Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear St. Paul's advice to young Timothy, Chapter 4:10:
"For to this end we toil and struggle, because we have our hope set on the living God, who is the Savior of all people, especially of those who believe."
Let us pray.
Eternal Father, You are the Light of our lives, the Creator of Life itself, without whose gracious gifts we cannot take even one more breath. Forbid that we should ever become overconfident in our fallible judgments.
Lead us into new ventures that will lead us along untrodden paths. Into the new age, sometimes called the nuclear age, the age of technology, lead us with the ageless flame of faith.
Without Your gracious gifts of the Spirit, Your Providence, we may make for ourselves a horrible pit into which we may destroy and bury ourselves.
Help us make the most of each golden, irretrievable moment of this day!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration:
Document No. 2790
Agency: Clemson University, State Crop Pest Commission
SUBJECT: Designation of Plant Pests
Received by Lieutenant Governor February 18, 2002
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration June 18, 2003
Document No. 2791
Agency: Clemson University, State Crop Pest Commission
SUBJECT: Plum Pox Virus Quarantine
Received by Lieutenant Governor February 18, 2003
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration June 18, 2003
Document No. 2814
Agency: Clemson University, State Crop Pest Commission
SUBJECT: Witchweed Quarantine
Received by Lieutenant Governor February 18, 2003
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration June 18, 2003
(Subject to Sine Die Revision)
The following was received:
Document No. 2792
Agency: Board of Education
SUBJECT: Career or Technology Centers/Comprehensive High Schools
Received by Lieutenant Governor January 14, 2003
Referred to Education Committee January 18, 2003
Legislative Review Expiration May 13, 2003
Permanently Withdrawn February 18, 2002
Senator COURSON introduced Dr. Pierre Jaffe of Columbia, S.C., Doctor of the Day.
Senator ELLIOTT rose for an Expression of Personal Interest.
The following were introduced:
S. 381 (Word version) -- Senators Glover, Ford, Anderson, Jackson, Reese, Moore, Patterson, McGill and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR 2003-04, A FULL-TIME SCHOOL NURSE IS REQUIRED FOR AND MUST BE ON THE PREMISES OF EACH ELEMENTARY PUBLIC SCHOOL IN THE STATE DURING REGULAR SCHOOL HOURS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS REQUIREMENT MUST BE PROVIDED.
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Read the first time and referred to the Committee on Education.
S. 382 (Word version) -- Senators Ryberg, Grooms, Verdin, Peeler, Martin, Ritchie, Kuhn, Mescher, McConnell, Giese, Richardson, Ravenel, Branton, Gregory, Fair and Knotts: A BILL TO REPEAL SECTION 9-1-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI) AND TO GIVE THIS REPEAL PROSPECTIVE EFFECT.
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Senator RYBERG spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 383 (Word version) -- Senators Ritchie, Richardson, Kuhn, Martin, Verdin, Ryberg, Ravenel, Mescher, Grooms, Knotts, Peeler, Waldrep, Fair, Gregory and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO EXEMPT FROM THE STATE EMPLOYEE PROCEDURE ACT STATE EMPLOYEES WHO REPORT DIRECTLY TO AN AGENCY HEAD OR CONSTITUTIONAL OFFICER, AND STATE EMPLOYEES WHO REPORT DIRECTLY TO THIS FIRST CATEGORY OF EMPLOYEES, TO EXEMPT ALL STATE EMPLOYEES WHO RECEIVE ANNUALIZED COMPENSATIONS OF AT LEAST FIFTY THOUSAND DOLLARS, TO PROVIDE THAT THESE EXEMPTIONS DO NOT APPLY TO TEACHING AND RESEARCH FACULTY AT A FOUR-YEAR POST-SECONDARY EDUCATIONAL INSTITUTION, AND TO GIVE THESE NEW EXEMPTIONS PROSPECTIVE EFFECT.
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Read the first time and referred to the Committee on Finance.
S. 384 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 9-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF RETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE MONTHLY BENEFIT FOR CLASS ONE SERVICE FROM TEN DOLLARS AND NINETY-SEVEN CENTS TO FIFTEEN DOLLARS AND THIRTY-EIGHT CENTS A MONTH FOR EACH YEAR OF SERVICE AND TO INCREASE THE MULTIPLIER FRACTION FOR CLASS TWO SERVICE FROM 2.14 PERCENT TO 3.0 PERCENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF SERVICE FOR PERSONS FIRST BECOMING MEMBERS AFTER JUNE 30, 2003, TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO CALCULATE AND IMPOSE AN ADDITIONAL EMPLOYEE CONTRIBUTION TO BE PAID BY MEMBERS SUBJECT TO THIS REVISED CALCULATION, AND TO ALLOW CURRENT MEMBERS TO ELECT IRREVOCABLY TO PAY THE SAME ADDITIONAL CONTRIBUTION AND HAVE A PROPORTIONATELY INCREASED MONTHLY BENEFIT OR MULTIPLIER FRACTION USED IN THE CALCULATION OF THEIR BENEFIT.
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Read the first time and referred to the Committee on Finance.
S. 385 (Word version) -- Senators Jackson, Glover, Ford, Anderson, Malloy, Matthews, Patterson and Pinckney: A JOINT RESOLUTION TO ESTABLISH A FACT-FINDING STUDY COMMITTEE TO REVIEW THE EVENTS OF FEBRUARY 8, 1968, REFERRED TO AS THE "ORANGEBURG MASSACRE", AND TO MAKE A REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY CONCERNING THE HISTORICAL, SOCIAL, AND ETHICAL RAMIFICATIONS OF THOSE EVENTS; TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, STAFF, AND REPORTING REQUIREMENTS; AND TO ABOLISH THE STUDY COMMITTEE UPON SUBMISSION OF ITS REPORT.
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Senators JACKSON and GLOVER spoke on the Resolution.
Read the first time and referred to the Committee on Judiciary.
S. 386 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF WAGES FOR WORKER'S COMPENSATION BENEFITS, SO AS TO DELETE THE REQUIREMENTS THAT THE GOVERNING BODY OF THE ENTITY USING A VOLUNTARY STATE CONSTABLE'S SERVICES SHALL APPROVE AND FUND THE PREMIUMS FOR HIS PARTICIPATION IN THE WORKER'S COMPENSATION SYSTEM AND INSTEAD PROVIDE THAT THE WORKER'S COMPENSATION PREMIUMS FOR THESE CONSTABLES MUST BE PAID FROM THE STATE GENERAL FUND UPON WARRANT OF THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION.
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Read the first time and referred to the Committee on Judiciary.
S. 387 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF PLACING CHILDREN FOR FOSTER CARE WITH CERTAIN PERSONS, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED IN FOSTER CARE WITH A PERSON WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED FOSTER HOME OTHER THAN THEIR LAWFUL SPOUSE, AND TO PROVIDE FOR COUNSELING AND CERTIFICATION RELATING TO COMPLIANCE WITH THIS SECTION; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD, SO AS TO PROVIDE THAT A CHILD MAY NOT BE PLACED FOR ADOPTION WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CERTAIN OFFENSES, OR WHO IS ENGAGED IN A SEXUAL RELATIONSHIP WITH ANOTHER PERSON RESIDING IN THE PROPOSED ADOPTIVE HOME OTHER THAN THEIR LAWFUL SPOUSE.
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Read the first time and referred to the Committee on Judiciary.
