Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words from the 34th Psalm (11-12):
"Which of you desires life and covets many days to enjoy good?...
Come, O children, listen to me; I will teach you the fear of the
Lord!"
Let us pray.
Father, we are thankful that for us You are not a question mark... but a stark and wondrous reality...
Be with us now, as we face this week's tasks: identifying our problem areas... marshalling the data... instructing each other... drawing conclusions... and making our decisions and commitments.
Grant to us, Father, a vision of our people's needs like You gave to Moses, the wisdom You gave to Solomon, the courage You gave to Joshua, the sense of mission You gave to St. Paul of Tarsus, that we may shudder through none of our problems, because we believe You will guide us all the way.
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:
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009
Horry
Vernie E. Dove, Sr., 1303 Azalea Court, Myrtle Beach, S.C. 29572 VICE William H. Alford (resigned)
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005
3rd Congressional District
G. Dial Dubose, P. O. Box 1929, Easley, S.C. 29641 VICE Joseph Jackson Turner (resigned)
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2001, and to expire May 19, 2008
Georgetown County
Guerry E. Green, 8 Lachicotte Drive, Pawleys Island, S.C. 29585 VICE James M. Wooten
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007
4th Congressional District
Keith D. Munson, 112 Cliffwood Court, Greer, S.C. 29650 VICE Merl F. Code (resigned)
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004
At-Large
Joe E. Taylor, 47 Mahalo Lane, Columbia, S.C. 29204 VICE Keith Waring (resigned)
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 2001, and to expire June 4, 2008
At-Large
Harry J. Butler, Jr., One Dover Plantation, Georgetown, S.C. 29440 VICE Jack M. Scoville (resigned)
Referred to the Committee on Transportation.
Senator RYBERG introduced Dr. Cindy Besson of Aiken, S.C., Doctor of the Day.
Senator RANKIN rose for an Expression of Personal Interest.
Senator LEVENTIS rose for an Expression of Personal Interest.
The Senate rose for a moment of silence in memory of former Senator J. M. "BUD" LONG of Horry County.
Senator KNOTTS rose for an Expression of Personal Interest.
Thank you, Mr. PRESIDENT.
If I can have your attention for a moment, I would like to take the podium to talk about something you all have probably seen in the newspaper this past Sunday. A two and a half page write-up on the front of The State newspaper headlines an article concerning a town in my district that also is partially in Senator SETZLER's district in South Congaree.
You know, I have received many calls in the last day regarding that article. Now, all of a sudden when the item was published -- and we thought that this was going to be a negative article -- but, I would like to say, the people in that town have stood up for their police department. They have come together, with all the calls that I have received, in a positive manner. They are in a town that has not been policed properly for twenty years and finally have revamped the police department to become an aggressive police department.
Even though it was portrayed in the paper as a negative point, it turned out to be a very positive point for the town, because it let the people of South Congaree know that their elected officials, the mayor and the council, and the people involved, have avenues to air their
Now, the paper implied that it was a speed trap -- a place where people were not safe to go because of the police department; but that was not the end result. The end result is that the people of South Congaree now know that their police department is a good police department. Because, if you read the article, there were three or four things mentioned that I would like to point out to you. First, they were not talking or accusing our police department or any of our employees of public corruption, police brutality, or of anything improper, except being aggressive and enforcing the law. What they accused them of was enforcing the law of South Carolina in a manner that should have been done years ago.
You see, three years ago before they revamped the police department, there were two drug cases made in the whole town in a year for possession of marijuana. In the first six months, I understand and have been told, there have been over four hundred arrests made that were drug related in the town. And the police stop them, charge them, and they go to court for it. Small crime leads to big crime. In other parts of this State we have had to put money, public safety coordinating council has had to put money, into the call in an attempt to control crime that got out of control where the criminals controlled who would or would not go to jail.
Honest, law-abiding citizens had a fear of going to court and serving on a jury. That has since been corrected. But in South Congaree, I want to take this opportunity to praise our mayor, our council, our police chief and our small police department for a job well done and thank them for what they have done. Also, I commend them for the fact they were not accused of what police departments are usually accused of and that they were simply accused of enforcing the law.
Thank you.
On motion of Senator KUHN, with unanimous consent, Senator KNOTTS' remarks would be printed in the Journal.
At 12:10 P.M., Senator RYBERG requested a leave of absence beginning at 10:00 P.M. on Thursday, May 1, 2003, and lasting until 8:00 A.M. on Monday, May 5, 2003.
At 12:13 P.M., Senator FORD requested a leave of absence from 5:00 - 9:00 P.M. Wednesday, April 30, 2003, and Thursday, May 1, 2003.
At 12:15 P.M., Senator HUTTO requested a leave of absence from 5:00 - 8:00 P.M. on Thursday, May, 8, 2003.
At 12:20 P.M., Senator FAIR requested a leave of absence from 4:00 P.M. until midnight tonight.
At 12:30 P.M., Senator LEVENTIS requested a leave of absence from 3:30 - 6:00 P.M. today.
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 F. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES F. FLEMING BRIDGE."
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
H. 3546 (Word version) -- Reps. Clemmons, Barfield, Edge, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE
Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.
Senator LEATHERMAN 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 on Finance and ordered placed on the Calendar for consideration tomorrow.
S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee.
Senator McCONNELL 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.
Senators MOORE, MARTIN, GREGORY, RANKIN and MALLOY proposed the following amendment (JUD0433.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Title 15 of the 1976 Code is amended by adding:
Notice and Opportunity to Cure
Construction Dwelling Defects
Section 15-47-10. This chapter may be cited as the 'South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act'.
Section 15-47-20. As used in this chapter:
(1) 'Action' means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.
(2) 'Claimant' means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.
(3) 'Construction defect' means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:
(a) defective material, products, or components used in the construction of residential improvements;
(b) violation of the applicable codes in effect at the time of construction of residential improvements;
(c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or
(d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.
(4) 'Contractor' means a person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings.
(5) 'Design professional' means:
(a) a person licensed in this State as an architect, landscape architect, engineer, or surveyor; or
(b) an interior designer.
(6) 'Designer' means:
(a) a person who designs one- and two-family dwellings, but is exempt from licensing under Title 40, Chapter 3; or
(b) an interior designer.
(7) 'Dwelling' means a single-family house or duplex or a multifamily unit not to exceed ten units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.
(8) 'Serve' or 'service' means personal service or delivery by certified mail to the last known address of the addressee.
(9) 'Subcontractor' means a contractor who performs work on behalf of another contractor in the construction of a dwelling.
(10) 'Supplier' means a person who provides materials, equipment, or other supplies for the construction of the dwelling.
Section 15-47-30. If the claimant files a dwelling action without first complying with the provisions of this chapter, on motion of a party to the action, the court must stay the action until the claimant has complied with the requirements of this chapter.
Section 15-47-40. (A) In an action brought against a contractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve written notice of claim on the contractor. The notice of claim must: (1) state that the claimant asserts a construction defect claim, (2) describe the claim or claims in reasonable detail sufficient to determine the general nature of any alleged construction defects, and (3) include a description of the results of the defects, if known.
(B) Within fifteen days after the initial service of the notice of claim required pursuant to subsection (A), the contractor must serve a copy of the notice to each subcontractor, supplier, and design professional who the contractor reasonably believes is responsible for a defect specified in the notice and include with the notice the specific defect for which the contractor believes the subcontractor, supplier, or design professional is responsible.
(C) Upon the request of the contractor, subcontractor, supplier, or design professional who has received a notice pursuant to subsection (A) or (B), the claimant must provide to the contractor, subcontractor, supplier, or design professional any evidence that depicts the nature and cause of the defect and the nature and extent of repairs necessary to remedy the defect including, but not limited to, expert reports, photographs, and videotapes, if that evidence would be discoverable under state law or South Carolina rules of evidence.
(D) Within thirty days after service of the notice of claim pursuant to subsection (A) or (B), each contractor, subcontractor, supplier, or design professional who has received a notice of claim must serve a written response on the claimant. The written response must:
(1) offer to compromise and settle the claim by monetary payment without inspection;
(2) propose to inspect the dwelling that is the subject of the claim; or
(3) state that the contractor, subcontractor, supplier, or design professional, as appropriate, disputes the claim and will neither remedy the alleged construction defect nor compromise and settle the claim.
(E) If the contractor, subcontractor, supplier, or design professional disputes the claim pursuant to subsection (D) and does not (1) remedy the alleged construction defect, (2) compromise and settle the claim, or (3) respond to the claimant's notice of claim within the time allowed in subsection (D), the claimant may bring an action against the contractor, subcontractor, supplier, or design professional for the claim described in the notice of claim without further notice.
