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 the words of the First Psalms, verse 3:
"But his delight is in the law of the Lord; and in his law doth he meditate day and night. And he shall be like a tree planted by the rivers of water, that bringeth forth his fruit in his season; his leaf also shall not wither, and whatsoever he doeth shall prosper."
Let us pray.
Father, we thank you for the life and labors of Your servant, our friend, ISADORE LOURIE. We knew him and loved him as a servant of God, who loved God with all his heart, mind and soul - and loved his fellow human beings.
He will live in our hearts and in the many institutions through which he faithfully served. He will be missed by the multitudes!
Father, we pray, give to his beloved wife, Susan, and the children, Lance, Joel and Neal, and the "beloved community" the gifts of Your Holy Spirit!
Give to all who knew him the inspiration of his spirit and the knowledge that we all live but a short span on this earth and that we all hear the Master saying, "Go, work today in my vineyard, in the Name of All that is Holy!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745
Reappointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
H. Melvin Howell, 2430 Hopewell Road, Hickory Grove, S.C. 29717
Senator J. VERNE SMITH introduced Dr. Charles Thomas of Greenville, S.C., Doctor of the Day.
Senator JACKSON rose for an Expression of Personal Interest.
Thank you, Mr. PRESIDENT.
Ladies and gentlemen of the Senate, I stand here today to pay tribute to the late Senator ISADORE LOURIE. As we all have heard, at 3:00 this morning, he passed. I just want this body to know what a fantastic man he was. Many of you who had the privilege of serving with Senator ISADORE LOURIE, like my good friend from Greer and others, can attest to the fact that he was a special human being.
In 1992, Senator LOURIE and many community leaders met here in Richland County and they wanted to talk to Senator LOURIE about the possibility of his seat and what he was going to do. And, he made a comment, Senator SMITH. He said, "I would do whatever is in the best interests of the community." He meant that. He wasn't ready to step down. He had not planned to and no one was going to force him to do it. We were all going to support whatever decision he made. But, he came to the community and said, "I have served in this seat for many, many years." And he said that the seat had been redrawn so that someone from the lower Richland African American community can serve. He was in the prime of his career. He voluntarily stepped aside so that someone else could serve. And, that someone else, fortunately, was myself. So, I owe a big debt of gratitude to Senator LOURIE.
Not only did he step aside, but he became the unofficial chair of my campaign and his son, Joel Lourie, who is one of my very best friends, became the chair of my campaign and my fundraiser chair had a reception at his house along with his wife, Susan, and their family. I don't know if many people would do what Senator LOURIE did. And, he really did it because he loved this body, he loved this State and he loved his community.
It is going to be a great loss to the State of South Carolina that we've lost such a fantastic human being as Senator ISADORE LOURIE.
Thank you, ladies and gentlemen.
Senator J. VERNE SMITH rose for an Expression of Personal Interest.
Thank you, Senator JACKSON, for bringing tribute to my dear old friend, ISADORE LOURIE. He and I were elected to the Senate the same year. We had never known each other before, but we learned to love and respect each other. One thing about ISADORE LOURIE, he was always wanting to help those who couldn't help themselves. I've been accused of that myself. He and I worked together on many, many issues that helped South Carolinians who couldn't help themselves. I sure want to add my word of respect to his memory.
Thank you.
Senator THOMAS rose for an Expression of Personal Interest.
Mr. PRESIDENT, and ladies and gentlemen of the Senate.
I, too, arise to speak concerning ISADORE. What a great man he was. It is hard for me not to be emotional. We were so close. He was such a gentleman. He was such a kind man. I remember when he would get his dander up about something, boy, he would stand up -- and for those of y'all who didn't have the privilege of knowing him -- he'd stand up and he would just let loose. There was nobody that could let loose more articulately than ISADORE LOURIE. I still remember one time he got upset about something and he stood up and said, "That's not right! It's not right!" And, everybody just stopped and realized it wasn't right. We changed whatever we were doing -- it was some controversy with JACK LINDSEY -- and that was something to get JACK turned around.
What a great man ISADORE LOURIE was. He always will be remembered.
Senator SETZLER rose for an Expression of Personal Interest.
Mr. PRESIDENT, I have had the privilege of serving in this body for a period of time and I can say to you, when I first came to this body, ISADORE LOURIE was one of those people who came to me and tried to show me the way, Senator from Greenville. I noticed in the Chaplain's prayer this morning that he talked about his fellow human beings. I've said this many times. I've said it from this podium. I thankfully said it to Senator LOURIE before he passed away. Of my time in this Senate I don't know of anybody that I've ever served with -- and this is no cut to anybody else who has been here -- who cared more about every single human being in this State than ISADORE LOURIE did. He was the most compassionate human being, I believe, that I have ever met in my entire life and he taught me so much.
I am also thankful that about six months ago on a Friday, I received a phone call at my law office about 11:00. They said, "Nikki, we're going to meet at Hennessey's for lunch and Senator LOURIE is going to be there." Joel brought Senator LOURIE there and five or six of us who had been his friends and been close to him had the opportunity to sit and have lunch with him, to share old stories and to see him sit there with that baseball hat on that he wore in his latter days was just a real joy.
This body and this State will sorely miss ISADORE LOURIE. He has been an inspiration to each and every one of us.
Senator ELLIOTT rose for an Expression of Personal Interest.
Thank you, Mr. PRESIDENT. Ladies and gentlemen of the Senate.
I didn't have the opportunity like many of you had of serving with our friend, Senator ISADORE LOURIE on the Senate side, Senator GIESE. I didn't have the opportunity as many of you had to know him as a neighbor in the Columbia area. I did have the opportunity to work with him on several pieces of legislation on joint committees and conference committees. But, one particular piece of legislation that stands out in my mind that he was so interested in and so conscientious about getting through, was the Bill, Senator GIESE, that you helped on as well, the "senior citizens" Bill. That Bill helped build senior citizens facilities all over this State. Richland County had one over near the USC campus that we've all had lunch in since the construction of that
Thank you, Mr. PRESIDENT.
On motion of Senator MATTHEWS, with unanimous consent, the remarks of Senators JACKSON, J. VERNE SMITH, THOMAS, SETZLER and ELLIOTT were ordered printed in the Journal.
On motion of Senator GIESE, with unanimous consent, the Senate rose for a moment of silence in memory of former Senator ISADORE LOURIE.
At 11:20 A.M., Senator MATTHEWS requested a leave of absence beginning at 12:45 P.M., lasting until Noon on Tuesday, April 29, 2003.
S. 588 (Word version) -- Senators J. Verne Smith, Thomas, Verdin, Fair and Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
There was no objection.
S. 655 (Word version) -- Senators Richardson and Thomas: A BILL TO AMEND SECTION 15-9-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF LEGAL PROCESS ON AN INSURANCE COMPANY, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE FOR COSTS INCURRED BY HIM; TO AMEND SECTION 15-9-285, AS AMENDED, RELATING TO SERVICE OF LEGAL PROCESS ON AN INSURER NOT LICENSED IN THIS STATE, SO AS TO INCREASE THE FEES CHARGED BY THE DIRECTOR FOR COSTS INCURRED BY HIM; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE ADDITIONAL INFORMATION AT THE TIME THE GROUP FILES ITS APPLICATION; AND TO AMEND SECTION 38-87-80, RELATING TO INFORMATION FURNISHED THE DEPARTMENT OF INSURANCE BY A PURCHASING GROUP, SO AS TO REQUIRE AN INITIAL REGISTRATION FEE OF TWO HUNDRED DOLLARS AND AN ANNUAL FEE OF ONE HUNDRED DOLLARS.
Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
There was no objection.
S. 656 (Word version) -- Senators Richardson and Thomas: A BILL TO AMEND SECTIONS 38-90-10, 38-90-20, 38-90-40, 38-90-50, 38-90-60, 38-90-140, ALL AS AMENDED, AND SECTION 38-90-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO, AMONG OTHER THINGS, AUTHORIZE CAPTIVE INSURANCE COMPANIES TO FORM AS LIMITED LIABILITY COMPANIES;
Senator RICHARDSON asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator RICHARDSON, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
There was no objection.
S. 657 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator MARTIN asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Education.
There was no objection.
The Resolution was recalled from the Committee.
Senator MARTIN asked unanimous consent to take the Joint Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
On motion of Senator MARTIN, with unanimous consent, the Joint Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator MARTIN, with unanimous consent, S. 657 was ordered to receive a third reading on Friday, April 25, 2003.
H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2, CHAPTER 17 OF THE 1976 CODE, AS AMENDED, RELATING TO LOBBYISTS AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8, CHAPTER 13 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT. (ABBREVIATED TITLE)
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was recalled from the committee.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator McCONNELL proposed the following amendment (JUD3206.002), 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
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 of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
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 addition, invitations may be extended and accepted at national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and when the invitation is extended to all members in attendance;"
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 confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."
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
(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
(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
(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 employee who, in the discharge of his official responsibilities, is required to take an action or make a decision which affects an economic interest of himself, a family member of his immediate family, an individual with whom he is associated, or a business with which he is associated shall:"
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
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, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source."
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 contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;
(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,
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 person; (c) any other agent of a candidate; or (d) any combination of these concerning, but not limited to, a political communication's:
(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 with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(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
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 for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request."
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
(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 hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(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 Ethics Commission for inadvertent and unintentional errors or omissions."
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 or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:
(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
(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
(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 considered to be funds held by a candidate and subject to subsection (A).