S. 388 (Word version) -- Senators McConnell and Hawkins: A BILL TO AMEND SECTION 16-17-445(E), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO REQUIRE A TELEPHONE SOLICITOR TO USE THE "NO-CALL LIST" ESTABLISHED BY SECTION 58-9-2710; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT THE NO-CALL LIST FROM DISCLOSURE; TO AMEND CHAPTER 9, TITLE 58, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 23, SO AS TO REQUIRE THE PUBLIC SERVICE COMMISSION TO ESTABLISH AND PROVIDE A "NO-CALL LIST" OF TELEPHONE NUMBERS OF RESIDENTIAL SUBSCRIBERS WHO OBJECT TO RECEIVING UNSOLICITED TELEPHONE CALLS, TO PROVIDE THAT ANY PERSON OR ENTITY DESIRING TO MAKE UNSOLICITED TELEPHONE CALLS MUST BE CHARGED A FEE BY THE COMMISSION FOR THE LIST, TO PROVIDE THAT THE PERSON OR ENTITY IS NOT PERMITTED TO USE A PREDICTIVE DIALING DEVICE, TO PROVIDE THAT THE COMMISSION MUST ESTABLISH AN ACCEPTABLE ERROR RATE FOR TELEPHONE CONNECTIONS MADE IN VIOLATION OF THE PROHIBITION AGAINST PREDICTIVE DIALING DEVICES, AND TO ESTABLISH PENALTIES FOR VIOLATIONS OF THE ARTICLE.
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Read the first time and referred to the Committee on Judiciary.
S. 389 (Word version) -- Senators Ritchie, Hayes, Land, Hawkins, Hutto and Malloy: A BILL TO AMEND SECTION 8-21-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTION FEES IN THE COURT OF COMMON PLEAS AND FAMILY COURT, SO AS TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR FILING A CONSENT ORDER FOR DISMISSAL OF ANY CIVIL ACTION.
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Read the first time and referred to the Committee on Judiciary.
S. 390 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-5050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.
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Read the first time and referred to the Committee on Judiciary.
S. 391 (Word version) -- Senators Hawkins and Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-63-50 AND 44-63-55 SO AS TO REQUIRE THAT A FETAL DEATH CERTIFICATE BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO REQUIRE A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH TO BE COMPLETED FOR EACH FETAL DEATH OCCURRING AFTER A GESTATIONAL PERIOD OF TWENTY WEEKS OR MORE AND TO FURTHER PROVIDE SPECIFICS FOR COMPLETION AND FILING OF THESE CERTIFICATES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 392 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
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Read the first time and referred to the Committee on Transportation.
S. 393 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 56-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE ISSUED TO OR RENEWED FOR CERTAIN PERSONS WHO ARE LESS THAN SIXTY-FIVE YEARS OF AGE IS VALID FOR TEN YEARS, AND TO ALLOW CERTAIN PERSONS TO HAVE THEIR DRIVER'S LICENSE EXPIRATION DATE EXTENDED FOR AN ADDITIONAL FIVE YEARS AND NOT REQUIRE THEM TO COMPLETE A VISION TEST; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENTS OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS OR WHOSE EXTENDED VALIDITY IS FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS.
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Read the first time and referred to the Committee on Transportation.
S. 394 (Word version) -- Senators Leatherman, Gregory, McConnell, Richardson, Ritchie, Ryberg, Giese, Hayes, Verdin and Waldrep: A BILL TO ENACT THE "DEPARTMENT OF MOTOR VEHICLES REFORM ACT OF 2003" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-5 SO AS TO PROVIDE FOR THE ESTABLISHMENT AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTION 56-1-15 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ENTER INTO CONTRACTS WITH CERTAIN PERSONS AND ENTITIES TO ADMINISTER CERTAIN PORTIONS OF THE DRIVER'S LICENSE EXAMINATION; BY ADDING SECTION 56-1-125 SO AS TO PROVIDE THAT CERTAIN PERSONS MUST BE REGISTERED FOR THE UNITED STATES SELECTIVE SERVICE WHEN APPLYING TO THE DEPARTMENT OF MOTOR VEHICLES FOR CERTAIN SERVICES; BY ADDING SECTION 56-1-345 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY CHARGE AND COLLECT CERTAIN FEES FOR PROVIDING CERTAIN INFORMATION RECORDS MAINTAINED BY THE DEPARTMENT; TO AMEND SECTION 1-30-90, AS AMENDED, RELATING TO CERTAIN DUTIES AND FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ALL DUTIES AND FUNCTIONS THAT RELATE TO ITS MOTOR VEHICLE DIVISION; TO AMEND SECTION 23-6-20 AND SECTION 23-6-30, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT, DUTIES, AND POWERS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE ITS MOTOR VEHICLE DIVISION AND ITS DUTIES AND FUNCTIONS; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO THE DEFINITIONS OF TERMS THAT RELATE TO THE REGULATION OF MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS, SO AS TO REDEFINE THE TERM "DEPARTMENT" TO MEAN THE "DEPARTMENT OF MOTOR VEHICLES"; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE FEE FOR AND CONTENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS IS TWELVE DOLLARS AND FIFTY CENTS, AND THE FEE FOR A DRIVER'S LICENSE THAT IS VALID FOR TEN YEARS IS TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-1-210, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE IS VALID FOR TEN YEARS INSTEAD OF FIVE YEARS FOR A PERSON WHO IS UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 56-2-2740, AS AMENDED, RELATING TO THE RENEWAL OF LICENSE PLATES, VALIDATION DECALS, AND VEHICLE REGISTRATION CARDS, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE LICENSE PLATES AND REVALIDATION DECALS, TO PROVIDE THAT A PERSON SHALL OBTAIN MOTOR VEHICLE LICENSE PLATES FROM THE DEPARTMENT OF MOTOR VEHICLES OR AN ENTITY AUTHORIZED BY THE DEPARTMENT, TO PROVIDE THAT A PERSON SHALL OBTAIN VALIDATION DECALS AND MOTOR VEHICLE REGISTRATION CARDS FROM THE DEPARTMENT OF MOTOR VEHICLES, THE COUNTY TREASURER'S OFFICE, OR AN ENTITY AUTHORIZED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THE CONDITIONS UPON WHICH VALIDATION DECALS AND REGISTRATION CARDS MAY BE ISSUED, AND TO PROVIDE THAT CERTAIN FEES MAY BE CHARGED BY THE TREASURER'S OFFICES AND CERTAIN ENTITIES TO DEFRAY THEIR COSTS OF ISSUING VALIDATION DECALS AND REGISTRATION CARDS; TO REPEAL SECTION 23-6-35, RELATING TO FEES THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FOR PROVIDING CERTAIN MOTOR VEHICLE RECORDS; TO REPEAL ARTICLE 7, CHAPTER 6, TITLE 23, RELATING TO THE CREATION AND CERTAIN DUTIES AND FUNCTIONS OF THE MOTOR VEHICLE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES THAT RELATE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE NEWLY-CREATED DEPARTMENT OF MOTOR VEHICLES.
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Read the first time and referred to the Committee on Transportation.