(F) If the claimant rejects the settlement offer or the inspection proposal made by the contractor, subcontractor, supplier, or design professional pursuant to subsection (D), the claimant must serve written notice of his rejection on the contractor, subcontractor, supplier, or design professional. The notice must include the basis for the claimant's rejection of the offer or proposal. After service of the notice of rejection, the claimant may bring an action against the contractor, subcontractor, supplier, or design professional for the claim described in the initial notice of claim made pursuant to subsection (A) or (B) without further notice.
(G) If the claimant elects to allow the contractor, subcontractor, supplier, or design professional to inspect the dwelling in accordance with the proposal made by the contractor, subcontractor, supplier, or design professional's proposal pursuant to subsection (D), the claimant must provide the contractor, subcontractor, supplier, or design professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect to determine the nature and cause of the alleged defects and the nature and extent of any repairs or replacements necessary to remedy the alleged defects.
(H) Within fourteen days after completion of the inspection, the contractor, subcontractor, supplier, or design professional, as appropriate, must serve on the claimant:
(1) a written offer to:
(a) remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of the construction or repair;
(b) compromise and settle the claim by monetary payment; or
(2) a written statement that the contractor, subcontractor, supplier, or design professional does not intend to proceed further to remedy the defect.
(I) If the claimant: (1) accepts the offer of a contractor, subcontractor, supplier, or design professional made pursuant to subsection (H) but the contractor, subcontractor, supplier, or design professional does not proceed to remedy the construction defect within the offer's stated timetable or make the monetary payment; or (2) receives a written statement that the contractor, subcontractor, supplier, or design professional will not proceed to remedy the defect, the claimant may bring an action against the contractor, subcontractor, supplier, or design professional, as appropriate, in the initial notice of claim made pursuant to subsection (A) or (B) without further notice.
(J) If the claimant rejects the offer made pursuant to item (1) of subsection (H) by the contractor, subcontractor, supplier, or design professional to remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant must serve written notice of the claimant's rejection on the contractor, subcontractor, supplier, or design professional. The notice must include the basis for the claimant's rejection of the offer of the contractor, subcontractor, supplier, or design professional. After service of the rejection, the claimant may bring an action against the contractor, subcontractor, supplier, or design professional, as appropriate, in the initial notice of claim made pursuant to subsection (A) or (B) without further notice.
(K) If the claimant accepts the offer made pursuant to item (1) of subsection (H) by the contractor, subcontractor, supplier, or design professional to remedy the construction defects, the claimant must serve the contractor, subcontractor, supplier, or design professional with a written notice of acceptance no later than thirty days after receipt of the offer.
(L) If the claimant accepts the offer made pursuant to subsection (H) by a contractor, subcontractor, supplier, or design professional to repair a defect, the claimant must provide the contractor, subcontractor, supplier, or design professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer.
(M) The claimant's failure to allow a reasonable inspection requested by the contractor, subcontractor, supplier, or design professional, or provide a good faith, written response to a contractor, subcontractor, supplier, or design professional's offer is admissible in
(N) The failure of a contractor, subcontractor, supplier, or design professional to respond, in good faith pursuant to subsection (D), to the claimant's initial notice of claim made pursuant to subsection (A) or (B) precludes the contractor, subcontractor, supplier, or design professional from asserting that the claimant did not comply with the provisions of this chapter.
(O) The claimant's written notice made pursuant to subsection (A) tolls the applicable statute of limitations and statute of repose under Title 15, Chapter 3 for one hundred twenty days after the date the contractor, subcontractor, supplier, or design professional receives the notice.
Section 15-47-50. A construction defect which is discovered after the claimant has provided a contractor with the notice of claim pursuant to Section 15-47-40(A) must not be the subject of a civil action until the claimant has given the contractor, subcontractor, supplier, or design professional who performed the original construction:
(1) written notice of the alleged defect pursuant to Section 15-47-40; and
(2) a reasonable opportunity to repair the alleged construction defect in the manner provided for in Section 15-47-40.
Section 15-47-60. (A) A contractor, subcontractor, supplier, or design professional who receives notice of a construction defect pursuant to Section 15-47-40 may present the notice to an insurer that issued a policy of insurance covering all or part of the conduct or business of the contractor, subcontractor, supplier, or design professional.
(B) A notice provided to an insurer pursuant to subsection (A):
(1) constitutes the making of a claim under the policy; and
(2) requires the contractor, subcontractor, supplier, or design professional and the insurer to perform any obligations or duties required by the policy upon the making of a claim.
Section 15-47-70. (A) Upon entering into a contract for sale, construction, or substantial remodel of a dwelling, the contractor, subcontractor, supplier, or design professional must provide notice to the owner of the dwelling of the right of the contractor, subcontractor, supplier, or design professional to offer to cure construction defects before the claimant may commence litigation against the contractor, subcontractor, supplier, or design professional. This notice must be conspicuous and may be included as part of the underlying contract.
(B) The notice required by subsection (A) must be in substantially the following form:
'SOUTH CAROLINA LAW REQUIRES THAT YOU MAY NOT PROCEED WITH A LAWSUIT ALLEGING A DEFECT ARISING OUT OF OR RELATED TO THE DESIGN, CONSTRUCTION, OR CONDITION OF YOUR HOME UNTIL YOU NOTIFY THE CONTRACTOR OF THE ALLEGED DEFECT AND GIVE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO REPAIR THE DEFECT OR COMPENSATE YOU FOR THE DEFECT. TO COMPLY WITH THIS LAW, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE ARE DEFECTIVE. THE NOTICE TO THE CONTRACTOR, AND ALL SUBSEQUENT NOTICES BETWEEN YOU AND THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS MUST BE MADE IN WRITING AND DELIVERED IN PERSON OR MAILED BY CERTIFIED MAIL. AFTER NOTIFYING THE CONTRACTOR OF THE DEFECT, YOU MAY BE REQUIRED TO GIVE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS ACCESS TO YOUR HOME TO INSPECT THE ALLEGED DEFECT. THAT CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, AND DESIGN PROFESSIONALS HAVE 30 DAYS TO RESPOND TO YOUR NOTICE. THE CONTRACTOR IS NOT UNDER ANY OBLIGATION TO REPAIR THE DEFECT AND YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. IF YOU ACCEPT THE CONTRACTOR'S OFFER TO MAKE REPAIRS, YOU ALSO WILL BE REQUIRED TO GIVE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, AND DESIGN PROFESSIONALS REASONABLE ACCESS TO YOUR HOME TO EFFECT THE REPAIRS. THIS IN NO WAY WAIVES YOUR RIGHTS AS PRESCRIBED BY APPLICABLE STATUTES TO PROCEED WITH A LAWSUIT, IF YOU BELIEVE THE ALLEGED DEFECT WAS NOT CORRECTED.'
Section 15-47-80. A contractor who constructs or improves a residential dwelling must, within thirty days after the close of the sale, provide in writing to the initial purchaser of the residence:
(1) the name, license number, business address, and telephone number of each licensed subcontractor, supplier, and design professional who performed any work related to the design or construction of the dwelling; and
(2) a brief description of the work performed by each licensed subcontractor, supplier, and design professional.
Section 15-47-90. Nothing in this chapter applies to actions arising out of claims for personal injury or death, or both."
SECTION 2. Court Administration must develop a designation on the Civil Action Cover Sheet which indicates whether a one hundred twenty-day stay has been granted for a civil action filed pursuant to the S.C. Notice and Opportunity to Cure Construction Defects Act.
SECTION 3. This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date. /
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 with notice of general amendments.
The following were introduced:
S. 666 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE GEORGE M. SMITH OF WEST COLUMBIA UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL AFTER TWENTY-FIVE YEARS OF DEDICATED SERVICE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 667 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE
Read the first time and referred to the Committee on Judiciary.
S. 668 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15 SO AS TO AUTHORIZE A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER TO SECURE DEPOSITS MADE BY THEM IN THE FORM OF A LETTER OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
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Read the first time and referred to the Committee on Judiciary.
S. 669 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 1 OF TITLE 47 OF THE 1976 CODE, BY ADDING SECTION 47-1-220 TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS CONCERNING THE OPERATION OF A PUBLIC OR PRIVATE ANIMAL REFUGE.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 670 (Word version) -- Senators Hutto, Verdin and Waldrep: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 671 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
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Read the first time and referred to the Committee on Medical Affairs.
S. 672 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION CONGRATULATING MICHELLE JEWETT OF CENTERVILLE ELEMENTARY SCHOOL IN THE ANDERSON COUNTY SCHOOL DISTRICT FOR BEING NAMED THE EARTH SCIENCE TEACHER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE UNIVERSITY OF SOUTH CAROLINA CENTER FOR SCIENCE EDUCATION AND EXTENDING
The Concurrent Resolution was adopted, ordered sent to the House.