(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
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
(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
(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 must consult with the President Pro Tempore of the Senate and the Speaker of the House of Representatives in the selection of counsel and in other matters relating to the management of the litigation."
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
(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, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
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
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator MOORE, with unanimous consent, H. 3206 was ordered to receive a third reading on Friday, April 25, 2003.
The following were introduced:
S. 660 (Word version) -- Senators J. Verne Smith, Jackson, Hutto, Ritchie, O'Dell, Alexander, Pinckney, Matthews, Patterson and Short: A SENATE RESOLUTION TO DESIGNATE THE MONTH OF MAY 2003 AS "STROKE AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 661 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 9, 2003, AS THE FIRST ANNUAL NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS TO THEIR WELL-BEING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.
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The Concurrent Resolution was introduced and referred to the General Committee.
S. 662 (Word version) -- Senator Elliott: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE HUNDRED TWENTY-DAY PERIOD, TO PROVIDE THAT, IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL, TO AUTHORIZE THE GENERAL ASSEMBLY TO AMEND REGULATIONS, AND TO DELETE PROVISIONS REQUIRING A REGULATION TO BE REFILED FOR REVIEW AS A NEW REGULATION IF A SUBSTANTIVE CHANGE WAS MADE AFTER THE REGULATION WAS PROPOSED.
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Read the first time and referred to the Committee on Judiciary.
S. 663 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.
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Read the first time and referred to the Committee on Medical Affairs.
S. 664 (Word version) -- Senators Richardson, Ryberg, Hutto, Mescher, Ravenel and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO PROVIDE THE MAXIMUM PROPERTY TAXES ON ANY BOAT IS LIMITED TO FIVE THOUSAND DOLLARS A YEAR, AND TO ALLOW A PROPERTY TAX EXEMPTION FOR EVERY BOAT EQUAL TO THAT AMOUNT OF FAIR MARKET VALUE NECESSARY TO LIMIT THE PROPERTY TAXES ON THE BOAT TO NO MORE THAN FIVE THOUSAND DOLLARS FOR ONE PROPERTY TAX YEAR; AND BY ADDING SECTION 12-43-365 SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO REDUCE THE ASSESSMENT RATIO APPLICABLE TO ALL BOATS SUBJECT TO PROPERTY TAX IN THE COUNTY TO AN AMOUNT NOT LESS THAN TWO PERCENT OF THE FAIR MARKET VALUE OF THE BOAT.
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Senator RICHARDSON spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 665 (Word version) -- Senators Richardson and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T.
Read the first time and referred to the Committee on Education.
H. 3052 (Word version) -- Reps. Harrison, Simrill, Vaughn, Hinson, W. D. Smith, Kirsh, Sandifer, Umphlett, Talley, Merrill, Cobb-Hunter, Witherspoon, Ceips and Richardson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN A SENTENCE FOR A VIOLATION OF THE PROVISIONS THAT PROHIBIT LITTERING INCLUDES LITTER-GATHERING LABOR IN ADDITION TO A FINE OR IMPRISONMENT, THE LITTER-GATHERING PORTION OF THE SENTENCE IS MANDATORY AND MUST NOT BE SUSPENDED NOR PROBATION GRANTED IN LIEU OF THE LITTER-GATHERING REQUIREMENT EXCEPT FOR A PERSON'S PHYSICAL OR OTHER INCAPACITIES.
Read the first time and referred to the Committee on Judiciary.
H. 3151 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTIONAL AMOUNTS IN CLAIMS FOR AND AGAINST MINORS AND INCAPACITATED PERSONS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT BELOW WHICH THESE CLAIMS MAY BE HEARD IN PROBATE COURT FROM TWENTY-FIVE THOUSAND TO THIRTY-FIVE THOUSAND DOLLARS.
Read the first time and referred to the Committee on Judiciary.
H. 3369 (Word version) -- Reps. Sandifer, Harrell, Witherspoon, Cotty, Young, Neilson and Bales: A BILL TO AMEND SECTION 8-11-83, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYROLL DEDUCTION FOR DUES OF STATE EMPLOYEES' ASSOCIATIONS, SO AS TO PROVIDE FOR PAYROLL DEDUCTION FOR DUES OF MEMBERS OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
Read the first time and referred to the Committee on Finance.
H. 3531 (Word version) -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-
Read the first time and referred to the Committee on Corrections and Penology.
H. 3994 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY AND BUSINESS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3995 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2763, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3996 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2797, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 4015 (Word version) -- Rep. M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS IN WARE SHOALS SCHOOL DISTRICT 51 IN GREENWOOD COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT
Read the first time and referred to the Committee on Education.
H. 4023 (Word version) -- Reps. Cooper, Cato, White and Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REMOVE THE "EARLE MORRIS HIGHWAY" MARKERS OR SIGNS WHICH WERE PLACED ON THAT PORTION OF SOUTH CAROLINA HIGHWAY 153 WHICH CONNECTS SECONDARY HIGHWAY 190 IN ANDERSON COUNTY WITH SOUTH CAROLINA HIGHWAY 123 IN PICKENS COUNTY.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4024 (Word version) -- Reps. Clemmons, Edge, Hayes, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF NEW INTERSTATE HIGHWAY 73 IN HORRY COUNTY AS THE ASHBY WARD MEMORIAL HIGHWAY IN HONOR OF THE LATE ASHBY WARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE AT THE TIME OF HIS DEATH, AND TO INSTALL APPROPRIATE MARKERS CONTAINING THE WORDS "ASHBY WARD MEMORIAL HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES E. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES E. FLEMING BRIDGE."
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4042 (Word version) -- Reps. Simrill, Clyburn, Davenport, Delleney, Haskins, Martin, Moody-Lawrence, J. H. Neal, D. C. Smith, J. R. Smith and
On motion of Senator HAYES, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4043 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE MEMBERS OF THE DREHER HIGH SCHOOL ACADEMIC DECATHLON TEAM AND THE TEAM'S COACHES, CHRISTINA MURPHY AND LINDA WILLIAMS, OF COLUMBIA ON WINNING THE 2003 ACADEMIC DECATHLON STATE CHAMPIONSHIP TITLE, TO COMMEND THEM FOR THEIR HARD WORK AND COMPETITIVE SPIRIT, AND TO WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4056 (Word version) -- Reps. Harrison and W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE ONE OF SOUTH CAROLINA'S FINEST GOLFERS, DAVID DUPRE OF COLUMBIA, FOR HIS OUTSTANDING AMATEUR GOLFING CAREER AND TO DECLARE THURSDAY, APRIL 24, 2003, AS "DAVID DUPRE DAY" IN HIS HONOR.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WALDREP from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:
S. 460 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 ENACTING THE HORSE INDUSTRY PROMOTION ACT SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE SHALL PROMOTE AND IMPROVE THE HORSE INDUSTRY IN THIS
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 583 favorable:
S. 583 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 6, 2003.
AYES
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary polled out a majority favorable and Senator HUTTO a minority unfavorable report on:
S. 591 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE SENATE ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO REPEAL SECTION 2-1-65, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED.
AYES
McConnell Holland Moore Gregory Martin Mescher Rankin Elliott Waldrep Fair Cromer Richardson Hawkins Ritchie Verdin Kuhn Knotts Malloy
Jackson Hutto
Ford Glover
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable report on:
S. 616 (Word version) -- Senators Richardson and Ryberg: A BILL TO AMEND SECTION 57-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY RESIDENT MEMBERS ON THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO CLARIFY THAT A COUNTY SHALL ONLY BE REPRESENTED ON THE COMMISSION FOR ONE TERM OF SIX YEARS UNLESS AT LEAST SIX YEARS LAPSE FROM THE EXPIRATION OF THE FORMER MEMBER'S TERM; TO AMEND SECTION 57-1-330, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT A COMMISSIONER SHALL NOT SERVE MORE THAN ONE TERM OF SIX YEARS, TO PROVIDE FOR STAGGERED TERMS OF COMMISSION MEMBERS APPOINTED PURSUANT TO THIS ACT, AND TO PROVIDE THAT A COMMISSIONER SERVING ON THIS ACT'S EFFECTIVE DATE MAY COMPLETE THE TERM FOR WHICH HE WAS ELECTED.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Medical Affairs polled out S. 653 favorable:
S. 653 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS SINCERE APPRECIATION TO SOUTH CAROLINA'S REGISTERED NURSES FOR THEIR DEDICATION TO PROVIDING QUALITY CARE AND TO THEIR EFFORTS AND ACHIEVEMENTS IN IMPROVING OUR HEALTH CARE SYSTEM AND TO DESIGNATE MAY 6-12, 2003, AS "SOUTH CAROLINA NURSES WEEK".
AYES
Peeler J. Verne Smith Moore Courson Giese Thomas Hayes Jackson Short Fair Hutto Anderson Branton Ford Pinckney Glover
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a majority favorable with amendment and Senator LEVENTIS a minority unfavorable report on:
H. 3749 (Word version) -- Ways and Means Committee: TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Senate Finance Committee and the Summary Control Documents on H. 3749, the General Appropriation Bill, were distributed to the members.
Senator COURSON from the Committee on Invitations polled out H. 3798 favorable:
H. 3798 (Word version) -- Reps. McGee, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons,
AYES
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee polled out H. 3956 favorable:
H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO
AYES
Mescher Holland Anderson Leventis O'Dell Thomas Hayes Elliott Martin Ryberg Alexander Richardson Hawkins Reese Knotts
McGill Patterson
Ordered for consideration tomorrow.