S. 395 (Word version) -- Senators Hayes, Gregory, Short and Peeler: A BILL TO AMEND ACT 469 OF 2000, RELATING TO SCHOOL DISTRICT 1 OF YORK COUNTY, SO AS TO REVISE THE DATE ON WHICH ELECTED MEMBERS OF THE BOARD SHALL TAKE OFFICE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator HAYES, S. 395 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 396 (Word version) -- Senators Patterson and Jackson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE UPON LEARNING OF THE DEATH OF MRS. INEZ WILLIAMS BROWN OF CHARLESTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 397 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND ONE OF THE MIDLANDS MOST RESPECTED NEWS CORRESPONDENTS, ADAM M. MURPHY OF WLTX-TV, UPON HIS DEPARTURE FROM THE STATION ON THURSDAY, FEBRUARY 20, 2003, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 398 (Word version) -- Senator Mescher: A SENATE RESOLUTION TO COMMEND CAPTAIN WILLIAM S. McDANIEL OF DILLON COUNTY FOR HIS COMMITMENT AND DEDICATION TO HIS STATE AND NATION AND FOR HIS DISTINGUISHED SERVICE AS A COMPANY COMMANDER FOR THE A/1-263 ARMOR COMPANY FROM JANUARY 1, 2001, THROUGH FEBRUARY 20, 2003, AND TO WISH HIM CONTINUED SUCCESS DURING HIS MILITARY CAREER.
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The Senate Resolution was adopted.
S. 399 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-225 SO AS TO PROVIDE THAT THE COMPENSATION FOR DIRECTORS OF THE DEPARTMENTS OF STATE GOVERNMENT APPOINTED BY THE GOVERNOR MAY NOT EXCEED ONE DOLLAR ANNUALLY.
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Read the first time and referred to the Committee on Finance.
S. 400 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-226 SO AS TO PROVIDE THAT THE DIRECTOR OF A DEPARTMENT OF STATE GOVERNMENT APPOINTED BY THE GOVERNOR SHALL ACCEPT FULL COMPENSATION APPROPRIATED FOR THE POSITION AND MAY ONLY DONATE HIS NET PAY TO THE STATE.
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Read the first time and referred to the Committee on Finance.
S. 401 (Word version) -- Senators Pinckney and Waldrep: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF SUFFRAGE, BY ADDING SECTION 12 SO AS TO AUTHORIZE A PROCEDURE BY WHICH A CANDIDATE FOR ELECTIVE OFFICE MAY FINANCE HIS CAMPAIGN WITH PUBLIC FUNDS AS THE GENERAL ASSEMBLY MAY DETERMINE.
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Read the first time and referred to the Committee on Judiciary.
S. 402 (Word version) -- Senators Pinckney and Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE "SOUTH CAROLINA CLEAN ELECTIONS ACT", TO PROVIDE A PROCEDURE BY WHICH CERTAIN CANDIDATES FOR OFFICE WHO AGREE TO LIMITATIONS ON CONTRIBUTIONS TO RECEIVE A PREDETERMINED AMOUNT OF PUBLIC FUNDS FOR CAMPAIGNS AND TO REQUIRE ELECTRONIC DISCLOSURES FOR ALL CAMPAIGN CONTRIBUTIONS TO CANDIDATES AND POLITICAL COMMITTEES.
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Read the first time and referred to the Committee on Judiciary.
H. 3546 (Word version) -- Reps. Clemmons, Barfield, Edge, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BOB GRISSOM PARKWAY CONNECTOR-HIGHWAY 17 BYPASS OVERPASS IN HORRY COUNTY IN HONOR OF THE LATE PRIVATE FIRST CLASS JOSEPH JOHN "JOE" MCGARRY OF THE MYRTLE BEACH POLICE DEPARTMENT, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS OVERPASS CONTAINING THE WORDS "PFC JOE MCGARRY OVERPASS".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3564 (Word version) -- Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers: A BILL TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.
Read the first time and referred to the Committee on Judiciary.
H. 3583 (Word version) -- Reps. Neilson, J. Hines, Gourdine, Hosey, Govan, Barfield, Battle, Bowers, Davenport, Freeman, M. Hines, Leach, McCraw, Miller, Moody-Lawrence, Phillips, G. M. Smith, J. R. Smith, Snow, Thompson, Vaughn and Weeks: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, AND SPECIFICALLY THE HONORABLE JOHN SPRATT, TO AWARD WILLIAM G. "BILLY" FARROW THE CONGRESSIONAL MEDAL OF HONOR FOR HIS VALOR EXHIBITED IN LAYING DOWN HIS LIFE FOR HIS COUNTRY DURING DOOLITTLE'S RAID ON TOKYO, APRIL 18, 1942.
The Concurrent Resolution was introduced and referred to the General Committee.
H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.
Read the first time and, on motion of Senator McCONNELL, with unanimous consent, H. 3589 was ordered placed on the Calendar without reference.
H. 3599 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 3 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF DILLON COUNTY SCHOOL DISTRICT 3 IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3600 (Word version) -- Rep. Hayes: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DILLON COUNTY SCHOOL DISTRICT 2 TO ISSUE AND SELL GENERAL OBLIGATION REFUNDING BONDS OF DILLON COUNTY SCHOOL DISTRICT 2 IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED FORTY THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS PURSUANT TO WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE BONDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3615 (Word version) -- Rep. Taylor: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Read the first time and referred to the Committee on Education.
H. 3624 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH 12, 2003, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
H. 3632 (Word version) -- Reps. Battle and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE SCOUT RAND WALLER OF MARION COUNTY ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3637 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS AND CONTRIBUTIONS OF MR. HARRY ROSS HAMILTON OF SENECA, AND TO EXTEND THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. HAMILTON FOR HIS MANY YEARS OF UNWAVERING COMMITMENT AND GENEROUS SERVICE TO HIS FAMILY, CHURCH, COMMUNITY, STATE, AND NATION, AS HE RETIRES FROM HIS POSITION AS OCONEE COUNTY COUNCIL REPRESENTATIVE FOR DISTRICT III.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3651 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. MARY LOIS SHIVERS OF RICHLAND COUNTY ON THE OCCASION OF HER SEVENTY-FIFTH BIRTHDAY ON MARCH 1, 2003, AND WISHING FOR HER MANY HAPPY RETURNS OF THE DAY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
S. 6 (Word version) -- Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin: A BILL TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:
S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.
Ordered for consideration tomorrow.
Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:
S. 64 (Word version) -- Senators Gregory and Reese: A BILL TO AMEND SECTION 1-11-730 OF THE 1976 CODE TO PROVIDE THAT THE SPOUSE OR DEPENDANT OF A PERSON KILLED IN THE LINE OF DUTY SHALL CONTINUE COVERAGE UNDER THE STATE HEALTH PLAN FOR A PERIOD OF TWELVE MONTHS AND THE STATE SHALL BE RESPONSIBLE FOR PAYING THE FULL PREMIUM COSTS AND AFTER THE TWELVE-MONTH PERIOD THE SPOUSE OR DEPENDANT IS ELIGIBLE FOR STATE-PAID PREMIUMS.
Ordered for consideration tomorrow.
Senator ANDERSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 94 (Word version) -- Senators Anderson, Elliott, Reese and Knotts: A BILL TO AMEND SECTION 7-7-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS, SO AS TO REQUIRE A VOTER TO BE NOTIFIED OF HIS TRANSFER TO A NEW PRECINCT AND OF HIS TRANSFER TO A NEW ELECTION DISTRICT FOR A SPECIAL PURPOSE DISTRICT, SCHOOL DISTRICT, MUNICIPALITY, COUNTY, THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, OR THE SOUTH CAROLINA SENATE.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 166 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FROM A PUBLIC ROAD, SO AS TO AMEND THE DEFINITION OF "HUNTING".