S. 673 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF THE STATE OF SOUTH CAROLINA IN EXPRESSING THEIR GREAT SADNESS UPON THE DEATH OF FORMER STATE SENATOR ISADORE E. LOURIE AND MEMORIALIZING HIS GOOD WORKS AND HIS GOOD HEART.
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The Concurrent Resolution was adopted, ordered sent to the House.
H. 3079 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2001 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO PROPERTY TAXES ON WATERCRAFT AND MOTORS AND APPLICABLE ONLY FOR LEXINGTON COUNTY WITH SIMILAR PROVISIONS.
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Read the first time and referred to the Committee on Finance.
H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
Read the first time and referred to the Committee on Judiciary.
H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.
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Read the first time and referred to the Committee on Judiciary.
H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
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Read the first time and referred to the Committee on Education.
H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE
Read the first time and referred to the Committee on Judiciary.
H. 3705 (Word version) -- Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Rice, Rivers, Simrill, J. R. Smith, Hamilton, W. D. Smith, Snow, Stille, Tripp and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Finance.
H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE
Read the first time and referred to the Committee on Transportation.
H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.
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Read the first time and referred to the Committee on Judiciary.
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES
Read the first time and referred to the Committee on Judiciary.
H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Mahaffey, Cobb-Hunter, McCraw, J. H. Neal, Perry, Mack, Quinn, Howard, Rhoad, Rutherford, Rice, Lourie, Sandifer, Neilson, Skelton, Miller, D. C. Smith, Bowers, J. E. Smith, Ott, J. R. Smith, Owens, W. D. Smith, Whipper, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION 59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER
Read the first time and referred to the Committee on Finance.
H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Mahaffey, Cobb-Hunter, Perry, E. H. Pitts, M. A. Pitts, Mack, Richardson, J. H. Neal, Sandifer, Howard, Simrill, Bales, Skelton, Neilson, J. R. Smith, Owens, Snow, Talley, Trotter, Bailey, Umphlett, White, Whitmire, Thompson, Witherspoon, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE
Read the first time and referred to the Committee on Finance.
H. 4006 (Word version) -- Reps. Harrell, Limehouse, Scarborough, Altman, Hagood, Merrill, Breeland, Whipper, R. Brown, Young, Hinson, Miller and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-425 SO AS TO PROVIDE THAT TRIDENT TECHNICAL COLLEGE IS AUTHORIZED TO ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS PROGRAM SHALL BE PROVIDED.
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Read the first time and referred to the Committee on Education.
H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
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Read the first time and referred to the Committee on Finance.
H. 4072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DEWITT MIZE, OCONEE COUNTY FIRE MARSHAL, FOR HIS DISTINGUISHED CAREER OF PUBLIC SERVICE UPON HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered returned to the House.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
Ordered for consideration tomorrow.
On motion of Senator HUTTO, S. 356 was ordered to receive a second reading with notice of general amendments on the next legislative day.
Senator GLOVER from the Committee on Judiciary submitted a favorable report on:
S. 424 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED; AND TO REPEAL SECTION 23-1-235 RELATING TO THE COLLECTION
Ordered for consideration tomorrow.
Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:
S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.
Ordered for consideration tomorrow.
S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.
The House returned the Bill with amendments.
On motion of Senator JACKSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE
The House returned the Bill with amendments.
On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
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 PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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
The following House Bills were read the third time and ordered returned to the House with amendments:
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.
H. 3303 (Word version) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310(E) OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.
Senator ALEXANDER desired to be recorded as voting against the third reading of the Bill.
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, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.
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 (JUD3722.001), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 29, in Section 30-4-40(a)(18), as contained in SECTION 2, by striking lines 29 through 31 and inserting therein the following:
/ "(18) Photographs, or videos and other visual images, and audio recordings of and incidental related to the performance of an autopsy, except that the photographs, or videos, images, or recordings may be viewed and used by: the persons /
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 third time and ordered returned to the House of Representatives with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
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
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.
S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by Senator FAIR and previously printed in the Journal of April 9, 2003.
Senator FAIR proposed the following amendment (GGS\22033HTC03), which was withdrawn:
/ SECTION 1. Section 59-18-700 of the 1976 Code, as added by Act 400 of 1998, is amended to read:
"Section 59-18-700. (A) The criteria governing the adoption of All instructional materials shall be revised by the State Board of Education to require that placed on the approved list of instructional materials and textbooks for use in the public schools of this State pursuant to State Board of Education regulations the content of such materials reflect shall contain the substance and level of performance outlined in the
(B) The following must be placed in all science books published for kindergarten through twelfth grade:
'The cause or causes of life are not scientifically verifiable. Therefore, empirical science cannot provide data about the beginning of life.' " /
Amend title to conform.
Senator FAIR asked unanimous consent to withdraw the previously proposed amendment.
There was no objection.
The amendment was withdrawn.
Senator FAIR proposed the following amendment (BBM\9774SL03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Article 7, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-705. (A) There is created the South Carolina Science Standards Committee. The committee shall consist of nineteen members. The membership of the committee must be as follows:
(1) two at-large members appointed by the Governor;
(2) two at-large members appointed by the Speaker of the House of Representatives;
(3) two at-large members appointed by the President Pro Tempore of the Senate;
(4) two at-large members appointed by the State Board of Education;
(5) the State Superintendent of Education to serve ex-officio;
(6) four at-large members appointed by the State Commission on Higher Education;
(7) two at-large members appointed by the Chairman of the South Carolina Education Oversight Committee;
(8) two scientists in the private sector appointed by the State Chamber of Commerce; and
(9) two physicians appointed by the State Medical Association.
(B) The South Carolina Science Standards Committee shall:
(1) study science standards regarding the teaching of the origin of species;
(2) determine whether there is a consensus on the definition of science;
(3) determine whether alternatives to evolution as the origin of species should be offered in schools.
(C) The South Carolina Science Standards Committee shall report its findings to the General Assembly by February 15, 2004, at which time the committee must be dissolved.
(D) The members of the committee are not allowed mileage, per diem, and subsistence. /
Amend title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
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.
Senator KUHN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ALEXANDER proposed the following amendment (JUD0458.004), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 16-3-1040 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication, or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities. It is unlawful for a person knowingly and wilfully to deliver or convey a threat to another person to take the life of or to inflict bodily harm upon a public official, teacher, or principal, or members of his immediate family if the subject of the threat is in imminent danger from the person making the threat and the person making the threat has the apparent present ability to carry out the threat.
(B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication, or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities. It is unlawful for a person knowingly and wilfully to deliver or convey a threat to another person to take the life of or to inflict bodily harm upon a public employee or members of his immediate family if the subject of the threat is in imminent danger and the person making the threat has the apparent present ability to carry out the threat.
(C) A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) For purposes of this section:
(1) 'Public official' means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(2) 'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.
(3) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee." /
Renumber sections to conform.
Amend title to conform.
Senator KUHN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
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 DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator WALDREP proposed the following amendment (487R001.RLW), which was adopted:
Amend the bill, as and if amended, page 5, SECTION 4, lines 12-37, by striking SECTION 44-56-430(A) and inserting:
/ "Section 44-56-430. (A) If the State Treasurer determines that the fund is insolvent, an environmental surcharge equal to 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 dry cleaning 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 reasonable and supported by the books and records of both taxpayers. The surcharge is imposed for a minimum of one year. and is suspended when the State Treasurer determines that the fund is solvent the one-half percent surcharge must be suspended. However, if the one-half percent surcharge is not sufficient to rectify the insolvency, the State Treasurer may request the General Assembly to increase the surcharge up to an additional one percent, which the General Assembly may approve. /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
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 SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
Senator RITCHIE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RITCHIE proposed the following amendment (JUD0491.005), which was adopted:
Amend the bill, as and if amended, page 1, Section 16-3-1700, as contained in SECTION 1, by striking line 42 in it entirety and inserting therein the following:
HARASSMENT AND STALKING
Section 16-3-1700. As used in this article: /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
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 take the Bill up for immediate consideration.
There was no objection.
On motion of Senator J. VERNE SMITH, with unanimous consent, S. 588 was ordered to receive a third reading on Wednesday, April 30, 2003.
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.
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 STATE, TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED AND TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE THAT THE REVENUE MUST BE USED SOLELY FOR THE PROMOTION AND IMPROVEMENT OF THE HORSE INDUSTRY IN THIS STATE AND TO PROVIDE THOSE ACTIVITIES FOR WHICH THE REVENUE MAY BE EXPENDED.