H. 3956 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO MODIFY THE FEDERAL INTERNAL REVENUE CODE TO ALLOW RETIREES TO PAY FOR HEALTH CARE COSTS ON A PRE-TAX BASIS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC SPEECH-LANGUAGE-HEARING ASSOCIATION to attend a breakfast in Room 221 Blatt Bldg. on Thursday, May 1, 2003, from 8:30 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Columbia, S.C., April 23, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Cato, Sandifer and Jennings to the Committee of Conference on the part of the House on:
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)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 24, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.40, S. 454 by a vote of 6 to 0:
(R40, S. 454 (Word version)) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL
Received as information.
Columbia, S.C., April 24, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.41, S. 501 by a vote of 3 to 0:
(R41, S. 501 (Word version)) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE CHESTER COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICT TO USE COMBINATIONS OF THESE AS APPROPRIATE, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 24, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.55, H. 3670 by a vote of 3 to 0:
(R55, H. 3670 (Word version)) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
Speaker of the House
Received as information.
(R55, H. 3670 (Word version)) -- Reps. Lucas, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 17, 2003, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The veto of the Governor was taken up for immediate consideration.
Senator ELLIOTT moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer 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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., April 24, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.56, H. 3794 by a vote of 1 to 0:
(R56, H. 3794 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE
Received as information.
(R56, H3794 (Word version)) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The veto of the Governor was taken up for immediate consideration.
Senator MALLOY moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer 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 necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
S. 600 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PUT UP EXIT AND DIRECTIONAL SIGNS ON APPROPRIATE EXITS OFF OF INTERSTATE 20 AND INTERSTATE 26 IN LEXINGTON COUNTY AND PAY ALL COSTS FROM LEXINGTON COUNTY "C" FUNDS, SO AS TO PROVIDE EXIT INFORMATION AND DIRECTIONS TO THE LEXINGTON COUNTY MUSEUM.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3837 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE,
By prior motion of Senator ELLIOTT
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
H. 3613 (Word version) -- Reps. Duncan, Coates, M.A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 645 (Word version) -- Senators Pinckney, Ford, Kuhn, Ravenel and Mescher: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO PROVIDE FOR THE METHOD OF ELECTION OF THE SCHOOL BOARD MEMBERS AND THE REQUIREMENTS FOR A CANDIDATE FOR SUCH OFFICE.
S. 552 (Word version) -- Senator J. Verne Smith: A JOINT RESOLUTION TO PROVIDE THAT IN 2003 AND 2004, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED SIXTY-SIX DOLLARS, AND
S. 423 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 50-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM WATER CONVEYANCES, SO AS TO REVISE THE SECTION AND FURTHER PROVIDE THAT IT IS UNLAWFUL TO POSSESS A SHOTGUN OR RIFLE WHILE AFLOAT WHICH IS LOADED WITH AMMUNITION DESIGNED FOR OR CAPABLE OF TAKING DEER OR BEAR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 523 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-105 TO PROVIDE MEASURES THE DEPARTMENT OF NATURAL RESOURCES MAY IMPLEMENT TO PREVENT AND CONTROL THE SPREAD OF DISEASE AMONG WILDLIFE; TO AMEND SECTION 50-11-1090, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ALLOW THE TAKING OF ANIMALS THAT CAUSE DAMAGE TO CROPS AND PROPERTY, TO EXTEND THIS AUTHORITY TO ANIMALS POSING A HUMAN HEALTH RISK; AND TO AMEND ARTICLE 8, CHAPTER 11 OF TITLE 50 BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
S. 647 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING AMBULATORY SURGICAL FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2784, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 648 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT
S. 649 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 650 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO ADVERTISING AND SOLICITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 651 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2739, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS,
S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.
S. 491 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ARTICLE 17, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO CLARIFY PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO ALLOW
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 (JUD0491.002), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Article 17, Chapter 3, Title 16 of the 1976 Code of Laws is amended by adding:
"Section 16-3-1705. (A) An electronic mail service provider must not be charged with or have a penalty accessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider's:
(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or
(2) providing transmission of an electronic contact over the provider's computer network or facilities that violate this article.
(B) For purposes of this article, 'electronic mail service provider' means a person or entity which:
(1) is an intermediary in sending or receiving electronic mail; and
(2) provides to users of electronic mail services the ability to send or receive electronic mail." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator KNOTTS proposed the following amendment (JUD0491.004), which was adopted:
Amend the bill, as and if amended, page 3, Section 16-3-1700, as contained in SECTION 1, by adding the following after line 22:
/ (F) This section does not apply to a licensed private investigator who is performing services or an investigation as described in detail in a contract signed by the client and the private investigator pursuant to Section 40-18-70. /
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.
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 (JUD0458.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. This act may be cited as the "South Carolina Teacher Protection Act of 2003".
SECTION 2. Chapter 75, Title 15 of the 1976 Code is amended by adding:
"Section 15-75-70. Notwithstanding any other provision of law, a person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons may bring a civil action against a student who commits a criminal offense against the person."
SECTION 3. Section 16-3-612 of the 1976 Code is amended to read:
"Section 16-3-612. (A) For purposes of this section:
(1) 'Student' means a person currently enrolled in any a school.
(2) 'School' includes, but is not limited to, a public or private school that contains any grades of kindergarten through twelfth grade, a public or private colleges, universities college or university, and any vocational, technical, or occupational school.
(B) A student who commits If the offense under this section occurs on school grounds or at a school-sponsored event against a person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons, the student who commits the offense must be punished as follows:
(1) for a simple assault, if there is no accompanying battery, the student is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars but not more than one thousand dollars, or imprisoned not more than thirty days, or both. A magistrate has the authority to sentence a person pursuant to this subsection;
(2) for an assault and battery, other than one that is aggravated, on school grounds or at a school-sponsored event against any a person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers,
(3) for an assault and battery of a high and aggravated nature, the student is guilty of a felony and, upon conviction, must be fined not less than three thousand dollars but not more than five thousand dollars, or imprisoned not less than three years but not more than fifteen years, or both.
(C) When a student is convicted of a violation of subsection (B)(2) or (3), the court may suspend execution of all or part of the sentence, except for the mandatory minimum sentence, and place the offender on probation.
(D) Notwithstanding any other provision of law, a person affiliated with the school in an official capacity pursuant to this section may file a criminal complaint, sign an affidavit requesting the issuance of a warrant, and bring a civil action against a student who commits a criminal offense against the person."
SECTION 4. Section 16-3-1515 of the 1976 Code is amended to read:
"Section 16-3-1515. (A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and current telephone number, upon which the agency must rely in the discharge of its duties under this article.
(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; and an itemization of financial recovery
(C) A victim who wishes to be present for any plea, trial, or sentencing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire request in advance of the sentencing.
(F) At any proceeding held before a summary court, family court, or circuit court judge, the judge must inquire if the victim has been notified of the proceeding, if the victim is present at the proceeding, and if the victim desires to be heard at the proceeding."
SECTION 5. Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-900. A person affiliated with the school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons who is:
(1) the victim of a violation of Section 16-3-612 for which a student was convicted, adjudicated delinquent, or plead guilty or nolo contendere, and
(2) injured as a result of the violation of Section 16-3-612 to the extent that his injury prevents him from returning to his former position within the school district,
must receive the difference between his workers' compensation benefits and his full salary and benefits for the remainder of service until his retirement or until a physician certifies that he is medically able to return to his former position, whichever occurs first."
SECTION 6. This act takes effect upon approval by the Governor and applies to offenses committed on or after the effective date. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the committee amendment.
The committee amendment was adopted.
Senator HUTTO proposed the following amendment (JUD0458.002), which was adopted:
Amend the bill, as and if amended, page [458-3], in Section 16-3-612, as contained in SECTION 3, by inserting the following after line 5:
/ (E) Nothing in this section prohibits a judge from sentencing a student as a youthful offender, pursuant to Chapter 19, Title 24, if the judge determines that a youthful offender sentence is appropriate and the judge states on the record his specific reasons for sentencing the student pursuant to the Youthful Offender Act.
(F) Sentencing pursuant to this section must comply with Article 15, Chapter 3, Title 16." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (JUD0458.003), which was adopted:
Amend the bill, as and if amended, page [458-1], beginning on line 32, in Section 15-75-70, as contained in SECTION 2, by striking lines 32 through 39 and inserting therein the following:
/ "Section 15-75-70. A person affiliated with a school in an official capacity including, but not limited to, administrators, teachers, faculty, substitute teachers, teachers' assistants, student teachers, custodial staff, food service staff, volunteers, law enforcement officers, school bus drivers, school crossing guards, or other regularly assigned school-contracted persons may bring a civil action against a student who commits a criminal offense against the person if the offense occurs on school grounds or at a school-sponsored event. Nothing in this section prohibits or precludes a school administrator, school official, or other entity from bringing a civil action against the student regardless of whether the individual who was victimized brings a civil action."/
Amend the bill further, as and if amended, page [458-3], beginning on line 1, in Section 16-3-612(D), as contained in SECTION 3, by striking lines 1 through 5 in their entirety and inserting therein the following:
/ (D) Notwithstanding any other provision of law, a person affiliated with the school in an official capacity pursuant to this section may file a criminal complaint, sign an affidavit requesting the issuance of a warrant, or bring a civil action against a student who commits a criminal offense against the person if the offense occurs on school grounds or at a school-sponsored event. Nothing in this section prohibits or precludes a school administrator, school official, or other entity from filing a criminal complaint, signing an affidavit requesting the issuance of a warrant, or bringing a civil action against a student regardless of whether the individual who was victimized files a complaint, requests the issuance of a warrant, or brings a civil action."/
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
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.