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
S. 184 (Word version) -- Senators McConnell, Holland and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:
S. 218 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 40-54-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DEALER'S CIVIL LIABILITY FOR DAMAGES TO THE TRUE OWNER FOR KNOWINGLY PURCHASING STOLEN PRECIOUS METAL, SO AS TO INCLUDE THE PURCHASE OF A PRECIOUS OR SEMIPRECIOUS STONE OR GEM, TO REQUIRE A REASONABLE INQUIRY BY THE DEALER INTO THE TRUE OWNERSHIP OF THE ITEM, AND TO PROVIDE FOR THE ADDITIONAL REMEDY OF IMMEDIATE RETURN OF THE ITEM UPON DEMAND BY THE TRUE OWNER.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 3474 (Word version) -- Reps. Wilkins and Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 8 AND 12 AND NEW VOLUMES 7A AND 12A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2003.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC TELEPHONE ASSOCIATION to attend a reception at the Columbia Museum of Art on Tuesday, February 25, 2003, from 6:00 until 8:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MANUFACTURED HOUSING INSTITUTE OF SC to attend a reception at the Clarion Town House on Tuesday, February 25, 2003, from 8:00 until 9:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SOCIETY OF PROFESSIONAL LAND SURVEYORS to attend a breakfast in Room 221 Blatt Bldg. on Wednesday, February 26, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the ASSOCIATION OF PUBLIC LIBRARY ADMINISTRATORS to attend a luncheon at the Clarion Town House on Wednesday, February 26, 2003, from 6:00 until 7:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MUNICIPAL ASSOCIATION OF SC to attend a reception at the Adam's Mark Hotel on Wednesday, February 26, 2003, from 6:00 until 7:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the AMERICAN LEGISLATIVE EXCHANGE COUNCIL to attend a reception at the Clarion Town House on Wednesday, February 26, 2003, from 7:00 until 9:00 P.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the MARCH OF DIMES and the PERINATAL ASSOCIATION to attend a drop-in breakfast in Room 221 Blatt Bldg. on Thursday, February 27, 2003, from 8:00 until 10:00 A.M.
Courson Matthews Patterson O'Dell McGill Alexander Peeler Kuhn Reese Knotts Waldrep
S. 312 (Word version) -- Senators Knotts, Setzler and Ryberg: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF NATURAL RESOURCES TO RENAME THE HOPE FERRY LANDING ON THE SALUDA RIVER IN LEXINGTON COUNTY, THE "JAMES R. METTS LANDING" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE LANDING CONTAINING THE WORDS "JAMES R. METTS LANDING".
Returned with concurrence.
Received as information.
S. 362 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE CHARLES "LEFTY" DRIESELL OF VIRGINIA BEACH, VIRGINIA, UPON HIS RECENT RETIREMENT AND TO WISH HIM AND HIS FAMILY MUCH FUTURE HAPPINESS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 28 (Word version) -- Senators Knotts and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.
S. 206 (Word version) -- Senators McConnell, Ritchie and Richardson: A BILL TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUDGES AND JUSTICES, SO AS TO REPEAL SECTION 2-19-40, RELATING TO THE EXEMPTION OF A PUBLIC HEARING.
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-630, SO AS TO PROVIDE THAT A HOLDER OF A RETAIL PERMIT AUTHORIZING SALES OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION MAY DELIVER BEER OR WINE IN A SEALED CONTAINER TO A PERSON AGED TWENTY-ONE OR OLDER UNDER CERTAIN CIRCUMSTANCES.
S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
S. 288 (Word version) -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 122 (Word version) -- Senators Moore, Elliott and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-75 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON REAL PROPERTY FOR THE PURPOSE OF VISITING, REPAIRING, AND MAINTAINING THESE BURIAL GROUNDS.
S. 341 (Word version) -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE STATE SHALL DEFEND THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE BOARD'S OFFICERS AND EMPLOYEES AGAINST A CLAIM OR SUIT BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS SUCH MEMBERS, OFFICERS, OR EMPLOYEES, TO REQUIRE THE STATE TO INDEMNIFY THEM FOR A LOSS OR JUDGMENT INCURRED BY THEM FROM A CLAIM OR SUIT BROUGHT AGAINST THEM IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE FOR THEIR DEFENSE AND INDEMNIFICATION OF THEIR PERSON AFTER THEY LEAVE MEMBERSHIP ON OR EMPLOYMENT BY THE BOARD IF THE CLAIM OR SUIT ARISES BASED ON THE PERFORMANCE OF THEIR OFFICIAL DUTIES AND TO PROVIDE A SIMILAR DEFENSE AND INDEMNIFICATION UNDER SIMILAR CIRCUMSTANCES FOR THE MEMBERS OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL.
Senator SETZLER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SETZLER proposed the following amendment (341-2-SETZLER), which was adopted:
Amend the bill, as and if amended, page 1, lines 38 through 42 and continuing on page 2, lines 1 through 7 by striking and inserting:
/ "Section 1-11-440. (A) The State must defend the members of the State Budget and Control Board and officers and employees of the board against a claim or suit that arises out of or by virtue of their performance of official duties on behalf of the board and must indemnify these members, officers, and employees for a loss or judgment incurred by them as a result of the claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. The State must defend officers and employees of the board against a claim or suit that arises out of or by virtue of performance of official duties if those duties relate to the retirement programs or the issuance of bonds or incurring of public debt and must indemnify these officers and employees for a loss or judgment incurred by them as a result of such claim or suit, without regard to whether the claim or suit is brought against them in their individual or official capacities, or both. This commitment to defend and indemnify extends to members, officers, and employees of the board after they have left their employment with the board if the claim or suit arises out of or by virtue of their performance of official duties on behalf of the board. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA LAND USE DISPUTE RESOLUTION ACT" TO PROVIDE RELIEF FOR A PROPERTY OWNER WHEN A SPECIFIC ACTION OF A LOCAL GOVERNMENTAL ENTITY RESULTS IN UNNECESSARY HARDSHIP ON THE USE OF REAL PROPERTY AND PROVIDE PROCEDURES FOR THESE PROCEEDINGS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator HAWKINS proposed the following amendment (JUD0204.003), which was tabled:
Amend the committee amendment, as and if amended, page [204-8], beginning on line 28, in Section 6-29-840(B), as contained in SECTION 6, by striking lines 28 and 29 in their entirety and inserting therein the following:
/ nonjury docket. Nothing in this subsection /.
Amend the committee amendment further, as and if amended, page [204-12], beginning on line 9, in Section 6-29-930(B), as contained in SECTION 11, by striking lines 9 and 10 in their entirety and inserting therein the following:
/ nonjury docket. Nothing in this subsection /.
Amend the committee amendment further, as and if amended, page [204-13], beginning on line 16, in Section 6-29-1150(D)(4), as contained in SECTION 12, by striking lines 16 and 17 in their entirety and inserting therein the following:
/ nonjury docket. Nothing in this subsection /.
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
Senator RITCHIE spoke on the amendment.
Senators MARTIN and RITCHIE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators HAWKINS and HUTTO proposed the following amendment (204R002.DH), which was adopted:
Amend the committee amendment, as and if amended, page [204-8], by striking lines 28-29 and inserting:
/ nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection /
Amend the bill further, as and if amended, page [204-12], by striking lines 9-10 and inserting:
/ nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection /
Amend the bill further, as and if amended, page [204-13], by striking lines 16-17 and inserting:
/ nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection /
Renumber sections to conform. Amend title to conform.
