1308(A) of the 1976 Code is amended to read:
"(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that who does not receive or expend campaign contributions totaling, in an accumulated aggregate, of five hundred dollars or more must file an initial certified campaign report fifteen days before an election."
SECTION 31. Section 8-13-1308(D)(1) of the 1976 Code is amended to read:
"(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee
SECTION 32. Section 8-13-1308(F)(2) of the 1976 Code is amended to read:
"(2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution;"
SECTION 33. Section 8-13-1308 of the 1976 Code is amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, or a party committee must file a certified campaign report upon the receipt of anything of value which totals in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes, but is not limited to, a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind donation or expenditure, a deposit of money, or a pledge or promise of any of the foregoing which may be or is used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION 34. The 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 35. Section 8-13-1310 of the 1976 Code is amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.
(B) The Senate Ethics Committee and the House of Representatives' Ethics Committee must forward a copy of each statement filed with them to the State Ethics Commission within five business days of receipt.
(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.
(D) As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State
SECTION 36. Section 8-13-1314 of the 1976 Code is amended to read:
"Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept, and no person may give or offer to give to a candidate or person acting on the candidate's behalf:
(1) a contribution which exceeds:
(a) three thousand five hundred dollars in the case of a candidate for statewide office; or
(b) one thousand dollars in the case of a candidate for any other office;
(2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;
(3) a contribution made by, directly or indirectly, from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;
(4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.
(B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."
SECTION 37. Section 8-13-1316 of the 1976 Code is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information. No contribution to a candidate shall exceed the contribution limits of Section 8-13-1314.
(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 38. Section 8-13-1322(A) of the 1976 Code is amended to read:
"(A) A person may shall not contribute to a committee and a committee may shall not accept, directly or indirectly, from a person, contributions aggregating more than three thousand five hundred dollars in a calendar year. No contribution may be made to or solicited by a committee or ballot measure committee by or from a registered lobbyist, either directly or indirectly."
SECTION 39. Section 8-13-1324 of the 1976 Code is amended to read:
"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee, and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."
SECTION 40. Section 8-13-1332 of the 1976 Code is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction;
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families, except as provided in Section 8-13-1333; or
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
SECTION 41. The 1976 Code is amended by adding:
"Section 8-13-1333. Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public."
SECTION 42. Section 8-13-1340 is amended to read:
"Section 8-13-1340. (A) A candidate or public official may shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official.
(B) This section does not prohibit a candidate from:
(1) making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or
(2) providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article.
(C) Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are
(D) A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable:
(1) the candidate or public official, or an agent of either, has signature authority on the committee's checks;
(2) funds contributed or disbursed by the committee are authorized or approved by the candidate or public official;
(3) the candidate or public official is clearly identified on either the stationery or letterhead of the committee;
(4) the candidate or public official signs solicitation letters or other correspondence on behalf of the entity;
(5) the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or
(6) the committee pays for travel by the candidate, his campaign staff or office staff, or any other agent of the candidate, in excess of one hundred dollars per calendar year."
SECTION 43. Section 8-13-1348(A) of the 1976 Code is amended to read:
"(A) No candidate, committee, public official, or political party, or ballot measure committee may use campaign funds to defray personal expenses which are unrelated to the campaign or, to the office if the candidate is an officeholder, or to the purpose for which the ballot measure committee was created, as appropriate; nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office."
SECTION 44. Section 8-13-1358 of the 1976 Code is amended to read:
"Section 8-13-1358. Except as provided in Section 8-13-365, Certified certified campaign reports must be filed on a format specified by the State Ethics Commission. The reports filed must be typed or printed in ink on forms supplied by the commission. A report may be filed with the commission on a computerized printout if the commission approves the proposed format and style."
SECTION 45. Section 8-13-1366 of the 1976 Code is amended to read:
"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions commission, ethics committees, and county clerks of court may shall not require any information or identification as a condition of viewing a report or reports. The commissions commission, ethics committees, and the county clerks of court shall must ensure that the reports are available for copying or purchase at a reasonable cost."