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 Resource Committee proposed the following amendment (NBD\11646AC03), which was adopted:
Amend the bill, as and if amended, by deleting Sections 2 and 3 of the bill in their entirety and inserting:
/SECTION 2. Title 46 of the 1976 Code is amended by adding:
Equine Industry Promotion Act
Section 46-53-10. This chapter may be cited as the 'Equine Industry Promotion Act'.
Section 46-53-20. As used in this chapter:
(1) 'Board' means the Equine Industry Promotion Board established pursuant to Section 46-53-30.
(2) 'Commercial horse feed' means a commercial feed, as defined in Section 46-27-20 and labeled for equine purposes.
(3) 'Commissioner' means the Commissioner of the Department of Agriculture.
(4) 'Department' means the South Carolina Department of Agriculture established pursuant to Chapter 3.
(5) 'Equine' means a horse, pony, mule, donkey, or hinny.
Section 46-53-30. (A) There is established under the auspices of the Department of Agriculture the Equine Industry Promotion Board to be composed of nine members appointed by the Commissioner of Agriculture, five of whom must be appointed from nominations submitted by the South Carolina Horsemen's Council, one of whom must be a representative of the department, one of whom must be the President of the South Carolina Horsemen's Council, one of whom must be a representative of the Equine Committee of the South Carolina Farm Bureau, and one of whom must be a representative of Clemson's 4-H Youth Program. The Equine Marketing Specialist within the department shall serve as an advisory member. In making these appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination and to ensure, to the greatest extent possible, inclusion and representation of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or the basis for a grievance by a person appointed or by a person who fails to be appointed. Members shall serve terms of four years and until their successors are appointed. Vacancies must be filled in the manner of the original appointment. The board shall elect a chairman from among its members. The board shall meet at least quarterly or upon the call of the chair. Members of the board are not entitled to compensation but shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions from funds in the Equine Industry Promotion Fund, as established in Section 46-53-50.
Section 46-53-40. There is imposed an assessment equal to two dollars a ton on all commercial feed labeled for equine use sold in this State. The fee must be paid by those required to register a commercial feed pursuant to Section 46-27-210, and those individuals and entities must be issued a manufacturer's receipt for payment of the fee before supplying the feed to retailers. The assessment is due and payable to the Equine Industry Promotion Board in quarterly installments due and payable on the fifteenth day of the month following the end of the calendar quarter, for the preceding quarter. The board shall prescribe the forms necessary for reporting and paying this assessment. For
Section 46-53-50. (A) The revenues of the assessment imposed pursuant to this chapter must be credited to a fund in the State Treasury separate and distinct from the general fund and all other funds, entitled the 'Equine Industry Promotion Fund' which must be used by the board, with the approval of the commissioner, for the sole purpose of promoting the equine industry in this State, including administrative expenses associated with this purpose.
(B) Promotion of the equine industry in this State includes, but is not limited to:
(1) development and production of an equine census essential to the promotion and marketing of the South Carolina equine industry;
(2) the production of marketing, informational, and educational materials and programs;
(3) encouraging development and growth of the equine industry through attraction of new owners, relocation of out-of-state equine operations, and expansion of new and existing equine-related agribusiness;
(4) encouraging research that would help the development of the equine industry;
(5) improving interaction with state and local governmental agencies and any national agencies considered necessary for the improvement of the South Carolina equine industry; and
(6) enhancing the general public's image and knowledge of the South Carolina equine industry.
Section 43-53-60. The State Auditor may conduct annual audits of the Horse Industry Promotion Fund, and the manner in which the assessments are imposed and expended to ensure that the funds are collected and utilized as required by this chapter."
SECTION 3. The South Carolina Horsemen's Council is requested and encouraged to survey its members regarding the imposition, pursuant to Chapter 53, Title 46 of the 1976 Code, of the assessment on all commercial feed labeled for equine use, which will be utilized for the promotion of the horse industry in this State. The results of this survey must be reported to the Equine Industry Promotion Board, the Governor, the General Assembly, the Commissioner of Agriculture, and other public officials having interests in the South Carolina horse industry, as determined by the South Carolina Horsemen's Council.
SECTION 4. Of the initial appointees to the Equine Industry Promotion Board created pursuant to Section 46-53-30 of the 1976
SECTION 5. This act takes effect upon approval by the Governor./
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.
On motion of Senator WALDREP, with unanimous consent, S. 460 was ordered to receive a third reading on Wednesday, April 30, 2003.
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.
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 (JUD0466.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 48, Title 44 of the 1976 Code is amended to read:
"Section 44-48-10. This chapter is known and may be cited as the "Sexually Violent Predator Act".
Section 44-48-20. The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators
Section 44-48-30. For purposes of this chapter:
(1) 'Sexually violent predator' means a person who:
(a) has been convicted of a sexually violent offense; and
(b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
(2) 'Sexually violent offense' means:
(a) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(f) engaging a child for a sexual performance, as provided in Section 16-3-810;
(g) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(h) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(i) incest, as provided in Section 16-15-20;
(j) buggery, as provided in Section 16-15-120;
(k) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(l) violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
(m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n) attempt to commit an offense enumerated in this item as provided by Section 16-1-80; or
(o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
(3) 'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
(4) 'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.
(5) 'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
(6) 'Convicted of a sexually violent offense' means a person has:
(a) pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;
(b) been adjudicated delinquent as a result of the commission of a sexually violent offense;
(c) been charged but determined to be incompetent to stand trial for a sexually violent offense;
(d) been found not guilty by reason of insanity of a sexually violent offense; or
(e) been found guilty but mentally ill of a sexually violent offense.
(7) 'Court' means the court of common pleas.
(8) 'Total confinement' means incarceration in a secure state or local correctional facility, and does not mean any type of community supervision.
(9) 'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(10) 'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.
(11) 'Victim' means an individual who suffers or has suffered direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a sexually violent offense. 'Victim' also includes an intervenor or the individual's spouse, parent, child, or the lawful representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include an individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual who was imprisoned or engaged in an unlawful act at the time of the offense.
(12) 'Intervenor' means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime.
Section 44-48-40. (A) When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least ninety days before:
(1) the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B) When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall is be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(C) The agency with jurisdiction shall must inform the multidisciplinary team, the victim, and the Attorney General of:
(1) the person's name, identifying factors, anticipated future residence, and offense history; and
(2) documentation of institutional adjustment and any treatment received.
(D) The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.
Section 44-48-50. The Director of the Department of Corrections shall must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the
(1) a representative from the Department of Corrections;
(2) a representative from the Department of Probation, Parole, and Pardon Services;
(3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
(5) the Chief Attorney of the Office of Appellate Defense or his designee an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.
The Director of the Department of Corrections or his designee appointed pursuant to subsection (1) shall be the chairman of the team.
Section 44-48-60. The Attorney General shall must appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall must determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall must make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall must include, but is not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall must also consider information provided by the circuit solicitor who prosecuted the person.
Section 44-48-70. When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause
Section 44-48-80. (A) Upon filing of a petition, the court shall must determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.
(B) Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court shall must:
(1) verify the detainee's identity;
(2) receive evidence and hear argument arguments from the person and the Attorney General; and
(3) determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(C) At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:
(1) to be represented by counsel;
(2) to present evidence on the person's behalf;
(3) to cross-examine witnesses who testify against the person; and
(4) to view and copy all petitions and reports in the court file.
(D) If the probable cause determination is made, the court shall must direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing.
Section 44-48-90. Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall must conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall must schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. The Attorney General must notify the victim, in a timely manner, of the time, date, and location of the trial. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall must appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall must assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.
Section 44-48-100. (A) The court or jury shall must determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's
(B) If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall must make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of
Section 44-48-110. A person committed pursuant to this chapter shall must have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall must have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall must conduct an annual hearing to review the status of the committed person. The committed person shall is not be prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health shall must provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall must contain a waiver of rights. The director shall must forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall must schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General must notify the victim of all proceedings. The Attorney General shall must represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall must appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a
Section 44-48-120. If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall must authorize the person to petition the court for release. The petition shall must be served upon the court and the Attorney General. The Attorney General must notify the victim of the proceeding. The court, upon receipt of the petition for release, shall must order a hearing within thirty days. The Attorney General shall must represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.
Section 44-48-130. Nothing in this chapter shall prohibit prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large continued to be a threat and, if released, would commit acts of sexual violence, then the court shall must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall must deny the petition without a hearing.
Section 44-48-140. In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.
Section 44-48-150. Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court.
Section 44-48-160. A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.
Section 44-48-170. The involuntary detention or commitment of a person pursuant to this chapter shall must conform to constitutional requirements for care and treatment."