Senator HUTTO spoke on the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0204.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES, SO AS TO AUTHORIZE AN ADMINISTRATIVE LAW JUDGE TO USE MEDIATION AS PROVIDED IN THE SOUTH CAROLINA CIRCUIT COURT ALTERNATIVE DISPUTE RESOLUTION RULES; TO AMEND SECTION 6-29-800, RELATING TO THE POWERS OF A ZONING BOARD OF APPEALS, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-820, RELATING TO APPEAL FROM A ZONING BOARD OF APPEALS TO A CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-825, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A ZONING BOARD OF APPEALS DECISION; TO AMEND SECTION 6-29-830, RELATING TO THE NOTICE OF APPEAL FROM A ZONING BOARD OF APPEALS DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-840, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-890, RELATING TO AN APPEAL TO A BOARD OF ARCHITECTURAL REVIEW, SO AS TO PROVIDE A MATTER MAY BE REMANDED TO AN ADMINISTRATIVE OFFICIAL IF THE BOARD DETERMINES THE RECORD IS INSUFFICIENT FOR REVIEW; TO AMEND SECTION 6-29-900, RELATING TO AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW TO THE CIRCUIT COURT, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-915, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION; TO AMEND SECTION 6-29-920, RELATING TO THE NOTICE OF APPEAL FROM A BOARD OF ARCHITECTURAL REVIEW DECISION, SO AS TO PROVIDE FOR THE PROCEDURE BY DIRECT APPEAL AND BY APPEAL AFTER THE MEDIATION IS NOT SUCCESSFUL OR APPROVED; TO AMEND SECTION 6-29-930, RELATING TO DETERMINATION OF THE APPEAL, SO AS TO PROVIDE WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THAT THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET AND TO PROVIDE IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND SECTION 6-29-1150, RELATING TO AN APPEAL FROM A DECISION OF A PLANNING COMMISSION, SO AS TO PROVIDE THAT A PROPERTY OWNER MAY FILE A NOTICE OF APPEAL ACCOMPANIED BY A REQUEST FOR PRE-LITIGATION MEDIATION, THAT, WHEN AN APPEAL INCLUDES NO ISSUES TRIABLE OF RIGHT BY JURY OR WHEN THE PARTIES CONSENT, THE APPEAL MUST BE PLACED ON THE NONJURY DOCKET, AND THAT, IF ANY PARTY SO REQUESTS, THE APPEAL MUST BE GIVEN PRECEDENCE OVER OTHER CIVIL CASES; TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING SECTION 6-29-1155, SO AS TO PROVIDE THE PROCEDURE FOR PRE-LITIGATION MEDIATION IN AN APPEAL FROM A PLANNING COMMISSION DECISION; AND TO AMEND CHAPTER 29 OF TITLE 6 BY ADDING ARTICLE 9, SO AS TO PROVIDE EDUCATIONAL REQUIREMENTS FOR ZONING OFFICIALS AND EMPLOYEES AND TO CREATE AN ADVISORY COMMITTEE TO APPROVE COURSES FOR ORIENTATION AND CONTINUING EDUCATION PROGRAMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-630 of the 1976 Code is amended to read:
"Section 1-23-630. (A) Each of the administrative law judges judge of the division has the same power at chambers or in open hearing as do circuit court judges, and to issue those remedial writs as are necessary to give effect to its jurisdiction.
(B) An administrative law judge may authorize the use of mediation as provided by the South Carolina Circuit Court Alternative Dispute Resolution Rules. The administrative law judge may exercise the same power as a circuit court judge in administering the mediation."
SECTION 2. Section 6-29-800 of the 1976 Code is amended to read:
"Section 6-29-800. (A) The board of appeals has the following powers:
(1) to hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance;
(2) to hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:
(a) there are extraordinary and exceptional conditions pertaining to the particular piece of property;
(b) these conditions do not generally apply to other property in the vicinity;
(c) because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and
(d) the authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.
(i) The board may not grant a variance, the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should if a variance be is granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning ordinance.
A local governing body by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district, and if it does permit such a variance, it the governing body may require the affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the local governing body may overrule the decision of the local board of adjustment concerning a use variance.
(ii) In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare;
(3) to permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the zoning ordinance; and
(4) to remand a matter to an administrative official, upon motion by a party or the board's own motion, if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.
(B) appeals Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of appeals notice of appeal specifying the grounds of it for the appeal. If no time limit is provided, the appeals appeal must be taken within thirty days from the date the appealing party has received actual notice of the action from which the appeal is taken. The officer from whom the appeal is taken immediately shall must transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(B)(C) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise other than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(C)(D) The board shall must fix a reasonable time for the hearing of the appeal or other matter referred to it the board, and give at least fifteen days' public notice of it the hearing in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same appeal or matter within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
(D)(E) In exercising the above power, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end, shall have has all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board, in the execution of the duties specified in this chapter, may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.
(E)(F) All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail."
SECTION 3. Section 6-29-820 of the 1976 Code is amended to read:
"Section 6-29-820. (A) A person who may have a substantial interest in any decision of the board of appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county, by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the board is mailed.
(B) A property owner whose land is the subject of a decision of the board of appeals may appeal either:
(1) as provided in subsection (A); or
(2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-825.
Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.
(C) Any filing of an appeal from a particular board of appeals decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(11)(a)."
SECTION 4. The 1976 Code is amended by adding:
"Section 6-29-825. (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of appeals.
(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:
(1) the local legislative governing body in public session; and
(2) the circuit court as provided in subsection (G).
(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body.
(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision: (1) in the same manner as provided by law for appeals from other judgments of the circuit court; or (2) by filing an appeal pursuant to subsection (F)."
SECTION 5. Section 6-29-830 of the 1976 Code is amended to read:
"Section 6-29-830. (A) Upon the filing of the an appeal with a petition as provided in Section 6-29-820(A) or Section 6-29-825(F), the clerk of the circuit court shall must give immediate notice of it the appeal to the secretary of the board and within thirty days from the time of the notice, the board shall must file with the clerk a duly certified copy of the proceedings held before the board of appeals, including a transcript of the evidence heard before it the board, if any, and the decision of the board including its findings of fact and conclusions.
(B) The filing of an appeal in the circuit court from a any decision of the board shall does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper."
SECTION 6. Section 6-29-840 of the 1976 Code is amended to read:
"Section 6-29-840. (A) At the next term of the circuit court or in chambers, upon ten days' notice to the parties, the presiding judge of the circuit court of the county shall must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals shall must be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal, the court shall must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.
(B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. If any party so requests, the appeal must be given precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of appeals, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking."
SECTION 7. Section 6-29-890 of the 1976 Code is amended to read:
"Section 6-29-890. (A) Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of architectural review notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately shall must transmit to the board all the papers constituting the record upon which the action appealed from was taken. Upon a motion by a party or the board's own motion, the board may remand a matter to an administrative official if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.
(B) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on upon notice to the officer from whom the appeal is taken, and on due cause shown.
(C) The board shall must fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of it the hearing, as well as due notice to the parties in interest, and decide the same appeal or other matter within a reasonable time. At the hearing, any party may appear in person, or by agent, or by attorney."
SECTION 8. Section 6-29-900 of the 1976 Code is amended to read:
"Section 6-29-900. (A) A person who may have a substantial interest in any decision of the board of architectural review or any officer, or agent of the appropriate governing authority may appeal from any decision of the board to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the affected party receives actual notice of the decision of the board of architectural review.
(B) A property owner whose land is the subject of a decision of the board of architectural review may appeal either:
(1) as provided in subsection (A); or
(2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-915.
A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.
(C) Any filing of an appeal from a particular board of architectural review decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(11)(a)."
SECTION 9. The 1976 Code is amended by adding:
"Section 6-29-915. (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of architectural review.
(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:
(1) the local legislative governing body in public session; and
(2) the circuit court as provided in subsection (G).
(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body.
(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision: (1) in the same manner as provided by law for appeals from other judgments of the circuit court; or (2) by filing an appeal pursuant to subsection (F)."