SECTION 46. Section 8-13-1368 of the 1976 Code is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees and ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
SECTION 47. Section 8-13-1370(C) of the 1976 Code is amended to read:
"(C) A committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's State's general fund;
(2) returned pro rata to all contributors;
(3) contributed to a political party or to another committee;
(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
SECTION 48. Section 8-13-1370 of the 1976 Code is amended by adding a subsection to read:
"(D) A ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the State's general fund;
(2) returned pro rata to all contributors;
(3) contributed to another ballot measure committee;
(4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code; or
(5) distributed using a combination of these options."
SECTION 49. Section 8-13-1372 of the 1976 Code is amended to read:
"Section 8-13-1372. (A) The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.
(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."
SECTION 50. The 1976 Code is amended by adding:
"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to the civil contingency fund, must defend the action brought against the State or the political subdivision. In cases where the Attorney General refuses to defend such an action, the Budget and Control Board
SECTION 51. Section 8-13-1510 of the 1976 Code is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or
(2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a per day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."
SECTION 52. Section 8-13-1520 of the 1976 Code is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second or subsequent offense, 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. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) A person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION 53. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act,
SECTION 54. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 55. This act takes effect upon approval by the Governor except that Sections 4, 5, and 6 take effect January 1, 2004; Section 14 takes effect July 1, 2003; Sections 15 and 44 take effect November 3, 2004, if funding is appropriated by the General Assembly for this purpose, and apply to: (1) reports required to be filed with the commission after November 2, 2004, by candidates and committees for statewide offices, and (2) the forwarding of filings after November 2, 2004, to the commission by the Senate Ethics Committee and the Ethics Committee of the House of Representatives, pursuant to Section 8-13-365(A), and take effect January 2006 for these candidates and entities, notwithstanding the failure of the General Assembly to appropriate such funds for this purpose; and Sections 19, 24, 25, and 37 take effect November 3, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 318 (Word version) -- Senators Peeler, Grooms, Ritchie, Hayes, Giese, Ryberg, Verdin, Mescher, Kuhn, Richardson, Setzler, Branton, Waldrep and Gregory: A JOINT RESOLUTION ESTABLISHING A COMMITTEE TO STUDY THE FEASIBILITY OF COMBINING THE MAINTENANCE SHOP OPERATIONS OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND STATE DEPARTMENT OF EDUCATION'S SCHOOL BUS MAINTENANCE SHOP, TO PROVIDE FOR THE MEMBERSHIP AND DUTIES OF THE COMMITTEE, AND PROVIDE FOR THE COMMITTEE'S TERMINATION ON THE EARLIER OF THE DATE IT MAKES ITS REPORT AND RECOMMENDATIONS OR OCTOBER 1, 2003.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (BBM\9732SL03), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. There is established the Joint Committee to Study Combined Maintenance Shop Operations. The committee consists of three members of the Senate, at least one of whom must be a member of the minority party, to serve as ex officio voting members appointed by the President Pro Tempore of the Senate, three members of the House of Representatives, at least one of whom must be a member of the minority party, to serve as ex officio voting members appointed by the Speaker of the House, three members appointed by the Governor, one of whom must be designated by the Governor to serve as chairman, the Chairman of the Commission of the Department of Transportation, or his designee, who shall serve as an ex officio voting member, and the State Superintendent of Education, or her designee, who shall serve as an ex officio voting member. The committee shall meet and study the feasibility of combining the maintenance shops operated by the South Carolina Department of Transportation and the school bus maintenance shops operated by the State Department of Education. In its study, the committee, in addressing the feasibility issue, must address issues of location, staffing, funding, and disposition of
Amend title to conform.
Senator SHORT explained the committee amendment.
The committee amendment was adopted.