SECTION 2. This act takes effect upon approval by the Governor./
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.
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
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senate Finance Committee proposed the following amendment (GJK\20497HTC03), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. (A) This section may be cited as the South Carolina Life Sciences Act.
(B) For purposes of this section, a "life sciences facility" means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial
(1) 3254 Pharmaceutical and Medical Manufacturing;
(2) 334516 Analytical Laboratory Instrument Manufacturing.
(C)(1) For all purposes of Chapter 10, Title 12 of the 1976 Code, the Enterprise Zone Act of 1995, including all definitions applicable to that chapter:
(a) Employee relocation expenses that qualify for reimbursement pursuant to Section 12-10-80(C)(3)(f) of the 1976 Code include such expenses associated with a new or expanded life sciences facility investing a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8) of the 1976 Code, and creating at least two hundred new full-time jobs at the project with an average annual cash compensation of at least one hundred fifty percent of annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled.
(b) The waiver that may be approved by the Coordinating Council for Economic Development pursuant to Section 12-10-80(D)(2) of the 1976 Code on maximum job development credits that may be claimed also may be approved for a life sciences facility meeting the requirements of subitem (a) of this subsection. In determining whether to approve a waiver for such a facility, the Coordinating Council for Economic Development shall consider the creditworthiness of the business and economic viability of the project, as defined in Section 12-10-30(8) of the 1976 Code.
(2) The provisions of item (1) of this subsection apply with respect to capital investment made and new jobs created after June 30, 2004, and before July 1, 2008.
(D) In the case of a taxpayer establishing a life sciences facility meeting the requirements of subsection (C)(1)(a) of this section, the South Carolina Department of Revenue, in its discretion, may enter into an agreement with the taxpayer pursuant to Section 12-6-2320 of the 1976 Code for a period not to exceed fifteen years if the facility otherwise meets the requirements of that section.
SECTION 2. A. Section 12-37-930 34 of the 1976 Code, as last amended by Section 3(Q)2, Act 399 of 2000, is further amended to read:
"34. Use of Clean Rooms ......................................... 10% 15%
A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten fifteen percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment energy control systems, ultra pure water processing and wastewater recycling systems, and safety alarm and monitoring systems.
35. Life sciences.................................................. 20%
Includes machinery and equipment used directly in the manufacturing process by a life sciences facility. For purposes of this item, life sciences facility means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development that invests a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8), and creates at least two hundred new full-time jobs at the project with an average cash compensation level of at least one hundred and fifty percent of the annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:
(i) 3254 Pharmaceutical and Medical Manufacturing;
(ii) 334516 Analytical Laboratory Instrument Manufacturing."
B. In the case of machinery and equipment otherwise eligible for the depreciation allowed pursuant to Section 12-37-930 of the 1976 Code, as amended in subsection A of this section, if the project with which the machinery and equipment is associated is the subject of an inducement agreement between the project sponsor and the county, the initial inducement agreement must have been entered into between these parties after September 1, 2003. /
Amend further, as and if amended, page 6, by striking SECTION 4 and inserting:
/SECTION 4. Beginning January 1, 2005, the Department of Revenue annually shall report to the Joint Committee on Taxation the revenue impact of this act, and the Department of Commerce annually shall report the cost and benefit of this act, together with the job creation and capital investment made by qualifying businesses.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
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 ALEXANDER, with unanimous consent, S. 560 was ordered to receive a third reading on Wednesday, April 30, 2003.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
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".
The Concurrent Resolution was adopted, ordered sent to the House.
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, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine,
The Concurrent Resolution was adopted, ordered returned to the House.
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
On motion of Senator MARTIN, the Bill was carried over.
At 12:43 P.M., on motion of Senator McCONNELL, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:09 P.M. and was called to order by the PRESIDENT.
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.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator McCONNELL, with unanimous consent, a packet of information was made available to the members that included
Senator JACKSON raised a Point of Order under Rule 39 that inasmuch as the Bill had not been on the desks of the members at least one day, the Bill could not receive a second reading.
The PRESIDENT sustained the Point of Order.
Senators McCONNELL, ALEXANDER, ANDERSON, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, GIESE, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, KNOTTS, KUHN, LEATHERMAN, MALLOY, MARTIN, McGILL, MESCHER, MOORE, O'DELL, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP proposed the following Amendment No. 1 (JUD0591.004):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 2-1-75. Commencing with the 2004 General Election, one member of the Senate must be elected from each of the following districts:
DISTRICT 1
Area Population
Oconee County 66,215
Pickens County
VTD 25 835
VTD 36 976
VTD 45 8,888
VTD 46 3,012
VTD 47 2,664
VTD 48 2,486
VTD 49 1,638
DISTRICT TOTAL 86,714
PERCENT VARIATION -0.578
DISTRICT 2
Area Population
Pickens County
VTD 1 155
VTD 10 1,458
VTD 11 657
VTD 12 2,730
VTD 13 3,084
VTD 14 1,037
VTD 15 1,574
VTD 16 3,308
VTD 17 3,498
VTD 18 1,349
VTD 19 2,425
VTD 2 2,264
VTD 20 2,022
VTD 21 896
VTD 22 2,906
VTD 23 2,484
VTD 24 3,966
VTD 26 2,490
VTD 27 3,707
VTD 28 1,575
VTD 29 3,611
VTD 3 936
VTD 30 2,234
VTD 31 1,441
VTD 32 902
VTD 33 2,348
VTD 34 1,341
VTD 35 2,311
VTD 37 3,516
VTD 38 1,837