H. 3927 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT
H. 3933 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3934 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 372 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 42-7-10 OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND, TO PROVIDE THAT THE STATE TREASURER SHALL INVEST THE TRUST FUND IN THE SAME MANNER AND IN THE SAME TYPE AND GRADE OF SECURITIES AS IS THE ACCUMULATED ACCOUNT OF THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 42-7-50 OF THE 1976 CODE, RELATING TO PARTICIPATION IN THE STATE ACCIDENT FUND, TO PROVIDE THAT AN APPLICANT FOR COVERAGE UNDER THIS SECTION MUST PRESENT ITS RECENT LOSS HISTORY, UPON WHICH ITS PREMIUM CHARGES MUST BE BASED, AND THAT THE STATE ACCIDENT FUND MAY DENY OR REFUSE TO RENEW COVERAGE UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 42-7-85 TO PROVIDE THAT EMPLOYERS INSURED UNDER THIS ARTICLE MUST MAKE REASONABLE EFFORTS TO PROVIDE OR ARRANGE FOR LIMITED DUTY WORK.
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 (JUD0372.002), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 6, in Section 42-7-10(B), as contained in SECTION 1, by striking Section 42-7-10(B) in its entirety and inserting therein the following:
/ (B) One-third of the investment income generated in Fiscal Year 1990-91 and two-thirds of the income generated in Fiscal Year 1991-92 must be credited to the state fund in those years respectively. Thereafter all All such income must be credited to the state fund except that the State Treasurer may charge the state fund, and credit to the general fund, the customary investment management fee. Unless the balance of the state fund should exceed the actuarial estimate of ultimate claim liability in three consecutive years, no funds of the state fund may be applied in any state appropriations bill for any purpose other than for funding workers' compensation claim obligations and operating expenses as provided in Section 42-7-90." /
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 and ordered placed on the third reading Calendar.
S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The Committee on Labor, Commerce and Industry proposed the following amendment (S-449 AMENDMENT), which was adopted: Amend the bill, as and if amended, page 1, Section 6-9-5(A), by striking lines 31-34 and inserting:
/ safety, and welfare of its citizens. To secure these purposes, a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification. /
Amend further, page 2, Section 6-9-10(A), by striking line 18 and inserting:
/ only the national, regional, or model building and safety codes provided in /
Amend further, page 3, Section 6-9-30, by striking lines 34-43 and continuing on page 4, by striking lines 1-6 and inserting:
/ (B) If a municipality or county determines that it is unable to arrange for services for any annual period at costs totally within the schedule of fees recommended in the appendices to the building codes referred to in Section 6-9-50, the municipality or county shall submit an affidavit to the council to be exempt from the requirements of this chapter. The affidavit shall provide the financial reasoning as to why the municipality or county cannot provide the services. If such affidavit is submitted, the municipality or county is exempt from the requirements of this chapter, which exemption is effective until such time as it becomes financially feasible for a municipality or county to provide the services, or five years, whichever is less. A municipality or county may renew its affidavit at the end of five years and at each five-year interval thereafter if it makes another determination that it cannot arrange for services at costs totally within the schedule of fees recommended in the building codes referred to in Section 6-9-50. / Amend further, page 4, Section 6-9-40(1), by striking line 17 and inserting:
/ code must be published in the State Register as a Notice of General /
Amend further, page 4, Section 6-9-40(4), by striking line 38 and inserting:
/ amend the code after a finding on the record that the /
Amend further, Section 6-9-50(C), page 5, by striking lines 29-43, and continuing on page 6, by striking lines 1-6 and inserting:
/ (C) A residential building is considered in compliance with the Building Envelope Requirements of the Energy Code if:
(1) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Energy Code including, but not limited to, options developed by Pacific Northwest National Laboratories, or other nationally recognized laboratories which use the standards developed by Pacific Northwest National Laboratories, for South Carolina's climatic zones, or
(2) if double pane or single pane with storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:
(a) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19;
(b) R-13 for exterior walls;
(c) R-19 for floors with crawl space;
(d) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.
(D) All referenced codes adopted by the council shall be accessible at no cost to the public through the Department of Labor, Licensing and Regulation's Internet web page as a 'read only' document.
(E) Notwithstanding any provision of the referenced codes adopted by the council, a home with three floors of living space constructed on a raised foundation which is not used as living space is considered a three-story building for the purposes of issuing a building permit to a person licensed under Title 40, Chapters 11 and 59. Any person authorized in South Carolina to design and construct buildings up to three stories is authorized to design and construct buildings described by this section. /
Amend further, page 8, Section 6-9-63, by striking lines 5-35 and inserting:
/ Section 6-9-63. (A) Each member of the council must be appointed by the Governor for a term of four years and until a successor is appointed and qualifies. The council consists of sixteen members composed of:
(1) an architect licensed in South Carolina;
(2) an engineer licensed in South Carolina from a list of qualified candidates submitted to the Governor by the South Carolina Council of Engineering and Surveying Societies;
(3) a residential home builder licensed in South Carolina from a list of qualified candidates submitted to the Governor by the Home Builders Association of South Carolina; (4)
(5) a general contractor licensed in South Carolina from a list of qualified candidates submitted to the Governor by the Association of General Contractors; (6)
(7) a representative of the modular building industry from a list of qualified candidates submitted to the Governor by the Manufactured Housing Institute of South Carolina; (8)
(9) a code enforcement officer registered in South Carolina; (10)
(11) a representative designated by the State Fire Marshal; (12)
(13) a municipal administrator, manager, or elected official; (14)
(15) a county administrator, manager, or elected official; (16)
(17) a representative designated by the State Engineer of the Budget and Control Board; (18)
(19) a representative of the general public who is not in the practice of home or commercial safety inspection, construction, or building, and who does not have any financial interest in these professions, and who does not have any immediate family member in these professions; (20)
(21) a disabled person; (22)
(23) a representative of the property, casualty insurance industry; (24)
(25) a representative of the electrical industry who is either an engineer licensed in South Carolina or a master electrician; (26)
(27) a representative of the mechanical or gas industry who is either an engineer licensed in South Carolina or a master mechanic; and (28)
(29) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber./ (30)
Amend further, page 8, Section 6-9-63, by striking lines 38-42 and inserting:
/ (C) The primary function of the council is to accept all requests for variation from the series of codes listed in this chapter and to determine which variations, if any, are justified by local conditions and can be enacted after a finding on the record that the modification provides a reasonable degree of public health, safety, and welfare. /
Amend further, page 9, Section 6-9-63, by striking line 5 and inserting:
/ (E) The council shall elect from its members a chairman and /
Amend further, page 9, Section 6-9-63, by striking line 11 and inserting:
/ seven days before the meeting. Nine members constitute a /
Amend further, page 9, Section 6-9-65(B), by striking lines 24-25 and inserting:
/ enforce that portion of a nationally recognized building code it has adopted which regulates the construction or improvement of a farm /
Amend further, Section 6-9-70, page 9, lines 40-43, and continuing on page 10, lines 1-18 by showing this section stricken in its entirety:
/ Section 6-9-70. (A) A person found to be in violation of the building codes or regulations adopted pursuant to the provisions of this chapter must be fined, by civil fine, in an amount not more than two hundred dollars. Each day the violation continues is a separate offense. However, this provision does not prevent a county or municipality from exercising its authority to impose, by ordinance, criminal sanctions of a fine of not more than two hundred dollars or imprisonment for not more than thirty days in lieu of the civil penalties required by this provision.
(B) However, before being charged with a second violation, an individual must be given seven calendar days to remedy the violation if in the opinion of the inspector or official it does not place the public in imminent danger or create an emergency situation. Each day a violation continues is a separate offense if the inspector or official determines the situation places the public in imminent danger or creates an emergency situation. In a situation which does not place the public in imminent danger or create an emergency situation, if in the opinion of the inspector or official no substantial progress is made toward correcting the violation by the end of the seventh calendar day, each day the violation continues thereafter is considered a separate offense./
Amend further, page 10, Section 6-9-80, by striking lines 32-42 and inserting:
/ hundred dollars. Before being charged with a second violation, the person must be given seven calendar days to remedy the violation or submit a plan for correcting the violation.
(C) A person who fails to correct a violation or submit a plan for correcting a violation within seven calendar days after citation or written notice must be cited and fined, by civil fine, in an amount not to exceed two thousand dollars. Each day a violation continues is a separate offense. /
Amend further, page 11, Section 6-9-90, by striking line 3 and inserting:
/ necessary and consistent with Section 6-9-30(B) to implement and continue the programs required by this /
Amend further, page 11, Section 6-9-105, after line 21 by adding a new subsection to read:
/ (C) Where a boundary for a physical or climatological condition is referenced in a code, the council, upon adoption of the code, is required to define the boundary so that it approximates the physical or climatological area, using logical geographic features such as major highways, waterbodies, or ridgelines. Political boundaries may not be used unless they approximate the physical area. /
Renumber sections to conform.
Amend title to conform.
Senator O'DELL explained the committee amendment.
The committee amendment was adopted.