Senator McCONNELL proposed the following amendment (318R003.MRH), which was adopted:
Amend the joint resolution, as and if amended, by adding an appropriately new numbered SECTION to read:
/ SECTION. __. Committee members are not allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards and commissions. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 344 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (GJK/20350SD03), which was adopted:
Amend the bill, as and if amended, by striking the title and inserting:
/ TO AMEND SECTION 59-25-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO THE CENTER FOR EDUCATOR RECRUITMENT, RETENTION, AND ADVANCEMENT OF SOUTH CAROLINA (CERRA-SOUTH CAROLINA). /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 489 (Word version) -- Senators Ravenel and McGill: A BILL TO AMEND SECTION 50-11-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OTHER THAN A TRUSTEE, EMPLOYEE, OR AGENT OF THE FOUNDATION OR A PERSON AUTHORIZED BY THE FOUNDATION TO TRAP, HUNT, MOLEST, OR ATTEMPT TO MOLEST A BIRD, WILD FOWL, OR GAME, INCLUDING WILD HOGS, WITHIN THE REFUGE, OR TO
S. 542 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-33 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON DEAN SWAMP IN CLARENDON COUNTY ON THE WATERS OF LAKE MARION WITHIN SIX HUNDRED FEET OF A DWELLING AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
By prior motion of Senator LAND, with unanimous consent
S. 543 (Word version) -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH CATCH AND POSSESSION LIMITS FOR SALTWATER FINFISH, AND TO AMEND SECTION 50-5-1710 OF THE 1976 CODE, RELATING TO SIZE LIMITS, TO ALLOW THE BOARD OF NATURAL RESOURCES TO ESTABLISH MINIMUM SIZE LIMITS FOR SALTWATER FINFISH.
On motion of Senator DRUMMOND, with unanimous consent, S. 543 was ordered to receive a third reading on Friday, April 4, 2003.
S. 544 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, A JUDICIAL CANDIDATE MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE SENATE VOTING IN JOINT SESSION; AND TO AMEND CHAPTER 1, TITLE 2 BY ADDING SECTION 2-1-95, SO AS TO PROVIDE THAT IN ORDER TO BE ELECTED, ANY CANDIDATE ELECTED BY THE GENERAL ASSEMBLY IN JOINT SESSION MUST RECEIVE A MAJORITY VOTE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY VOTE OF THE MEMBERS OF THE SENATE VOTING IN THE JOINT SESSION.
H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J.E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J.M. Neal, Phillips, Rivers, Scarborough, G.M. Smith, Tripp, Umphlett and Lloyd: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS TO PROVIDE EXCEPTIONS; TO AMEND SECTION 50-11-2480, AS AMENDED, RELATING TO PERSONS NOT REQUIRED TO OBTAIN FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHO OWNS A COYOTE HUNTING ENCLOSURE AND IS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES TO PURCHASE LIVE COYOTES FOR RELEASE INTO HIS PEN IS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, OR PROCESSOR'S LICENSE, TO PROVIDE THAT COYOTES MUST BE OBTAINED FROM A SOUTH CAROLINA LICENSED COMMERCIAL TRAPPER AND MAY BE OBTAINED ONLY IF THE COYOTES WERE TAKEN LAWFULLY IN THIS STATE; AND TO AMEND SECTION 50-11-2510, AS AMENDED, RELATING TO TAGGING OF CERTAIN FURS, PELTS, AND HIDES, SO AS TO PROVIDE THAT FURBEARING ANIMALS, INCLUDING COYOTES, TAKEN LIVE TO BE SOLD AS LIVE ANIMALS ARE NOT REQUIRED TO BE TAGGED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (3353R001.MRH), which was adopted:
Amend the bill, as and if amended, by striking SECTION 6 and adding an appropriately new numbered SECTION to read:
/ SECTION ___. Sections 50-11-1760, 50-11-1770, 50-11-2410, and 50-11-2415 of the 1976 Code are repealed. /
Amend the bill further, by adding an appropriately numbered new SECTION to read:
/ SECTION __. Section 50-11-2460 of the 1976 Code is amended to read:
"Section 50-11-2460. The following traps are allowed for trapping in accordance with an approved commercial fur license:
(1) body gripping traps (generally known by the brand name 'Conibear') as provided in Section 50-11-2410; when used without bait or scents for vertical water sets and vertical slide sets only;
(2) live traps;
(3) foot-hold traps as provided in Section 50-11-2410. of a size number two or smaller for land sets and a size number three or smaller for water sets.
All other traps, including 'deadfall' traps, are unlawful unless expressly authorized by the department by regulation.