VTD 39 2,684
VTD 4 1,051
VTD 40 3,135
DISTRICT TOTAL 90,258
PERCENT VARIATION 3.486
DISTRICT 3
Area Population
Anderson County
VTD 1 5,265
VTD 10 822
VTD 11 3,382
VTD 14 3,858
VTD 15 458
VTD 16 1,102
VTD 17 4,016
VTD 18 346
VTD 2 3,561
VTD 21 2,427
VTD 22 1,210
VTD 23 1,572
VTD 24 4,752
VTD 25 870
VTD 28 901
VTD 29 1,112
VTD 3 4,944
VTD 30 4,454
VTD 31 3,722
VTD 32 2,632
VTD 33 1,869
VTD 34 2,508
DISTRICT TOTAL 90,111
PERCENT VARIATION 3.317
DISTRICT 4
Area Population
Abbeville County
VTD 1 957
VTD 2 1,292
VTD 4 870
Anderson County
VTD 12 2,814
VTD 13 1,461
VTD 19 5,091
VTD 20 3,095
VTD 26 2,133
VTD 27 909
VTD 4 2,741
VTD 45 1,449
VTD 48 1,605
VTD 49 1,804
DISTRICT TOTAL 87,600
PERCENT VARIATION 0.438
DISTRICT 05
Area Population
Greenville County
VTD 1 192
VTD 10
Tract 0037.01
Blocks: 1000 31
Tract 0039.03
Blocks: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2029, 3013, 3014, 3015, 3016, 3017, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3999 1,906
Tract 0039.04
Blocks: 3007, 3008, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 4012, 4015, 4016, 4017, 4018, 4020, 4021, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037 626
VTD 11
Tract 0027.01
Blocks: 1008, 1009, 1010, 1011, 1019, 1020, 1021 164
Tract 0039.02
Blocks: 1025, 1026, 1027, 1028, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1052, 1053, 1054, 1055, 1056, 1069, 1070, 1071, 1072 1,049
Tract 0039.04
Blocks: 1004, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,
DISTRICT TOTAL 87,610
PERCENT VARIATION 0.449
DISTRICT 06
Area Population
Greenville County
VTD 10
Tract 0039.03
Blocks: 2028 0
VTD 100
Tract 0016.00
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,
DISTRICT TOTAL 90,539
PERCENT VARIATION 3.808
Area Population
Greenville County
VTD 100
Tract 0023.04
Blocks: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2017, 2019, 2021, 2022, 2023 757
VTD 106
Tract 0023.04
Blocks: 2024, 2025, 2026, 2027, 2028 622
VTD 107
Tract 0023.04
Blocks: 2018 0
VTD 115
Tract 0023.03
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1047, 1051, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040 944
Tract 0023.04
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038 1,017
VTD 122
Tract 0021.04
Blocks: 1000, 1001, 1006 52
Tract 0022.01
Blocks: 2014, 2015, 2016, 2018, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2034, 2035 424
DISTRICT TOTAL 83,368
PERCENT VARIATION -4.414
Area Population
Greenville County
VTD 125
Tract 0018.02
Blocks: 3016, 3017, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3073 1,443
Tract 0018.06
Blocks: 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1048, 1049, 1050, 1051, 1052, 1999 702
VTD 126 3,283
VTD 127 1,305
VTD 128 2,666
VTD 129
Tract 0028.03
Blocks: 1004, 1005, 1006, 1007, 1008 563
VTD 130 1,433
VTD 135 2,364
VTD 136 4,052
VTD 139
Tract 0021.03
Blocks: 3010, 3013, 3014, 3015, 3016, 3017 0
VTD 140
Tract 0015.01
Blocks: 2009 0
Tract 0021.03
Blocks: 3011, 3012, 3018, 3019 0
VTD 142
Tract 0014.00
Blocks: 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1028 971
Tract 0015.02
Blocks: 1003, 2000, 2001, 2002 105
DISTRICT TOTAL 88,591
PERCENT VARIATION 1.574
Area Population
Greenville County
VTD 33
Tract 0033.01
Blocks: 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039 3,329
Tract 0035.00
Blocks: 1035, 1036, 1038 8
VTD 34
Tract 0033.01
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1028 1,273
Tract 0035.00
Blocks: 1037 5
VTD 46
Tract 0030.07
Blocks: 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 2004 2,856
VTD 48
Tract 0032.00
Blocks: 1026 28
DISTRICT TOTAL 90,432
PERCENT VARIATION 3.685
DISTRICT 10
Area Population
Abbeville County
VTD 10 2,904
VTD 11 402
VTD 12 660
VTD 13 2,454
DISTRICT TOTAL 83,006
PERCENT VARIATION -4.829
DISTRICT 11
Area Population
Spartanburg County
VTD 10 3,720
VTD 11 11,984
VTD 13 3,480
VTD 16 11,128
VTD 2 3,913
VTD 21 2,985
VTD 3 4,268
VTD 30 1,410
VTD 31 1,507
VTD 32 1,551
VTD 37 2,857
VTD 38 1,620
VTD 39 3,645
VTD 4 777
VTD 40 2,027
VTD 43 3,204
VTD 44 1,291
VTD 45 1,936
VTD 47 2,872
VTD 48 985
VTD 49 2,611
VTD 50 1,110
DISTRICT TOTAL 90,822
PERCENT VARIATION 4.132
DISTRICT 12
Area Population
Spartanburg County
VTD 1 4,298
VTD 14 3,481
VTD 15 3,520
VTD 19 3,737
VTD 20 2,360
VTD 26 3,921
VTD 27 3,769
VTD 28 853
VTD 29 4,388
VTD 36 448
VTD 5 3,417
VTD 62 3,807
VTD 63 1,401
VTD 64 5,444
VTD 65 1,033
VTD 66 3,699
VTD 67 8,284
VTD 68 1,395
VTD 69 5,665
VTD 7 1,248
VTD 70 4,221
VTD 71 5,823
VTD 72 1,882
DISTRICT TOTAL 87,863
PERCENT VARIATION 0.740
DISTRICT 13
Area Population
Greenville County
VTD 41
Tract 0028.10
Blocks: 2000, 2001, 2002, 2005, 2006, 2007 458
Tract 0030.03
Blocks: 2000, 2001, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012 1,746
VTD 42
Tract 0028.10
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3999, 4002, 4003, 4004, 4005, 4006, 4011, 4013 2,212
Tract 0030.03
Blocks: 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1014 611
VTD 43
Tract 0030.03
Blocks: 1000, 1001, 1012, 1013, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1999, 3026, 3028 1,077
Spartanburg County
VTD 12 4,722
VTD 17 4,300
PERCENT VARIATION -3.541
DISTRICT 14
Area Population
Cherokee County 52,537
Spartanburg County
VTD 18 5,106
Union County
VTD 10 502
VTD 11 592
VTD 12 507
VTD 16 1,555
VTD 17 1,431
VTD 23 1,056
VTD 24 957
VTD 25 425
VTD 26 623
VTD 30 394
VTD 31 248
VTD 4 742
VTD 8 634
VTD 9 281
York County
VTD 1 471
VTD 10 722
VTD 11 597
VTD 12 295
VTD 2 2,337
VTD 29 852
VTD 3 2,421
VTD 30 806
VTD 4 3,396
VTD 45 161
VTD 46 286
VTD 5 3,517
DISTRICT TOTAL 91,171
PERCENT VARIATION 4.532
DISTRICT 15
Area Population
York County
VTD 13 479
VTD 14 1,978
VTD 15 2,359
VTD 16 2,223
VTD 17 3,741
VTD 18 2,512
VTD 19 1,858
VTD 20 1,983
VTD 25 3,405
VTD 31 1,070
VTD 32 1,785
VTD 33 2,947
VTD 34 1,321
VTD 35 2,570
VTD 36 4,316
VTD 37 4,522
VTD 38 990
VTD 39 3,180
VTD 40 2,448
VTD 41 3,973
VTD 42 3,988
VTD 43 1,165
VTD 47 1,123
VTD 48 1,046
VTD 49 1,502
VTD 51 1,597
VTD 52 3,012
VTD 53 2,812
DISTRICT TOTAL 91,520
PERCENT VARIATION 4.932
DISTRICT 16
Area Population
Lancaster County
VTD 1 3,836
VTD 10 1,863
VTD 11 3,074
VTD 12 1,116
VTD 13 1,973
VTD 14 1,012
VTD 15 4,838
VTD 16 2,206
VTD 17 2,697
VTD 18 1,202
VTD 19 386
VTD 2 1,983
VTD 20 580
VTD 21 2,768
VTD 22 2,932
VTD 23 2,217
VTD 24 1,470
VTD 25 1,681
VTD 26 327
VTD 27 441
VTD 3 1,235
VTD 4 2,158
DISTRICT TOTAL 84,401
PERCENT VARIATION -3.230
DISTRICT 17
Area Population
Chester County 34,068
Fairfield County 23,454
Union County
VTD 19 686
VTD 20 245
VTD 21 173
VTD 22 956
VTD 27 844
VTD 28 647
VTD 29 149
VTD 32 479
VTD 33 850
VTD 34 864
DISTRICT TOTAL 87,072
PERCENT VARIATION -0.167
DISTRICT 18
Area Population
Lexington County
VTD 1 2,665
VTD 10 2,692
VTD 11 2,494
VTD 12 2,833
VTD 17 4,129
VTD 2 3,368
VTD 24 4,804
VTD 3 3,296
VTD 4 2,720
VTD 5 5,265
VTD 9 2,680
Newberry County 36,108
Saluda County