Senator HUTTO proposed the following amendment (449-HUTTO), which was adopted:
Amend the bill, as and if amended, Section 69-130(B), page 12 by striking line 16 and inserting:
/ original building permit was issued. Where the building was constructed prior to the enactment of a building code, the building code inspection must so indicate. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Agriculture and Natural Resources Committee proposed the following amendment (SWB\5421CM03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-36-90(2) of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding a new subitem at the end to read:
"(j) the environmental surcharge imposed pursuant to Section 44-56-430."
SECTION 2. Section 44-56-410 of the 1976 Code is amended to read:
"Section 44-56-410. As used in this article:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Discharge' means leakage, seepage, or other release.
(3) 'Drycleaning facility' means a professional retail commercial establishment located in this State that operates or has at some time in the past operated in whole or in part for the purpose of cleaning clothing and other fabrics from members of the public utilizing a process which involves the use of drycleaning solvents. 'Drycleaning facility' includes laundry facilities that are using or have used drycleaning solvents as part of their cleaning process, but does not include, textile mills or uniform rental and linen supply facilities.
(4) 'Drycleaning solvents' means nonaqueous solvents used in the cleaning of clothing and other fabrics and includes perchloroethylene (also known as tetrachloroethylene) halogenated drycleaning fluids and Stoddard solvent nonhalogenated cleaners, and their breakdown products. 'Drycleaning solvents' includes only solvents originating from use at a drycleaning facility or by a wholesale supply facility.
(5) 'Dry drop-off facility' means a commercial retail store that receives from customers clothing and other fabrics for drycleaning at an off-site drycleaning facility and does not clean the clothing or fabrics at the store utilizing drycleaning solvents.
(6) 'Employee' means a natural person employed and paid by the owner of a drycleaning facility for thirty-five or more hours a week for forty-five or more weeks a year and on whose behalf the owner contributes payments to the South Carolina Employment Security Commission or Department of Revenue as required by law. Excluded from the meaning of the term 'employee' are owners of drycleaning facilities and family members of owners, regardless of the level of consanguinity, if the family members are not employed and compensated pursuant to the definition of the term 'employee' contained in this item. Part-time employees who are employed and paid for fewer than thirty-five hours a week for fewer than forty-five weeks a year must not be deemed to be employees unless their hours and weeks of employment, when combined with the hours and weeks of employment of another or other part-time employee or employees, total thirty-five or more hours a week for forty-five or more weeks a year.
(7) 'Person' means any individual, partnership, corporation, association, or other entity that is vested with ownership, dominion, or legal or rightful title to the real property or which has a ground lease
(8) 'Wholesale supply facility' means a commercial establishment that supplies drycleaning solvents to drycleaning facilities.
(9) 'Insolvent' means the approved expenses of the Department of Health and Environmental Control and the Department of Revenue as well as the estimated cleanup costs are equal to or projected to exceed the fund balance and projected revenues through June 30, 2005 for a five-year period commencing on January 15 of each year.
(10) 'Halogenated drycleaning fluid' means any nonaqueous solvent formulated, in whole or in part, with 10%, or more by volume any of the halogenated compounds chlorine, bromine, fluorine, or iodine. Halogenated drycleaning fluids include perchloroethylene (also know as tetrachloroethylent), trichlorethylene and any breakdown components of them.
(11) 'Nonhalogenated cleaner' means any nonaqueous solvent used in a drycleaning facility that contains less than 10% by volume, of any halogenated compound. Nonhalogenated cleaners include petroleum based drycleaning solvents, and any breakdown components of them.
(12) 'Nonaqueous solvent' means any cleaning formulation designed to minimize swelling of fabric fibers and containing less than 51% of water by volume."
SECTION 3. Section 44-56-420(C) of the 1976 Code is amended to read:
"(C) The fund may not be used to:
(1) restore sites which are contaminated by solvents normally used in drycleaning operations if the activities at a site are not related to the operation of a drycleaning facility or wholesale supply facility;
(2) restore sites that are contaminated by drycleaning solvents being transported to or from a drycleaning facility or wholesale supply facility or that are contaminated as a result of the delivery of drycleaning solvents to a drycleaning facility or wholesale supply facility on or after July 1, 1995, if the contamination resulted from gross negligence;
(3) fund any costs related to the restoration of a site that is proposed for listing or is listed on the State Priority List or on the National Priority List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, or any site that is required to obtain a permit pursuant to the Resource Conservation and Recovery Act, as amended;
(4) pay any costs associated with a fine, penalty, or action brought against the owner or operator of a drycleaning facility or wholesale supply facility or a person under local, state, or federal law;
(5) pay any costs incurred before July 1, 1995, for the remediation of a contaminated site;
(6) pay any costs to landscape or otherwise artificially improve a contaminated site;
(7) pay any contamination assessment or costs related to the restoration before the actual date of the first payment of registration fees for the site pursuant to Section 44-56-470(B) of a wholesale supply storage site which is contaminated by hydrocarbon-based chemicals other than Stoddard;
(8) pay any costs related to contamination assessment where no contamination from drycleaning solvents is discovered;
(9) pay any costs for work not approved by the department in accordance with this article or regulations promulgated pursuant to this article;
(10) restore sites that are uniform rental and linen supply facilities unless the site was operated on or after July 1, 1995, as a professional retail drycleaning facility for garments or fabrics belonging to the public on July 1, 1995, and has participated in the fund;
(11) restore sites that are no longer operated as drycleaning facilities or coin-operated drycleaning facilities where the owner or person has not paid a registration fee for the site pursuant to Section 44-56-470(B) and has not been involved in the drycleaning industry after October 1, 1995."
SECTION 4. Section 44-56-430 of the 1976 Code is amended to read:
"Section 44-56-430. (A) If the State Treasurer determines that the fund is insolvent, an environmental surcharge equal to one and one-half percent of the gross proceeds of sales of dry cleaning must be levied on every owner, operator, or person participating in the fund of every drycleaning facility except for facilities possessing a valid statement of nonparticipation pursuant to Section 44-56-480(A). at a rate of one-half percent on all gross sales The term gross proceeds of sales of dry cleaning is the gross proceeds of sales as defined in Section 12-36-90 if a dry cleaning solvent is used, but does not include any state or local sales and use taxes imposed on the sale. For purposes of this surcharge, sales of dry cleaning considered sales for resale under Chapter 36 of Title 12 are subject to the surcharge as provided in this section. Charges between related parties for sales of dry cleaning must be
(B)(1) The initial surcharge imposed by this section is due and payable on the first twentieth day of the third month succeeding the month in which the charge is imposed. and must be paid Subsequent charges are due and payable on or before the twenty-first twentieth day of each month for the preceding month. The Department of Revenue may authorize the quarterly, semiannual, or annual payment of this surcharge. The surcharge must be reported on forms and in the manner prescribed in regulation determined by the Department of Revenue.
(2) The Department of Revenue must administer, collect, and enforce the surcharge in the manner that the sales and use taxes are administered, collected, and enforced under Chapter 36 of Title 12, except that no timely payment discount or exemptions or exclusions are allowed. The provisions of Title 12 apply to the collection and enforcement of the surcharge by the Department of Revenue.
(3) The Department of Revenue shall retain funds for the costs incurred to administer, collect, and enforce the fund which may include a part-time employee with the related expenses for audit purposes. The funds withheld shall not exceed the actual costs to administer, collect, and enforce the fund. The proceeds of the surcharge, after deducting the administrative costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include all funds collected and received by the Department of Revenue including interest and penalties on delinquent surcharges.
(C) The Department of Revenue shall administer, collect, and enforce the surcharge imposed under this section pursuant to the procedures for administration, collection, and enforcement of the general stated sales tax imposed under Title 12, except as provided in
SECTION 5. Section 44-56-440 of the 1976 Code is amended to read:
"Section 44-56-440. (A) The Board of the Department of Health and Environmental Control shall establish a moratorium on administrative and judicial actions by the department concerning drycleaning facilities and wholesale supply facilities resulting from the discharge of drycleaning solvents to soil or waters of the State. This moratorium applies only to those facilities deemed eligible as defined in this section. The board may review and determine the appropriateness of the moratorium at least annually. This review shall include, but is not limited to, consideration of these factors:
(1) the solvency of the fund as described in Section 44-56-420;
(2) prioritization of the sites;
(3) public health concerns related to the sites;
(4) eligibility of the sites;
(5) corrective action plans submitted to the department.
After review, the board may suspend all or a portion of the moratorium if necessary.
(B) A drycleaning facility or wholesale supply facility that is being operated as a drycleaning facility or wholesale supply facility at the time a request for determination of eligibility is filed and at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered if the drycleaning facility or wholesale supply facility:
(1) has been registered with and has paid all annual fees, surcharges, and solvent fees as required by the Department of Revenue;
(2) is determined by the department to be in compliance with department regulations regulating drycleaning facilities or wholesale supply facilities;
(3) has third-party liability insurance when and if the insurance becomes available at a reasonable cost, as determined by the Department of Insurance and if the insurance covers liability for contamination that occurred both before and after the effective date of the policy;
(4) has provided documented evidence of contamination by drycleaning solvents;
(5) after December 1, 1996, demonstrates current certification pursuant to Section 44-56-470(D);
(6) has not been operated in a grossly negligent manner at any time after November 18, 1980.
(C) A drycleaning facility or wholesale supply facility that ceases to be operated as a drycleaning facility or wholesale supply facility before July 1, 1995, and before the time a request for determination of eligibility is filed at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered provided the owner or operator of the drycleaning facility or wholesale supply facility or person provides documented evidence of the contamination by drycleaning solvents and the owner, operator, or person has paid all annual fees, surcharges, and solvent fees on every drycleaning facility in existence under their control since July 1, 1995, as required by the Department of Revenue.