SECTION 10. Section 6-29-920 of the 1976 Code is amended to read:
"Section 6-29-920. (A) Upon filing of the an appeal with a petition as provided in Section 6-29-900(A) or Section 6-29-915(F), the clerk of the circuit court shall must give immediate notice of it the appeal to the secretary of the board and within thirty days from the time of the notice, the board shall must file with the clerk a duly certified copy of the proceedings had held before the board of architectural review, including a transcript of the evidence heard before it the board, if any, and the decision of the board including its findings of fact and conclusions.
(B) The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper."
SECTION 11. Section 6-29-930 of the of the 1976 Code is amended to read:
"Section 6-29-930. (A) At the next term of the circuit court or in chambers upon ten days' notice to the parties, the resident presiding judge of the circuit court of the county shall must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of architectural review are final and conclusive on the hearing of the appeal, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter must be remanded to the board of architectural review for rehearing. In determining the questions presented by the appeal, the court shall must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board must be charged with the costs and they which must be paid by the governing authority which established the board of architectural review.
(B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. If any party so requests, the appeal must be given precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of architectural review, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking."
SECTION 12. Section 6-29-1150 of the 1976 Code is amended to read:
"Section 6-29-1150. (A) The land development regulations adopted by the governing authority must include a specific procedure for the submission and approval or disapproval by the planning commission or designated staff. These procedures may include requirements for submission of sketch plans, preliminary plans, and final plans for review and approval or disapproval. Time limits, not to exceed sixty days, must be set forth for action on plans or plats, or both, submitted for approval or disapproval. Failure of the designated authority to act within sixty days of the receipt of development plans or subdivision plats with all documentation required by the land development regulations is deemed considered to constitute approval, and the developer must be issued a letter of approval and authorization to proceed based on the plans or plats and supporting documentation presented. The sixty-day time limit may be extended by mutual agreement.
(B) A record of all actions on all land development plans and subdivision plats with the grounds for approval or disapproval and any conditions attached to the action must be maintained as a public record. In addition, the developer must be notified in writing of the actions taken.
(C) Staff action, if authorized, to approve or disapprove a land development plan may be appealed to the planning commission by any party in interest. The planning commission shall must act on the appeal within sixty days, and the action of the planning commission is final.
(D)(1) An appeal from the decision of the planning commission may must be taken to the circuit court within thirty days after actual notice of the decision.
(2) A property owner whose land is the subject of a decision of the planning commission may appeal by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-1155.
A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is mailed.
(3) Any filing of an appeal from a particular planning commission decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(11)(a).
(4) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. If any party so requests, the appeal must be given precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the planning commission, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking."
SECTION 13. The 1976 Code is amended by adding:
"Section 6-29-1155. (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the planning commission.
(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:
(1) the local legislative governing body in public session; and
(2) the circuit court as provided in subsection (G).
(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body.
(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision: (1) in the same manner as provided by law for appeals from other judgments of the circuit court; or (2) by filing an appeal pursuant to subsection (F)."
SECTION 14. The 1976 Code is amended by adding:
Educational Requirements for Local Government Planning or Zoning
Officials or Employees
Section 6-29-1310. As used in this article:
(1) 'Advisory committee' means the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees;
(2) 'Appointed official' means a planning commissioner, board of zoning appeals member, or board of architectural review member;
(3) 'Clerk' means the clerk of the local governing body;
(4) 'Local governing body' means the legislative governing body of a county or municipality;
(5) 'Planning or zoning entity' means a planning commission, board of zoning appeals, or board of architectural review;
(6) 'Professional employee' means a planning professional, zoning administrator, zoning official, or a deputy or assistant of a planning professional, zoning administrator, or zoning official.
Section 6-29-1320. (A) The local governing body must:
(1) by no later than December 31st of each year, identify the appointed officials and professional employees for the jurisdiction and provide a list of those appointed officials and professional employees to the clerk and each planning or zoning entity in the jurisdiction; and
(2) annually inform each planning or zoning entity in the jurisdiction of the requirements of this article.
(B) Appointed officials and professional employees must comply with the provisions of this article according to the following dates and populations based on the population figures of the latest official United States Census:
(1) municipalities and counties with a population above 70,000: by January 1, 2005;
(2) municipalities and counties with a population of 35,000 to 70,000: by January 1, 2006; and
(3) municipalities and counties with a population under 35,000: by January 1, 2007.
Section 6-29-1330. (A) There is created the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees.
(B) The advisory committee consists of five members appointed by the Governor with the advice and consent of the Senate. The advisory committee consists of: (1) a planner recommended by the South Carolina Chapter of the American Planning Association; (2) a municipal official or employee recommended by the Municipal Association of South Carolina; (3) a county official or employee recommended by the South Carolina Association of Counties; (4) a representative recommended by the University of South Carolina's Institute for Public Service and Policy Research; and (5) a representative recommended by Clemson University's Department of Planning and Landscape Architecture. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. If the Governor rejects any person recommended for appointment or the Governor's appointment is not confirmed by the Senate, the group or association who recommended the person must submit additional names to the Governor for consideration.
(C) The members of the advisory committee must serve a term of four years and until their successors are appointed and qualify; except that for the members first appointed to the advisory committee, the planner must serve a term of three years; the municipal official or employee and the county official or employee must each serve a term of two years; and the university representatives must each serve a term of one year. A vacancy on the advisory committee must be filled in the manner of the original appointment for the remainder of the unexpired term. The Governor may remove a member of the advisory committee in accordance with Section 1-3-240(B).
(D) The advisory committee's duties are to:
(1) compile and distribute a list of approved orientation and continuing education programs that satisfy the educational requirements in Section 6-29-1340;
(2) determine categories of persons with advanced degrees, training, or experience, that are eligible for exemption from the educational requirements in Section 6-29-1340; and
(3) make an annual report to the President Pro Tempore of the Senate and Speaker of the House of Representatives, no later than April 15th of each year, providing a detailed account of the advisory committee's:
(a) activities;
(b) expenses;
(c) fees collected; and
(d) determinations concerning approved education programs and categories of exemption.
(E) A list of approved education programs and categories of exemption by the advisory committee must be available for public distribution through notice in the State Register and posting on the General Assembly's Internet website. This list must be updated by the advisory committee at least annually.
(F) The members of the advisory committee must serve without compensation and must meet at a set location to which members must travel no more frequently than quarterly, at the call of the chairman selected by majority vote of at least a quorum of the members. Nothing in this subsection prohibits the chairman from using discretionary authority to conduct additional meetings by telephone conference if necessary. These telephone conference meetings may be conducted more frequently than quarterly. Three members of the advisory committee constitute a quorum. Decisions concerning the approval of education programs and categories of exemption must be made by majority vote with at least a quorum of members participating.
(G) The advisory committee may assess by majority vote of at least a quorum of the members a nominal fee to each entity applying for approval of an orientation or continuing education program; however, any fees charged must be applied to the operating expenses of the advisory committee and must not result in a net profit to the groups or associations that recommend the members of the advisory committee. An accounting of any fees collected by the advisory committee must be made in the advisory committee's annual report to the President Pro Tempore of the Senate and Speaker of the House of Representatives.
Section 6-29-1340. (A) Unless expressly exempted as provided in Section 6-29-1350, each appointed official and professional employee must:
(1) no earlier than one hundred and eighty days prior to and no later than three hundred and sixty-five days after the initial date of appointment or employment, attend a minimum of six hours of orientation training in one or more of the subjects listed in subsection (C); and
(2) annually, after the first year of service or employment, but no later than three hundred and sixty-five days after each anniversary of the initial date of appointment or employment, attend no fewer than three hours of continuing education in any of the subjects listed in subsection (C).