All traps must bear the owner's name and address either directly thereon or by an attached identification tag." /
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 389 (Word version) -- Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy: A BILL TO AMEND SECTION 8-21-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF ANY CIVIL ACTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0389.10), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 8-21-320 of the 1976 Code, as added by Act 329 of 2002, is amended to read:
"Section 8-21-320. There is assessed for every motion made in the court of common pleas and family court, not including motions made in family court juvenile delinquency proceedings, a fee of twenty-five dollars. The fee must accompany each motion filed. No fee shall be charged for filing any consent order in a civil action. The Supreme Court has authority to issue administrative rules to exempt from the motion fee certain family court matters involving rules to show cause in child and spousal support matters. The Supreme Court may waive the filing fees imposed by this section upon a proper showing of indigency. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate judicial department support fund for the exclusive use of the judicial department."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (GJK\ 20461SD03), which was adopted:
Amend the bill, as and if amended, in Section 59-18-1580 of the 1976 Code, as contained in SECTION 1, by striking item (2) of subsection (B) which begins on line 16, page 2, and inserting:
/ (2) mediate personnel matters between the district board and district superintendent when the State Board of Education is informed by majority vote of the board or the superintendent that the district board is considering dismissal of the superintendent, and the parties agree to mediation. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3854 (Word version) -- Reps. Wilkins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn,
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Drummond Elliott Fair Ford Giese
Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3836 (Word version) -- Reps. Haskins, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, 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.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, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. 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 EXPRESS THE GENUINE
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator HUTTO proposed the following amendment (NBD\ 11547MM03), which was adopted:
Amend the concurrent resolution, as and if amended, page 1, line 28, by deleting /France, Germany, and other/ and inserting /some/.
Amend the concurrent resolution, further, page 1, lines 41 and 42, by deleting /.The effort was killed by France's threat to veto the resolution under any circumstances/.
Amend the concurrent resolution, further, page 2, lines 15 through 21, by deleting the paragraph in its entirety.
Amend the concurrent resolution further, page 2, lines 23 and 24 by deleting /in a sharp answer to the French position before the United Nations and President Chirac, and/
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator KNOTTS objected to further consideration of the Resolution.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 208 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
On motion of Senator MOORE, with unanimous consent, the names of Senators MALLOY and WALDREP were added as co-sponsors of S. 208.
S. 208 (Word version) -- Senators McConnell, Moore, Malloy and Waldrep: A BILL TO AMEND VARIOUS SECTIONS OF THE 1976 CODE TO PROVIDE FOR COMPREHENSIVE REFORM TO THE PUBLIC SERVICE COMMISSION. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators McCONNELL and MOORE proposed the following Amendment No. 4 (JUD0208.012), which was adopted:
Amend the bill, as and if amended, beginning on page 18, by striking line 43 through line 1 on page 19, in Section 58-3-105, as contained in SECTION 4, and inserting therein the following:
/ that are doing business in this State, including government-owned telecommunications service providers as defined in Section 58-9-2610, but excepting except such as are municipally-owned and operated, shall must promptly, when required by the /.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 1 (JUD0208.004), which was tabled:
Amend the bill, as and if amended, page 8, beginning on line 42, in Section 58-3-5(2), as contained in SECTION 4, by striking lines 42
/ (2) 'Immediate family' means an individual who is:
(a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in law, or daughter-in-law of the person; or
(b) an individual claimed by the person or the person's spouse as a dependent for income tax purposes. /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
Senator RICHARDSON spoke on the motion.
The amendment was laid on the table.
The question then was the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander * Anderson Branton Courson * Elliott Fair Ford Giese Glover Gregory * Grooms Hawkins Hayes Holland Hutto Jackson * Knotts Kuhn Land * Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell * Patterson Peeler Pinckney Rankin * Ravenel Reese Richardson Ritchie Ryberg * Setzler
Smith, J. Verne Thomas Verdin Waldrep
Drummond Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Due to a conflict of interest, I would like the Journal to reflect that I abstained from the consideration of and voting on any aspect of S. 208.
On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Gerald Sage "Jerry" Bradshaw of Manning, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, April 4, 2003, it stand adjourned to meet next Tuesday, April 8, 2003, at 12:00 Noon, which motion was adopted.
At 12:22 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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