(D) A drycleaning facility that has been contaminated as a result of the discharge of drycleaning solvents by a supplier of solvents during the delivery of drycleaning solvents to a drycleaning facility first must utilize the insurance of the supplier to the full extent of the coverage for site rehabilitation before any funds may be expended from the fund for the rehabilitation of that portion of the site which was contaminated by the discharge during delivery.
(E) If the facility started operation before July 1, 2000, six months after the effective date of this act and an eligible drycleaning or wholesale owner or operator or person applies for monies from the fund on or before:
(1) October 1, 2002 eighteen months after the effective date of this act, the deductible is one thousand dollars;
(2) October 1, 2003, the deductible is ten thousand dollars;
(3) October 1, 2004 thirty months after the effective date of this act, the deductible is twenty-five thousand dollars.
An eligible drycleaning facility that has applied for monies from the fund prior to the effective date of this paragraph shall have a deductible of one thousand dollars regardless of any deductible previously
A facility first starting its operations on or after six months after the effective date of this act shall have a deductible of twenty-five thousand dollars if it is determined to be eligible if the operator or person applies for money from the fund within six months of obtaining evidence of contamination.
(F) An owner of a drycleaning facility or wholesale supply facility or person seeking eligibility under this subsection shall submit an application for determination of eligibility to the department on forms provided by the department. The department shall review the application and request any additional information within ninety days. The department shall notify the applicant within one hundred eighty days as to whether the facility is eligible.
(G) Eligibility under this subsection applies to the site of the drycleaning facilities or wholesale supply facilities. A determination of eligibility or ineligibility is not affected by the subsequent conveyance of the ownership of the drycleaning facilities or wholesale supply facilities.
(H) This section does not apply to a site where the department has been denied site access to implement this section or to drycleaning facilities owned or operated by a local government or by the state or federal government.
(I) A site owned by an owner of a drycleaning facility or a person at any time subsequent to October 1, 1995, who misrepresents the number of employees upon which the registration fee provided for in Section 44-56-460 is based is not eligible for funds under this section."
SECTION 6. Section 44-56-450 of the 1976 Code is amended to read:
"Section 44-56-450. (A) In order to identify drycleaning facilities and wholesale suppliers which have experienced contamination resulting from the discharge of drycleaning solvents and to assure the most expedient rehabilitation of these sites, the owners and operators of drycleaning facilities and wholesale suppliers and persons are encouraged to detect and report contamination from drycleaning solvents related to the operation of drycleaning facilities or wholesale supply facilities. Forms must be distributed to owners and operators of drycleaning and wholesale supply facilities and to persons. The Department of Revenue shall use reasonable efforts to identify and
(B) A report of drycleaning solvent contamination at a drycleaning facility made to the department by a person in accordance with this article or regulations promulgated under this article may not be used directly as evidence of liability for the discharge in a civil or criminal trial arising out of the discharge."
SECTION 7. Section 44-56-470 of the 1976 Code is amended to read:
"Section 44-56-470. (A) For each drycleaning facility owned and in operation, the owner or operator of the facility or person shall register with and pay initial registration fees to the Department of Revenue by October 1, 1995, and pay annual or quarterly renewal registration fees as established by the department in regulation Department of Revenue. The fee must be accompanied by a notarized certification from the owner, on a form provided by the Department of Revenue, certifying the number of employees employed by the owner, or operator, for the twelve-month period preceding payment of the fee.
(B) An initial and annual registration fee for each drycleaning facility with:
(1) up to four employees is seven hundred fifty dollars;
(2) five to ten employees is one thousand five hundred dollars;
(3) eleven or more employees is two thousand two hundred fifty dollars.
The fee must be paid within thirty days after receipt of billing by the department.
(C) The provisions of Title 12 apply to the collection and enforcement of the fees by the Department of Revenue.
(D) Before July 1, 2002, an owner or operator of a drycleaning facility or person shall receive certification from the International Fabricare Institute, the Neighborhood Cleaners Association, or some other comparable nationally recognized drycleaning industry association certifying that the operator has demonstrated a level of competency to operate a drycleaning facility in accordance with the highest standards of the drycleaning industry. The Department of Revenue must retain funds for the costs incurred to collect and enforce the fund which may include a part-time employee with the related
(C)(E) Revenue derived from the registration fees must be submitted to the State Treasurer and credited to the Drycleaning Facility Restoration Trust Fund.
(E)(F) Before January 1, 2002 a year after the effective date of this act, an owner or operator of a drycleaning facility in operation before July 1, 2000 six months after the effective date of this act, shall install dikes or other containment structures around each machine or item of equipment in which drycleaning solvents are used and around an area in which solvents or waste containing solvents are stored. The containment must meet the following criteria:
(1) the dikes or containment structures must be capable of containing one-third of the capacity of the total tank capacity of each machine;
(2) dikes or containment structures around areas used for storage of solvents or waste containing solvents must be capable of containing one hundred percent of the volume of the largest container stored or retained in the containment structure;
(3) all diked containment areas must be sealed or otherwise made impervious to the drycleaning solvents in use at the facility, including floor surfaces, floor drains, floor joints, and inner dike walls;
(4) to the extent practicable, an owner of a drycleaning facility or person shall seal or otherwise render impervious those portions of all floor surfaces upon which any drycleaning solvents may leak, spill, or otherwise be released;
(5) containment devices must provide for the temporary containment of accidental spills or leaks until appropriate response actions are taken by the owner/operator to abate the source of the spill and remove the product from all areas on which the product has accumulated; and
(6) materials used in constructing the containment structure or sealing the floors must be capable of withstanding permeation by
(F)(G) For drycleaning facilities that commence operating on or after July 1, 2000 six months after the effective date of this act, the owners or operators of these facilities or persons, before the commencement of operations, shall install beneath each machine or item of equipment in which drycleaning solvents are used a rigid and impermeable containment vessel capable of containing one hundred percent of the volume of the largest single tank in the machine or piece of equipment or one-third of the total tank capacity of each machine, whichever is greater. Dikes or containment structures must be installed before delivery of any drycleaning solvents to the facility. All dikes or containment structures shall meet all criteria of Section 44-56-470(E)(F).
(G)(H) A person or the owner or operator of a drycleaning facility or wholesale supply facility at which there is a spill of more than the federally mandated reportable quantity of drycleaning solvent outside of a containment structure, after July 1, 1995, shall report the spill to the department immediately upon the discovery of the spill and comply with existing emergency response regulations.
(H)(I) Failure to comply with the requirements of this section constitutes gross negligence with regard to determining site eligibility."
SECTION 8. Section 44-56-480 of the 1976 Code is amended to read:
"Section 44-56-480. (A) Beginning July 1, 1995, an environmental surcharge is assessed on the privilege of producing in, importing into, or causing to be imported into the State perchloroethylene (tetrachloroethylene) and Stoddard drycleaning solvent. A surcharge of ten dollars per gallon on perchloroethylene halogenated drycleaning fluid and two dollars per gallon on Stoddard solvent nonhalogenated cleaner is levied on each gallon to be used for drycleaning purposes when first imported into or produced in the State. Nonhalogenated cleaners purchased, produced, or transported in a nonliquid physical state must be assessed a surcharge of twenty cents per pound. A drycleaning facility not subject to this article that has made an election not to be under the provisions of this article pursuant to Section 44-56-485 (A) or (B) may request a statement of nonparticipation from the Department of Revenue so as to demonstrate its status under this article and its exemption from the surcharge provided for in this subsection.
(B) A person producing in, importing into, or causing to be imported into this State perchloroethylene and Stoddard drycleaning solvent for sale, use, or otherwise must register with the Department of Revenue and become licensed for the purposes of remitting the surcharge pursuant to this section. The person must register as a producer or importer of perchloroethylene or Stoddard drycleaning solvent. Persons operating at more than one location only are required to have a single registration. The fee for registration is thirty dollars. Failure to timely register before importing or producing drycleaning solvent into this State is a misdemeanor and, upon conviction, the person must be fined up to one twenty-five thousand dollars or imprisoned up to thirty days.
(C) The surcharge imposed by this section is due and payable on the first or before the twentieth day of the month succeeding the month of production, importation, or removal from a storage facility and must be paid on or before the twentieth day of the month. The surcharge must be reported on forms and in the manner prescribed determined by the Department of Revenue by regulation.
(D) An owner, operator, or person subject to the surcharge under this section or a person who sells surcharge-paid perchloroethylene or Stoddard solvent, other than a retail dealer, must separately state the amount of the surcharge paid on a charge ticket, sales slip, invoice, or other tangible evidence of the sale or must certify on the sales document that the surcharge required pursuant to this section has been paid.
(E) All perchloroethylene and Stoddard drycleaning solvent to be used for drycleaning purposes which are imported, produced, or sold in this State are presumed to be subject to the surcharge imposed by this section. An owner, operator, or person, except the final retail consumer, who has purchased perchloroethylene or Stoddard drycleaning solvent for use in drycleaning for sale, use, consumption, or distribution in this State must document that the surcharge imposed by this section has been paid or must pay the surcharge directly to the Department of Revenue in accordance with subsection (C). The solvent dealer may pass the costs of the surcharge to owners, operators, or persons of drycleaning facilities except the surcharge imposed by this section must not be charged to a facility possessing a statement of nonparticipation pursuant to Section 44-56-480(A).