(B) An appointed official or professional employee who attended six hours of orientation training for a prior appointment or employment is not required to comply with the orientation requirement for a subsequent appointment or employment after a break in service. However, unless expressly exempted as provided in Section 6-29-1350, upon a subsequent appointment or employment, the appointed official or professional employee must comply with an annual requirement of attending no fewer than three hours of continuing education as provided in this section.
(C) The subjects for the education required by subsection (A) may include, but not be limited to, the following:
(1) land use planning;
(2) zoning;
(3) floodplains;
(4) transportation;
(5) community facilities;
(6) ethics;
(7) public utilities;
(8) wireless telecommunications facilities;
(9) parliamentary procedure;
(10) public hearing procedure;
(11) administrative law;
(12) economic development;
(13) housing;
(14) public buildings;
(15) building construction;
(16) land subdivision; and
(17) powers and duties of the planning commission, board of zoning appeals, or board of architectural review.
(D) In order to meet the educational requirements of subsection (A), an educational program must be approved by the advisory committee.
Section 6-29-1350. (A) An appointed official or professional employee who has one or more of the following qualifications is exempt from the educational requirements of Section 6-29-1340:
(1) certification by the American Institute of Certified Planners;
(2) a masters or doctorate degree in planning from an accredited college or university;
(3) a masters or doctorate degree or specialized training or experience in a field related to planning as determined by the advisory committee;
(4) a license to practice law in South Carolina.
(B) An appointed official or professional employee who is exempt from the educational requirements of Section 6-29-1340 must file a certification form and documentation of his exemption as required in Section 6-29-1360 by no later than the first anniversary date of his appointment or employment. An exemption is established by a single filing for the tenure of the appointed official or professional employee and does not require the filing of annual certification forms and conforming documentation.
Section 6-29-1360. (A) An appointed official or professional employee must certify that he has satisfied the educational requirements in Section 6-29-1340 by filing a certification form and documentation with the clerk no later than the anniversary date of the appointed official's appointment or professional employee's employment each year.
(B) Each certification form must substantially conform to the following form and all applicable portions of the form must be completed:
FOR LOCAL GOVERNMENT PLANNING OR ZONING
OFFICIALS OR EMPLOYEES
To report compliance with the educational requirements, please complete and file this form each year with the clerk of the local governing body no later than the anniversary date of your appointment or employment. To report an exemption from the educational requirements, please complete and file this form with the clerk of the local governing body by no later than the first anniversary of your current appointment or employment. Failure to timely file this form may subject an appointed official to removal for cause and an employee to dismissal.
Name of Appointed Official or Employee: ____________________
Position: _______________________________________________
Initial Date of Appointment or Employment: __________________
Filing Date: ____________________________________________
I have attended the following orientation or continuing education program(s) within the last three hundred and sixty-five days (Please note that a program completed more than one hundred and eighty days prior to the date of your initial appointment or employment may not be used to satisfy this requirement.):
Program Name
Sponsor
Location
Date Held
Hours of Instruction
Also attached with this form is documentation that I attended the program(s).
I am exempt from the orientation and continuing education requirements because (please initial the applicable response on the line provided):
____ I am certified by the American Institute of Certified Planners.
____ I hold a masters or doctorate degree in planning from an accredited college or university.
____ I hold a masters or doctorate degree or have specialized training or experience in a field related to planning as determined by the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees. (Please describe your advanced degree or specialty on the line provided.)
__________________________________________________________________________________________________________________
____ I am licensed to practice law in South Carolina.
Also attached with this form is documentation to confirm my exemption.
I certify that I have satisfied or am exempt from the educational requirements for local planning or zoning officials or employees.
Signature: _________________________________________________________
(C) Each appointed official and professional employee is responsible for obtaining written documentation that either: (1) is signed by a representative of the sponsor of any approved orientation or continuing education program for which credit is claimed and acknowledges that the filer attended the program for which credit is claimed; or (2) establishes the filer's exemption. The documentation must be filed with the clerk as required by this section.
Section 6-29-1370. (A) The local governing body is responsible for:
(1) sponsoring and providing approved education programs; or
(2) funding approved education programs provided by a sponsor other than the local governing body for the appointed officials and professional employees in the jurisdiction.
(B) The clerk must keep in the official public records originals of:
(1) all filed forms and documentation that certify compliance with educational requirements for three years after the calendar year in which each form is filed; and
(2) all filed forms and documentation that certify an exemption for the tenure of the appointed official or professional employee.
Section 6-29-1380. (A) An appointed official is subject to removal from office for cause as provided in Sections 6-29-350, 6-29-780, or 6-29-870 if he:
(1) fails to complete the requisite number of hours of orientation training and continuing education within the time allotted under Section 6-29-1340; or
(2) fails to file the certification form and documentation required by Section 6-29-1360.
(B) A professional employee is subject to suspension or dismissal from employment relating to planning or zoning by the local governing body or planning or zoning entity if he:
(1) fails to complete the requisite number of hours of orientation training and continuing education within the time allotted under Section 6-29-1340; or
(2) fails to file the certification form and documentation required by Section 6-29-1360.
(C) A local governing body must not appoint a person who has falsified the certification form or documentation required by Section 6-29-1360 to serve in the capacity of an appointed official.
(D) A local governing body or planning or zoning entity must not employ a person who has falsified the certification form or documentation required by Section 6-29-1360 to serve in the capacity of a professional employee."
SECTION 15. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, 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 16. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The question then was the adoption of the committee amendment, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Drummond Elliott Fair * Ford Giese Glover Gregory Grooms * Hawkins Hayes * Holland * Hutto Jackson Knotts Kuhn * Land Leatherman * Leventis * Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne * Thomas * Verdin Waldrep
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The committee amendment, as amended, was adopted.
Senators HUTTO and McCONNELL spoke on the Bill.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Drummond Elliott Fair * Ford Giese Glover Gregory Grooms * Hawkins Hayes * Holland * Hutto Jackson Knotts Kuhn * Land Leatherman * Leventis * Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne * Thomas * Verdin Waldrep
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator RYBERG, with unanimous consent, S. 204 was ordered to receive a third reading on Thursday, February 20, 2003.
S. 79 (Word version) -- Senator Alexander: A BILL TO REPEAL SECTION 6-8-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF CERTIFICATES OF REGISTRATION WITHOUT EXAMINATION TO BUILDING CODES ENFORCEMENT OFFICERS EMPLOYED IN CODES ENFORCEMENT FOR THEIR POSITION AND LOCATION AT THE TIME THIS CODE SECTION BECAME EFFECTIVE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Labor, Commerce and Industry proposed the following amendment (NBD\11261AC03), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 6-8-30 of the 1976 Code, as amended by Act 44 of 1999, is amended to read:
"Section 6-8-30. (A) Certificates of registration may be issued without examination to building codes enforcement officers employed in codes enforcement on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed.
(B) Upon initial employment by a political subdivision, an individual must be granted a provisional certificate of registration without examination which is valid for the time period stipulated by regulation for each registration classification from the date of issuance six months from the date of initial employment. The provisional certificate of registration may not be renewed.