VTD 1 318
VTD 12 345
DISTRICT TOTAL 83,103
PERCENT VARIATION -4.718
DISTRICT 19
Area Population
Richland County
VTD 10 9,169
VTD 11 3,433
VTD 12 3,099
VTD 14 3,310
VTD 15 3,122
VTD 16 2,022
VTD 18 3,487
VTD 19 2,447
VTD 22 1,419
VTD 23 4,342
VTD 31 4,784
VTD 32 3,401
VTD 33 3,512
VTD 34 1,263
VTD 35 4,616
VTD 36 5,718
DISTRICT TOTAL 91,131
PERCENT VARIATION 4.486
DISTRICT 20
Area Population
Lexington County
VTD 13 2,893
VTD 14 2,440
VTD 15 2,653
VTD 16 3,046
VTD 19 947
VTD 20 4,825
VTD 21 2,451
VTD 6 2,843
Richland County
VTD 1 3,978
VTD 100 2,306
VTD 101 1,834
VTD 102 1,997
VTD 104 2,710
VTD 105 2,590
VTD 107 2,962
VTD 108 2,598
VTD 110 2,107
DISTRICT TOTAL 88,012
PERCENT VARIATION 0.910
DISTRICT 21
Area Population
Richland County
VTD 103 1,959
VTD 106 2,219
VTD 109 1,959
VTD 114 4,026
VTD 115 4,120
VTD 116 2,033
VTD 117 3,296
VTD 118 2,145
VTD 119 3,994
VTD 120 1,678
VTD 121 744
VTD 122 3,582
VTD 123 1,285
VTD 124 1,470
VTD 125 3,984
VTD 126 2,720
DISTRICT TOTAL 90,959
PERCENT VARIATION 4.289
Area Population
Kershaw County
VTD 14 2,072
VTD 16 3,756
VTD 20 1,658
VTD 21 3,532
VTD 30 1,634
VTD 31 5,279
Richland County
VTD 20 2,735
VTD 21 2,952
VTD 24 6,046
VTD 25 4,909
VTD 26 2,155
VTD 27 3,959
VTD 28 3,333
VTD 29 4,287
VTD 30 2,957
VTD 37 3,085
VTD 38 5,029
VTD 39 2,547
VTD 56 5,272
VTD 57 4,840
VTD 59 1,176
VTD 60 2,318
VTD 61 1,410
VTD 62 1,829
VTD 80 1,942
VTD 81 1,541
VTD 82 3,042
VTD 83 2,049
VTD 84 2,145
VTD 85 1,115
DISTRICT TOTAL 90,604
PERCENT VARIATION 3.882
Area Population
Lexington County
VTD 18 1,405
VTD 22 804
VTD 23 2,042
VTD 28 3,385
VTD 29 1,623
VTD 30 2,622
VTD 31 2,245
VTD 32 2,366
VTD 33 3,539
VTD 34 6,804
VTD 35 3,960
VTD 44 3,976
VTD 45 3,985
VTD 46 4,709
VTD 47 3,954
VTD 48 4,193
VTD 49 3,947
VTD 57 4,886
VTD 58 2,958
VTD 59 4,541
VTD 62 1,977
VTD 63 2,000
VTD 64 2,922
VTD 65 5,609
VTD 7 1,456
VTD 8 1,900
DISTRICT TOTAL 83,808
PERCENT VARIATION -3.910
Area Population
Aiken County
VTD 14 1,303
VTD 15 839
VTD 16 432
VTD 24 2,177
VTD 27 2,019
VTD 28 2,185
VTD 29 1,553
VTD 30 3,476
VTD 31 1,927
VTD 35 1,569
VTD 36 2,783
VTD 39 1,810
VTD 4 533
VTD 41 3,561
VTD 42 2,582
VTD 44 2,215
VTD 45 1,281
VTD 46 1,834
VTD 47 1,364
VTD 48 3,333
VTD 49 3,087
VTD 5 880
VTD 50 2,121
VTD 51 1,883
VTD 52 2,142
VTD 60 2,920
VTD 61 3,257
VTD 62 2,201
VTD 63 5,269
VTD 64 3,846
VTD 65 1,909
VTD 66 2,657
VTD 67 3,096
VTD 68 1,953
VTD 69 4,006
VTD 7 947
DISTRICT TOTAL 86,922
PERCENT VARIATION -0.339
DISTRICT 25
Area Population
Aiken County
VTD 13 1,418
VTD 19 2,451
VTD 2 1,191
VTD 20 1,047
VTD 21 2,773
VTD 22 2,112
VTD 23 2,749
VTD 25 2,286
VTD 26 2,930
VTD 3 902
VTD 32 2,500
VTD 33 2,684
VTD 34 2,423
VTD 37 1,842
VTD 38 1,262
VTD 40 2,095
VTD 53 2,162
VTD 54 2,445
VTD 55 1,477
VTD 56 1,698
VTD 57 1,574
VTD 58 2,894
VTD 59 1,520
DISTRICT TOTAL 89,220
PERCENT VARIATION 2.295
DISTRICT 26
Area Population
Aiken County
VTD 1 1,781
VTD 10 1,242
VTD 11 1,672
VTD 12 1,264
VTD 17 535
VTD 18 1,024
VTD 43 1,106
Lexington County
VTD 25 2,620
VTD 26 1,985
VTD 27 3,199
VTD 36 2,538
VTD 37 3,357
VTD 38 3,917
VTD 39 3,590
VTD 40 1,809
DISTRICT TOTAL 83,257
PERCENT VARIATION -4.541
DISTRICT 27
Area Population
Chesterfield County
VTD 1 458
VTD 10 5,797
VTD 11 1,519
VTD 12 1,433
VTD 13 238
VTD 14 887
DISTRICT TOTAL 84,815
PERCENT VARIATION -2.755
DISTRICT 28
Area Population
Dillon County
VTD 10 594
VTD 11 329
VTD 12 1,507
VTD 13 1,611
VTD 14 634
VTD 18 473
VTD 19 838
VTD 20 732
VTD 6 2,122
VTD 7 865
VTD 8 391
VTD 9 3,457
Horry County
VTD 101 1,341
VTD 102 756
DISTRICT TOTAL 84,307
PERCENT VARIATION -3.338
DISTRICT 29
Area Population
Chesterfield County
VTD 5 1,490
Darlington County
VTD 1 1,955
VTD 10 2,596
VTD 11 3,486
VTD 12 1,204
VTD 13 1,026
VTD 14 1,165
VTD 15 1,468
VTD 16 1,502
VTD 17 1,315
DISTRICT TOTAL 83,317
PERCENT VARIATION -4.473
DISTRICT 30
Area Population
Dillon County
VTD 1 2,686
VTD 15 1,103
VTD 16 340
VTD 17 1,364
VTD 2 3,806
VTD 3 3,342
VTD 4 3,821
VTD 5 707
Florence County
VTD 13 2,241
VTD 14 2,778
VTD 15 2,400
VTD 2 1,115
VTD 35 3,855
VTD 4 2,355
VTD 47 1,237
VTD 49 1,051
VTD 54 1,401
VTD 55 3,720
VTD 56 1,052
VTD 57 2,517
VTD 58 890
DISTRICT TOTAL 89,859
DISTRICT 31
Area Population
Darlington County
VTD 19 1,986
VTD 20 3,268
VTD 28 3,060
Florence County
VTD 1 1,217
VTD 10 1,815
VTD 11 2,431
VTD 12 1,578
VTD 16 1,137
VTD 17 1,724
VTD 18 1,054
VTD 19 2,663
VTD 20 2,325
VTD 22 845
VTD 24 3,065
VTD 25 1,020
VTD 26 786
VTD 27 1,045
VTD 28 3,532
VTD 29 572
VTD 34 584
VTD 36 1,375
VTD 39 1,435
VTD 40 648
VTD 42 1,049
VTD 43 1,630
VTD 44 900
VTD 5 3,240
VTD 50 1,452
VTD 51 2,704
VTD 52 2,393
VTD 53 3,034
VTD 59 5,143
VTD 6 1,118
DISTRICT TOTAL 85,514
PERCENT VARIATION -1.954
DISTRICT 32
Area Population
Florence County
VTD 30 2,336
VTD 31 1,724
VTD 32 2,306
VTD 33 3,624
Georgetown County
VTD 1 1,295
VTD 19 1,800
VTD 2 794
VTD 20 2,456
VTD 21 877
VTD 22 1,659
VTD 23 3,037
VTD 24 1,735
VTD 25 3,172
VTD 3 1,647
VTD 32 1,427
VTD 33 829
VTD 34 1,626
VTD 4 1,557
VTD 5 171
DISTRICT TOTAL 84,525
PERCENT VARIATION -3.088
DISTRICT 33
Area Population
Horry County
VTD 1 944
VTD 10 1,533
VTD 100 1,963
VTD 108 2,032
VTD 11 5,043
VTD 17 3,487
VTD 18 1,656
VTD 20 1,947
VTD 24 2,288
VTD 31 2,397
VTD 33 1,390
VTD 38 2,629
VTD 39 798
VTD 41 2,419
VTD 45 1,827
VTD 51 2,233
VTD 52 2,335
VTD 53 670
VTD 55 1,328
VTD 56 1,597
DISTRICT TOTAL 82,906
PERCENT VARIATION -4.944
DISTRICT 34
Area Population
Charleston County
VTD 1 2,273
VTD 14 2,245
VTD 19 1,131
VTD 20 1,809
VTD 21 1,162
VTD 22 940
VTD 23 1,430
VTD 3 1,664
VTD 5 2,878
Georgetown County
VTD 10 1,504
VTD 11 2,214
VTD 12 967
VTD 13 1,935
VTD 14 2,380
DISTRICT TOTAL 89,793
PERCENT VARIATION 2.952
DISTRICT 35
Area Population
Lee County
VTD 1 106
VTD 15 423
VTD 18 335
VTD 19 532
VTD 2 663
VTD 20 552
DISTRICT TOTAL 83,578
PERCENT VARIATION -4.173
DISTRICT 36
Area Population
Calhoun County 15,185
Clarendon County 32,502
Florence County
VTD 3 1,392
VTD 38 2,232
VTD 46 2,833
VTD 67 1,584
Sumter County
VTD 12 1,136
VTD 13 135
VTD 14 826
VTD 15 1,843
VTD 16 1,250
VTD 17 2,775
VTD 40 2,002
VTD 43 1,075
VTD 44 1,634
VTD 45 1,192
VTD 46 1,557
VTD 47 1,469
VTD 48 1,006
VTD 49 3,050
VTD 50 687
DISTRICT TOTAL 83,479
PERCENT VARIATION -4.287
DISTRICT 37
Area Population
Berkeley County
VTD 1 3,534
VTD 12 1,159
VTD 13 777
VTD 17 3,040
VTD 18 1,599
VTD 19 313
VTD 2 1,082
VTD 20 511
VTD 23 1,480
VTD 24 1,535
VTD 29 3,410
VTD 3 1,829
VTD 37 5,021
VTD 4 3,404
VTD 43 8,882
VTD 5 4,914
VTD 6 1,301
VTD 7 2,661
VTD 8 878
VTD 9 3,182
Charleston County
VTD 10 1,915
VTD 11 543
VTD 13 4,402
DISTRICT TOTAL 90,071
PERCENT VARIATION 3.271
DISTRICT 38
Area Population
Charleston County
VTD 171 2,328
VTD 182 745
VTD 89 2,852
VTD 90 1,201
Dorchester County
VTD 17 1,458
VTD 18 2,206
VTD 19 1,168
VTD 20 966
VTD 21 4,566
DISTRICT TOTAL 90,443
PERCENT VARIATION 3.698
DISTRICT 39
Area Population
Bamberg County
VTD 13 210
VTD 5 472
VTD 8 267