(F)(E) The surcharge imposed by this section must be remitted to the Department of Revenue. The payment must be accompanied by the forms as the Department of Revenue prescribes. The proceeds of the
(G)(F) The Department of Revenue shall administer, collect, and enforce the surcharge authorized under this section pursuant to the same procedures used in the administration, collection, and enforcement of the general state sales tax imposed under Title 12 except as provided in this section in the manner that sales and use taxes are administered, collected, and enforced under Chapter 36 of Title 12, except no timely payment discount or exemptions or exclusions are allowed. Provisions of Title 12 regarding the department's Department of Revenue's authority to audit and make assessments, the keeping of books and records, and interest and penalties on delinquent taxes apply. The surcharge may not be included in the computation of estimated taxes nor does the dealer's credit for collecting taxes or fees apply to the surcharge.
(H)(G) The Department of Revenue shall retain funds for the incremental cost to administer the program. The Department of Revenue may promulgate regulations and may prescribe and publish forms as may be necessary to effectuate the purposes of this section. The Department of Revenue must retain funds for the costs incurred to administer, collect, and enforce the program. The proceeds of the surcharge, after deducting the costs incurred by the Department of Revenue in administering, auditing, collecting, distributing, and enforcing the surcharge, must be remitted to the State Treasurer and credited to the fund and must be used as provided in Section 44-56-420. For the purposes of this section, the proceeds of the surcharge include interest and penalties collected by the Department of Revenue.
(I)(H) The Department of Revenue may establish audit procedures and assess delinquent surcharges.
(J)(I) Perchloroethylene and Stoddard Drycleaning solvent used for drycleaning exported from the first storage facility at which it is held in this State by the producer or importer is exempt from the surcharge pursuant to this section. Anyone exporting perchloroethylene or Stoddard drycleaning solvent on which the surcharge has been paid
(K)(J) The Department of Revenue may authorize:
(1) a quarterly return and payment when the surcharge remitted by the licensee for the preceding quarter did not exceed one hundred dollars;
(2) a semiannual return and payment when the surcharge remitted by the licensee for the preceding six months did not exceed two hundred dollars;
(3) an annual return and payment when the surcharge remitted by the licensee for the preceding twelve months did not exceed four hundred dollars."
SECTION 9. Section 44-56-485 of the 1976 Code is amended to read:
"Section 44-56-485. (A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facility that is in existence on July 1, 1995, that drycleans with Stoddard solvents or its breakdown products nonhalogenated cleaners only. However, an owner or operator of a facility or person may elect to place the facility under the provisions of this article by paying the required annual fee for the facility before October 1, 1995. If an owner or operator of a facility or person does not elect to place a facility under this article before October 1, 1995, the current or a future owner or operator of the site or person is prohibited from receiving any funds or assistance under this article. Failure to pay the required annual fee by October 1, 1995, constitutes electing not to place a facility under this article. Additionally, an owner, operator, or person who does not elect to place a facility under this article is prohibited from receiving any funds or assistance under this article for any site the owner, operator, or person currently or previously operated or abandoned.
(B) A drycleaning facility in existence on July 1, 1995, that uses perchloroethylene halogenated fluids and Stoddard solvent or their breakdown products nonhalogenated cleaners may elect to remove the facility from the requirements of this article if the election is made before October 1, 1995. Failure to pay the required annual fee by October 1, 1995, constitutes electing to remove a facility from the requirements of this article. An owner, operator, or person of a facility using perchloroethylene halogenated and Stoddard solvents or their
(C) Notwithstanding subsections (A) and (B) of this section, if a person or an owner or operator of a drycleaning facility in existence on July 1, 1995, has made an election not to place a facility under the provisions of this article as allowed in subsection (A) or (B) above, then the person, owner, or operator may affirmatively and irrevocably elect to place the drycleaning facility under the provisions of this article. This election must be made by registering with the Department of Revenue on or before July 1, 2004 and paying the fees and taxes provided under this article. An electing drycleaning facility is liable for payment of all taxes and fees from the later of July 1, 1995, or the date the drycleaning facility began operating, but is not liable for any penalties or interest.
(D) Notwithstanding any other provision of this article, any person or owner or operator of a drycleaning facility that has not registered with the Department of Revenue and complied with the provisions of this article may voluntarily register with the Department of Revenue on or before July 1, 2005, without incurring any penalties or interest. Payment of all taxes and fees due pursuant to this article is required to be made from the later of July 1, 1995, or the date the drycleaning facility began operating. Any person or owner or operator of a drycleaning facility that does not voluntarily register under this provision is subject to interest, penalties, and payment of all taxes and fees from the later of July 1, 1995, or the date the drycleaning facility began operating. No fees will be prorated or refunded for a business in operation for less than twelve months.
(E) Notwithstanding any other provisions in this article, the department may direct the Department of Revenue to allow a person or owner or operator of a drycleaning facility, who elected not to place the facility under this article pursuant to subsection (A) or (B) of this section to register, provided the department finds that the person or owner or operator of the drycleaning facility requesting to register did not have notice of this article for more than ninety days prior to requesting registration. The person or owner or operator of a drycleaning facility registering pursuant to this subsection is liable for payment of all taxes or fees, including interest, from the later of July 1, 1995, or the date the drycleaning facility began operating; however, the registering person, owner or operator is not liable for penalties. No fees will be prorated or refunded for a business in operation for less than twelve months."
SECTION 10. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 11. This act takes effect upon approval by the Governor. The repeal or amendment of a code section by this act does not release or extinguish any tax, fee, interest, penalty, forfeiture, or liability for any period prior to the repeal or amendment. The repealed or amended code section or act must be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the tax, fee, interest, penalty, forfeiture, or liability. /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 525 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND ARTICLE 1 OF CHAPTER 32, TITLE 27, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME SHARING PLANS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS, REVISE PROVISIONS RELATING TO ADVERTISING AND CONVEYANCE OF VACATION TIME SHARING PLANS SO AS TO DELETE CERTAIN LICENSE REQUIREMENTS FOR SELLERS AND TO EXEMPT CERTAIN COMMUNICATIONS FROM ADVERTISEMENT AND PROMOTION RESTRICTIONS,
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 (JUD0525.002), which was adopted:
Amend the bill, as and if amended, page 2, line 32, in Section 27-32-10(2), as contained in SECTION 1, by striking line 32 in its entirety and inserting therein the following:
/ trust, syndicate, fiduciary, and all any other groups group or combinations combination /.
Amend the bill further, as and if amended, page 6, line 25, in Section 27-32-20(2)(c), as contained in SECTION 1, by striking /business/ and inserting therein the following:
/ business seller's /.
Amend the bill further, as and if amended, page 10, line 29, in Section 27-32-60(3)(a), as contained in SECTION 1, by striking line 29 in its entirety and inserting therein the following:
/ to refund during the four-day five-day right to cancellation period as /.
Amend the bill further, as and if amended, page 18, line 36, in Section 27-32-115, as contained in SECTION 1, by striking /referral/ and inserting therein the following:
/ finder's /.
Amend the bill further, as and if amended, page 20, line 14, in Section 27-32-140(A), as contained in SECTION 1, by striking /time sharing units/ and inserting therein the following:
/ time sharing units the vacation time sharing plan /.
Amend the bill further, as and if amended, page 21, beginning on line 18, in Section 27-32-150(A), as contained in SECTION 1, by striking lines 18 through 26 and inserting therein the following:
/ annual renewal fee of fifty dollars. An initial filing fee of ten dollars per each seven-day use availability, but not exceeding a maximum initial filing fee of five hundred dollars, must accompany an application for registration of a vacation time sharing plan. Upon amending an existing registration to add interests in a vacation time sharing plan, a filing fee of five dollars for each seven-day use availability added by the amendment, but not exceeding a maximum filing fee of two hundred fifty dollars, must be submitted. The annual vacation time sharing plan renewal fee is two hundred fifty dollars. /
Amend the bill further, as and if amended, beginning on page 24, beginning on line 12, in Section 27-32-190, as contained in SECTION 1, by striking Section 27-32-190 in its entirety and inserting therein the following:
/ Section 27-32-190. (A) Every A vacation time sharing plan for sale or offered for sale in this State must be registered with the South Carolina Real Estate Commission as follows:
A.(1) Upon receipt of an application for registration in proper form, the commission shall must initiate an examination to determine that the:
(1)(a) the seller can may sell, convey, otherwise transfer, or cause to be sold, conveyed, or otherwise transferred the vacation time sharing plan offered for sale if the purchaser complies with the terms of the offer;
(2)(b) the advertising material and general promotional plan are not false or misleading;
(3)(c) the requirements of this chapter have been fulfilled;
(4)(d) the seller has not, or, if a corporation, its officers, directors, and principals have not been convicted of any a crime involving land dispositions, crimes of moral turpitude, any securities law violations, fraudulent business activities, or any aspect of the vacation time sharing business in this State, the United States, or any other another state or foreign country within the past ten years, and has have not been subject to any an injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving any of the activities above; and
(e) interests in accommodations and facilities conveyed to a purchaser are free and clear of all liens, mortgages, and encumbrances of every kind, the existence or foreclosure of which may result in loss or diminution of the purchaser's ownership or use rights, as represented in the vacation time sharing plan. The seller shall provide adequate assurances to the commission that all interests conveyed to purchasers in accommodations and facilities, and the accommodations and facilities themselves, shall remain unencumbered excepting only tax liens, owners' association assessments, encumbrances including mortgage liens which are subordinate to the vacation time sharing plan or other encumbrances arising from the purchaser's actions, and purchase money mortgages, contracts for deed, or similar purchase money security interests arising from transactions in which the purchasers acquired their interests. Those assurances may consist of bonds, nondisturbance instruments, and recorded instruments advising third parties of the existence of purchaser use rights and providing for subordination of future liens. For those plans in which an interest in accommodations and facilities is not conveyed, the commission may require either a cash or surety bond, or both, in an amount up to but not to exceed a combined total of two hundred fifty thousand dollars.