SECTION 2. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. Verne Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senators MOORE, SHORT, SETZLER, LAND, PATTERSON, COURSON, MARTIN, MATTHEWS, HUTTO, KNOTTS and O'DELL proposed the following amendment (375-1-SHORT), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking lines 4 through 12 and inserting:
/ The school district may furlough school district administrative staff and school level employees. A furlough of district level administrative staff may not exceed ten days. A furlough of direct instructional classroom and support staff may not exceed five days and is to be implemented only after it is determined that a furlough of five days at the district administrative staff level only would be insufficient to avoid a year-end deficit and a reduction in force. Direct instructional classroom and support staff may be placed on furlough only after a five-day furlough of the district level administrative staff has been implemented. The district shall take all reasonable action necessary to provide furlough days on in-service days and shall only provide for furlough days on instructional days if absolutely necessary. All school districts are exempt from the defined minimum plan in Section 59-1-420 to the extent absolutely necessary to carry out this provision. /
Renumber sections to conform
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators MOORE, SHORT, SETZLER, LAND, PATTERSON, COURSON, MARTIN, MATTHEWS, HUTTO, KNOTTS and O'DELL proposed the following amendment (375-MOORE), which was adopted:
Amend the bill, as and if amended, page 2, lines 31 through 35 by striking SECTION 2 and inserting:
/ SECTION 2. For fiscal year 2002-2003, all school districts and special schools of this State may transfer revenue between programs to any instructional program with the same funding source and may make expenditures for direct classroom instructional programs and essential operating costs from any state source without regard to fund type with the exception of school building bond funds. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators PATTERSON and MARTIN spoke on the Resolution.
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading.
On motion of Senator MARTIN, with unanimous consent, S. 375 was ordered to receive a third reading on Thursday, February 20, 2003.
S. 292 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE POWER OF AN ENGINE ON WATERCRAFT AND ON PONTOON BOATS OPERATING ON LAKE H. TAYLOR BLALOCK FROM FIFTEEN HORSEPOWER TO FORTY HORSEPOWER AND FORTY HORSEPOWER TO FIFTY HORSEPOWER, RESPECTIVELY, AND TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE WATERCRAFT ON LAKE BLALOCK IN VIOLATION OF UNITED STATES COAST GUARD REQUIREMENTS.
Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator GREGORY asked unanimous consent to commit the Bill to the Committee on Fish, Game and Forestry.
There was no objection.
The Bill was committed to the Committee on Fish, Game and Forestry.
H. 3368 (Word version) -- Reps. J.R. Smith, Clark, Clyburn, Perry, D.C. Smith and Stewart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF INTERSTATE HIGHWAY 520 IN AIKEN COUNTY AS "PALMETTO PARKWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THIS HIGHWAY CONTAINING THE WORDS "PALMETTO PARKWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
S. 250 (Word version) -- Senators Kuhn, Ford, Ravenel and Mescher: A BILL TO ESTABLISH GOVERNANCE CRITERIA AND REVISE THE GOVERNANCE STRUCTURE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, TO ABOLISH THE EIGHT CONSTITUENT DISTRICT BOARDS OF SCHOOL TRUSTEES IN CHARLESTON COUNTY AND TO DEVOLVE THEIR POWERS, DUTIES, ASSETS, AND LIABILITIES UPON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION OF CHARLESTON COUNTY IS THE CHIEF EXECUTIVE OFFICER OF THE DISTRICT, WHO SHALL HIRE ALL DISTRICT PERSONNEL, INCLUDING TEACHERS, AND WHO SHALL HIRE AREA SUPERINTENDENTS TO CONSULT WITH SCHOOL PRINCIPALS AND TO ACT AS INTERMEDIARY BETWEEN THE PRINCIPALS AND THE DISTRICT SUPERINTENDENT; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT SHALL CONSIST OF NINE MEMBERS WHO MUST BE ELECTED IN PARTISAN ELECTIONS FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2004, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS; AND TO REPEAL ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT AND VARIOUS DUTIES OF THE DISTRICT SUPERINTENDENT AND THE BOARD.
Senator KUHN asked unanimous consent to make a motion to take up the Bill for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PINCKNEY proposed the following Amendment No. 12 (250-19-PINCKNEY), which was not adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Act 340 of 1967, as amended by Act 936 of 1970, by deleting SECTION 2 and SECTION 2A and inserting:
"The governing body of the Charleston County School District must be a board known as the Charleston County School Board. The board shall consist of nine members who, beginning with the 2004 General Election must be elected from single-member districts. The present members of the board of the district shall continue to serve until the time specified in this act, at which time the members of the board elected in the manner provided for in this act shall take office.
Except as otherwise provided herein, the members of the board must be elected at the general election beginning in 2004 for terms of four years. At the 2004 election, and to provide for staggered terms of office, members of the board must be elected from Districts 1, 3, 5, 7, and 9 for terms of four years and until their successors are elected and qualify. Members of the board must be elected from Districts 2, 4, 6, and 8 for terms of two years each and until their successors are elected and qualify. Successors to these members must be elected for four-year terms at the general election every two or four years thereafter as appropriate. All members of the board shall serve until their successors are elected and qualify. Nothing in this act shall be construed to alter the staggering of terms established by this section. The terms of the present members of the board shall expire when the members elected at the 2004 General Election qualify and take office.
At any election the candidate for each seat receiving a majority of the votes shall be deemed elected. If no candidate receives a majority of votes cast, there shall be a runoff election held within two weeks of the election between the two candidates receiving the greatest number of votes.
A vacancy occurring for any reason other than expiration of a term must be filled by special election for the unexpired portion of the term as provided in Section 7-13-190, unless the vacancy occurs within nine months of the next general election.
For the purpose of electing members of the Charleston County School Board beginning in 2004, the School District of Charleston County is divided into nine single-member election districts as shown on the official map designated as S-19-00-03 (A) prepared by and on file with the Office of Research and Statistical Services of the State Budget and Control Board, and as shown on certified copies of the official map provided to the State Election Commission and the Charleston County Election Commission by the Office of Research and Statistical Services. These single-member districts must be reapportioned by the General Assembly at the next census after the effective date of this act and every ten years thereafter based on the most recent census.
One member of the School Board of Charleston County must be elected from each of the nine single-member election districts established by law. Each member of the board must have been a legal resident of the district in which he is elected for a minimum of one year prior to the general election and must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of their candidacy with the county election commission at least thirty days before the date set for the election but not earlier than sixty days before an election. This notice of candidacy must be a sworn statement and shall include the candidate's name, age, voting precinct, single-member election district in which the candidate resides, period of residence in the district, and such other information as the county election commission shall require.
The county commissioners of election shall conduct and supervise all elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election sixty days preceding the election in the newspapers of general circulation published in Charleston County and shall publish a second notice two weeks thereafter. The cost of the elections shall be borne by Charleston County." /
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
The question then was the adoption of the amendment.
Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Pinckney (11.46)
Branton (1.31) Grooms (2.68) Kuhn (14.70) McConnell (25.54) Mescher (8.60) Ravenel (12.83)
Ford (22.89)
By a weighted vote of 65.66 to 11.45, the amendment was not adopted.
Senator PINCKNEY proposed the following Amendment No. 14 (250-10-PINCKNEY):
Amend the bill, as and if amended, page 2, lines 26 through 34 by striking SECTION 2 and inserting:
/ SECTION 2. Eight constituent districts shall serve in an advisory capacity for administrative purposes and shall perform functions delegated by the Charleston County School Board. These constituent districts are to be representative of the eight Charleston school districts prior to consolidation in 1967 with the members of each district appointed by the trustees representing that area. /
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
Senator KUHN argued contra to the adoption of the amendment.
Senator PINCKNEY asked unanimous consent to make a motion to carry over the Bill.
There was no objection and the Bill was carried over.
On motion of Senators GROOMS and BRANTON, with unanimous consent, the Senate stood adjourned in memory of Mr. Roy Alton "Al" Knight of St. George, S.C., who passed away on February 15, 2003.
At 4:52 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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