Colleton County
VTD 1 211
DISTRICT TOTAL 88,339
PERCENT VARIATION 1.285
DISTRICT 40
Area Population
Allendale County 11,211
Bamberg County
VTD 1 2,487
DISTRICT TOTAL 86,977
PERCENT VARIATION -0.276
Area Population
Charleston County
VTD 107 1,138
VTD 110 3,137
VTD 111 803
VTD 112 1,535
VTD 113 934
VTD 114 2,688
VTD 115 1,405
VTD 116 553
VTD 117 748
VTD 118 2,154
VTD 119 3,791
VTD 120 3,818
VTD 121 355
VTD 122 2,548
VTD 123 470
VTD 124 1,781
VTD 125 1,420
VTD 126 822
VTD 136 1,697
VTD 137 1,434
VTD 138 1,417
VTD 139 2,001
VTD 140 1,447
VTD 141 967
VTD 142 1,192
VTD 143 1,790
VTD 144 1,857
VTD 145 1,746
VTD 146 1,942
VTD 147 2,269
VTD 148 2,244
VTD 149 1,078
VTD 154 1,887
VTD 156 1,751
VTD 157 1,766
VTD 158 1,264
DISTRICT TOTAL 84,278
PERCENT VARIATION -3.371
DISTRICT 42
Area Population
Charleston County
VTD 100 802
VTD 101 161
VTD 102 596
VTD 103 2,008
VTD 104 1,422
VTD 105 2,736
VTD 106 1,519
VTD 108 4,455
VTD 109 2,879
VTD 127 2,169
VTD 128 851
VTD 129 2,394
VTD 130 1,764
VTD 131 1,502
VTD 132 926
DISTRICT TOTAL 84,742
PERCENT VARIATION -2.839
Area Population
Berkeley County
VTD 45 3,025
VTD 46 4,791
Charleston County
VTD 12 2,675
VTD 15 1,362
VTD 150 1,792
VTD 151 1,298
VTD 152 1,628
VTD 153 759
VTD 155 1,847
VTD 16 1,812
VTD 160 2,609
VTD 161 1,334
VTD 162 951
VTD 17 1,409
VTD 18 1,911
VTD 186 438
VTD 24 1,603
VTD 25 1,815
VTD 26 1,749
VTD 27 897
VTD 28 1,080
VTD 29 1,649
VTD 30 1,247
VTD 31 1,909
VTD 32 1,380
VTD 33 1,474
VTD 34 626
VTD 35 1,540
VTD 36 1,081
VTD 37 989
VTD 38 1,288
VTD 39 1,874
VTD 40 1,342
VTD 41 865
VTD 42 1,177
DISTRICT TOTAL 89,766
PERCENT VARIATION 2.921
DISTRICT 44
Area Population
Berkeley County
VTD 10 1,983
VTD 11 3,148
VTD 14 3,218
VTD 15 2,678
VTD 16 2,543
VTD 21 6,144
VTD 22 3,253
VTD 25 3,411
VTD 26 3,678
DISTRICT TOTAL 84,323
PERCENT VARIATION -3.319
DISTRICT 45
Area Population
Beaufort County
VTD 1 296
VTD 10 3,274
VTD 16 2,232
VTD 17 1,789
VTD 2 746
VTD 25 836
VTD 3 959
VTD 35 796
VTD 36 2,483
VTD 39 4,841
VTD 4 511
VTD 40 2,283
VTD 5 1,139
VTD 6 465
VTD 7 1,410
VTD 8 7,167
DISTRICT TOTAL 90,786
PERCENT VARIATION 4.091
DISTRICT 46
Area Population
Beaufort County
VTD 11 682
VTD 12 1,918
VTD 13 2,500
VTD 14 328
DISTRICT TOTAL 87,970
PERCENT VARIATION 0.862
SECTION 2. The United States Census of 2000 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State.
SECTION 3. Sections 1-1-730 and 2-1-65 of the 1976 Code are repealed.
SECTION 4. Upon the effective date of this act, the President Pro Tempore of the South Carolina Senate is designated as the appropriate official of the submitting authority, who is responsible for making submissions of the revised election districts set forth in Section 2-1-75 of this act to the Chief, Voting Section, Civil Rights Division, Department of Justice, in compliance with Section 5 of the Voting Rights Act of 1965, as amended, and Title 28, Part 51 of the Code of Federal Regulations.
SECTION 5. The provisions of Section 1 of this act must not be implemented prior to the regularly scheduled primary and general elections for 2004. Prior to the 2004 General Election, the Senate districts now provided for by the interim order of the federal three-judge panel in Colleton County Council v. McConnell, 201
SECTION 6. If all or any part of Section 1 of this act is determined to be null and void either by a court or by a failure to receive preclearance from the Department of Justice or any court of competent jurisdiction pursuant to Section 5 of the Voting Rights Act of 1965 and Title 28, Part 51 of the Code of Federal Regulations, Section 1 of this act is repealed.
SECTION 7. Except as otherwise provided in Section 6, if any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid or denied preclearance under Section 5 of the Voting Rights Act, such holding or denial does not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
With unanimous consent, Senator ANDERSON spoke on the amendment.
PRESIDENT: The Senator from Greenville.
Sen. ANDERSON: Would the Senator yield for a question, please?
Sen. McCONNELL: Yes, sir.
Sen. ANDERSON: Senator, do you know that after you leave Columbia that I am the only African-American Senator going north, whether you go to Rock Hill or Spartanburg or anywhere? Do you know that?
Sen. McCONNELL: Yes, sir. Now that you mention it and I think about the maps. You are correct.
Sen. ANDERSON: Ok. I thought I'd mentioned it all the time. But, do you know under the federal plan, it would drop me to 44%, and my
Sen. ANDERSON: We are in the process of changing some of the precinct lines. Do you know that inasmuch as the new plan is helping other minorities that I cannot visualize that the NAACP could legally file a suit that would be detrimental to African Americans.
Sen. McCONNELL: That the court plan would be?
Sen. ANDERSON: No, the new plan.
Sen. McCONNELL: The new plan.
Sen. ANDERSON: I cannot believe that the NAACP would file suit with the Justice Department on a plan that would improve our district lines for at least two African Americans.
Sen. McCONNELL: I don't know how the case could be made on this plan that minority voting strength has been damaged by what we did in Greenville. I think it's been enhanced. Your district has been enhanced and, to my knowledge, when I go back and look at all of them, just as Mr. McDonald has been able to do at least on a cursory level, none of them are negatively impacted. There's no case of packing; there's no case of diluting. It has been clean, surgical action on the court plan to try to improve it by putting precincts together.
Sen. ANDERSON: Well, do you know that it has helped some African American districts with the Judiciary plan? Do you know that?
Sen. McCONNELL: If it helps them? Yes, sir. I think it helps them. I would tend to think that those who may have initially criticized it, when they look closer at it, they're going to be very pleased with it.
On motion of Senator JACKSON, with unanimous consent, Senator ANDERSON's remarks, would be printed in the Journal.
Senator McCONNELL continued explaining the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator JACKSON argued contra to the adoption of the amendment.
Senator MARTIN argued in favor of the adoption of the amendment.
On motion of Senator MARTIN, debate was interrupted by adjournment.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable J. M. "BUD" LONG of Myrtle Beach, S.C., our former colleague who served in the Senate from 1984-1991. Prior to his election to the Senate, Senator LONG was a solicitor for the 15th Judicial Circuit and a Myrtle Beach municipal judge. He served in the Navy during World War II. He was a beloved husband to his wife, Judy, and devoted father to his seven children.
At 4:44 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:00 A.M.
This web page was last updated on Wednesday, June 24, 2009 at 3:43 P.M.