B.(2) Upon receipt of the application for registration in proper form, the commission shall issue a notice of filing to the applicant. Within thirty days from the date of the notice of filing the commission receives an application for registration, the commission shall must enter an order registering the vacation time sharing plan or rejecting the registration. If no an order of rejection is not entered within thirty days from the date of notice of filing application, the vacation time sharing plan is considered registered unless the applicant has consented in
(1)(a) If the commission affirmatively determines, upon inquiry and examination, that the requirements of this chapter have been met, it shall must enter an order registering the plan.
(2)(b) If the commission determines, upon inquiry and examination, that any of the requirements of this chapter have not been met, the commission shall must notify the applicant that the application for registration must be corrected in the particulars specified within fifteen days. The commission has the discretion to grant a longer period of time for the applicant to make the required corrections. If the requirements are not met within the time allowed, the commission shall must enter an order rejecting the registration which shall and include including the findings of fact upon which the order is based. The order rejecting the registration shall is not become effective for twenty days during which time the applicant may petition for reconsideration and must be entitled granted to a hearing.
(3)(c) If it appears that a person, company, or any a business organization has engaged, or, is about to engage in an act or practice constituting a violation of a provision of this chapter or any rule or order under it, the commission, through the Department of Labor, Licensing, and Regulation, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder under it. The commission shall contact must notify, whenever practicable, any a person or business violating this chapter before recourse to in the circuit court. Upon proper showing, injunctive relief or temporary restraining orders may be granted, and a receiver or conservator may be appointed. Neither the commission nor the Department of Labor, Licensing, and Regulation is required to post bond in any a court proceeding.
C.(B) The commission may:
(1) make any a public or private investigation which it considers necessary, either within or outside of this State, to determine whether any if a person has violated or is about to violate this chapter or any rule or order hereunder under it, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under it.;
(2) require or permit any a person to file a statement in writing, under oath or otherwise as the commission determines, as to all facts and circumstances concerning the matter to be investigated.;
(3) for the purpose of any investigation or proceeding under pursuant to this chapter, the commission or any an officer designated by rule may administer oaths or affirmation, and, upon its own motion or upon request of any a party, shall must subpoena witnesses, compel their attendance, take evidence, and require the production of any a matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other another matter reasonably calculated to lead to the discovery of material evidence.;
(4) apply to the circuit court for an order compelling compliance upon a person's failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected by it, the commission, through the Department of Labor, Licensing, and Regulation, may apply to the circuit court for an order compelling compliance.;
D. The commission may:
(1)(5) issue an order requiring the seller to cease and desist from any an unlawful practice and to take such affirmative action as to the judgment of the commission will to carry out the purposes of this chapter, if, after notice and hearing, the commission determines that a seller has:
(a) violated any provisions a provision of this chapter;
(b) directly or through any an agent of or employees employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in any a vacation time sharing plan;
(c) made any a substantial change in the plan of development and sale of the vacation time sharing plan subsequent to after the order of the registration without obtaining the prior written approval of the commission; or
(d) violated any unlawful a lawful order or rule of the commission.
(2)(6) Make make findings of fact in writing that the public interest will be is irreparably harmed by delay in issuing an order and in such case may issue a temporary cease and desist order. Before issuing the temporary cease and desist order, the commission, whenever possible by telephone or otherwise, shall must give notice to the seller of the proposal to issue a cease and desist order to the seller. Every Each temporary cease and desist order shall must include in its terms a
E. The commission may:
(1)(7) Revoke revoke any a registration of a vacation time sharing plan if, after notice and hearing upon a written finding of fact, it the commission determines that the seller has:
(a) failed to comply with the terms of a cease and desist order;
(b) been convicted in any a court of competent jurisdiction, subsequent to after the filing of the application for registration, of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing;
(c) disposed of, concealed, or diverted any funds or assets of any a person so as to defeat the rights of vacation time sharing plan purchasers;
(d) failed to faithfully perform any stipulation or agreement made with the commission as an inducement to grant any a registration, to reinstate any a registration, or to approve any promotional plan or advertisement; or
(e) made intentional misrepresentations or concealed material facts in an application for registration. Findings of fact that a specific provision of law has been violated must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.; and
(2)(8) Issue issue a cease and desist order instead of revoking a registration if it finds, after notice and hearing, that the seller has been guilty of a violation for which revocation could be ordered. /
Amend the bill further, as and if amended, page 28, beginning on line 25, in Section 27-32-200(B), as contained in SECTION 1, by striking lines 25 through 40 and inserting therein the following:
/ (B) In addition to the license fees required under the provisions of this chapter, every licensee shall pay an annual fee in such amount as the commission shall determine but in no event exceeding twenty-five dollars for the establishment of a vacation time sharing recovery fund. Such The funds must be held and accumulated from year to year by in the State Treasury in a special fund for the commission, to be designated as the 'South Carolina Vacation Time Sharing Recovery Fund'. The fund must be is a continuing fund not subject to fiscal year limitations, and must be is under the administrative direction of the commission. Expenditures from this fund must be made in accordance with the provisions of this chapter without legislative appropriation. Warrants for expenditures from the fund must be drawn by the
Amend the bill further, as and if amended, page 31, line 40, in Section 27-32-240(1), as contained in SECTION 1, by striking line 40 in its entirety and inserting the following:
/ as defined in item (9) (8) of Section 27-32-10, may, however,/.
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 and ordered placed on the third reading Calendar.
On motion of Senator ELLIOTT, with unanimous consent, the name of Senator ELLIOTT was added as a co-sponsor of S. 525.
On motion of Senator MARTIN, with unanimous consent, S. 525 was ordered to receive a third reading on Friday, April 25, 2003.
S. 572 (Word version) -- Senators Waldrep and Hutto: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (DKA\3479DW03), which was adopted:
Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 47-4-110 of the 1976 Code, as last amended by Act 22 of 1995, is further amended by adding:
"(E) Violations of those provisions of Title 47 assigned to the enforcement authority of the State Livestock-Poultry Health Commission, the maximum punishment for which are within the jurisdictional maximum of the summary court, may be charged by use of the Uniform Traffic Ticket, pursuant to the provisions of Section 56-7-10. A violation of this section shall not subject the defendant's driving record to assessment of any points nor shall the violation be considered by any insurance company for automobile insurance or merit rating system and recoupment purposes." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator KNOTTS, with unanimous consent, S. 572 was ordered to receive a third reading on Friday, April 25, 2003.
H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.
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 (JUD3902.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 23-1-212(A) of the 1976 Code is amended to read:
"(A) For purposes of this section, 'federal law enforcement officer' means the following persons who are employed as full-time law enforcement officers by the federal government and who are authorized to carry firearms while performing their duties:
(1) Federal Bureau of Investigation special agents;
(2) Bureau of Alcohol, Tobacco and Firearms special agents;
(3) Drug Enforcement Administration special agents;
(4) United States Secret Service special agents;
(5) United States Customs Service officers;
(6) United States Postal Service inspectors;
(7) Internal Revenue Service special agents;
(8) United States Marshal's Service marshals and deputy marshals.;
(9) United States Department of Agriculture Forest Service law enforcement officers and special agents;
(10) United States Department of Interior Fish and Wildlife special agents;
(11) United States National Marine Fisheries special agents."
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 and ordered placed on the third reading Calendar.
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
On motion of Senator RYBERG, the Bill was carried over.
H. 3906 (Word version) -- Rep. Keegan: 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.
On motion of Senator ELLIOTT, the Bill was carried over.
On motion of Senator MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO spoke on the Bill.
Senator MARTIN spoke on the Bill.
On motion of Senator MARTIN, the Bill was carried over.
Having received a favorable report from the York County Delegation, the following appointments were confirmed in open session:
Reappointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745
Reappointment, York County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
H. Melvin Howell, 2430 Hopewell Road, Hickory Grove, S.C. 29717
On motion of Senator MARTIN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Committee on Corrections and Penology, the following appointment was confirmed in open session:
Initial Appointment, Director, Department of Probation, Parole and Pardon Services, with term coterminous with Governor
James V. McClain, P. O. Box 1087, North, S.C. 29112 VICE Joan Meacham
Having received a favorable report from the Committee on Transportation, the following appointment was confirmed in open session:
Initial Appointment, South Carolina Department of Highways and Public Transportation, with term coterminous with Governor
At-Large - Chairman
Tecumseh Hooper, Jr., 6 Rock Creek Court, Greenville, S.C. 29605 VICE Morgan Martin
On motion of Senators MOORE, ALEXANDER, ANDERSON, BRANTON, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KNOTTS, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned in memory of our colleague and friend, former Senator ISADORE LOURIE of Columbia, S.C.
Senator McCONNELL moved that, when the Senate adjourns on Friday, April 25, 2003, it stand adjourned to meet next Tuesday, April 29, 2003, at 12:00 Noon, which motion was adopted.
At 12:37 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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